If a divorce petition is rejected by the court in Vietnam, when can it be refiled?

If a divorce petition is rejected by the court in Vietnam, when can it be refiled?

Pursuant to Section 10 of the Resolution 02/2000/NQ-HĐTP stipulating as follows:

0. Divorce at the request of one spouse (Article 91)

a. When one spouse files for divorce, the court must attempt to reconcile the couple. If the reconciliation is successful and the spouse who filed for divorce withdraws the petition, the court will apply Article 46, Clause 2 of the Ordinance on Procedures for Handling Civil Cases to issue an order to suspend the proceedings.

If the spouse who filed for divorce does not withdraw the petition, the court will draw up a record of successful reconciliation. After 15 days from the date of drawing up the record, if the spouse or both spouses do not change their minds and the Public Prosecutor does not object, the court will issue a decision recognizing the successful reconciliation. The decision recognizing the successful reconciliation takes legal effect immediately and the parties do not have the right to appeal, and the Public Prosecutor does not have the right to appeal in the appellate procedure.

b. In the case of unsuccessful reconciliation, the court will draw up a record of unsuccessful reconciliation and proceed to open a trial to hear the divorce case under the general procedure.

c. It is important to note that although procedural law does not yet provide for this, for a person whose divorce petition is rejected by the court, one year after the date the judgment or decision of the court rejecting the divorce petition becomes legally effective, that person may again request the court to resolve the divorce petition.

In your case, you are the party who filed for divorce with the court to resolve the divorce, but the court rejected your petition. Therefore, you can refile the divorce petition after one year.

If a divorce petition is rejected by the court in Vietnam, when can it be refiled? - Source: Internet

In what cases will the court in Vietnam return the lawsuit petitions?

Pursuant to Article 192 of the Civil Procedure Code in 2015 stipulating return of lawsuit petitions as follows:

a) The petitioners have no right to initiate a lawsuit as prescribed in Articles 186 and 187 of this Code or do not have full civil procedure act capacity;

b) Conditions for initiating lawsuits prescribed by law are not fully satisfied.

Cases where conditions for initiating lawsuits are not fully satisfied are cases where there are provisions about conditions for initiating lawsuits but the litigators initiate lawsuits when any of such conditions has not been satisfied;

c) The matters have been resolved by effective judgments or decisions of Courts or legally binding decisions of competent State agencies, except for cases where the Courts reject the applications for divorce, for change in child adoption, change of alimony levels or damage compensation levels, or applications for change of property manager, change of inherited-property manager, change of guardian or cases of the reclaim of leased or lent properties or houses leased, lent or offered for other people's free-of-charge stay, which have not been recognized by Court and eligible for re-initiation of lawsuits as prescribed by law;

d) After the time limit specified in clause 2 Article 195 of this Code, the litigators fail to submit the receipts of Court fee advances to the Courts, except for cases they are exempt or do not have to pay the Court fee advances or there are objective obstacles or force majeure events;

dd) The cases do not fall under the courts' jurisdiction;

e) The litigators fail to amend or supplement the petitions at the request of the Judges as prescribed in clause 2 Article 193 of this Code.

If in the petitions, the litigators have written sufficiently and accurately the residential addresses of the defendants and/or the persons with relevant interests and duties but such persons change their residences regularly without notification to compentent agencies/persons according to law regulations on residence to evade obligations towards the litigators, the Judges shall not return the lawsuit petitions but regard the defendants/persons with related interests and duties as purposely concealing their addresseses and accept the petition and conduct settlement according to general procedures.

If in the petitions, the litigators failed to declare sufficiently or accurately names and addresses of defendants and/or persons with relevant interests and duties and fail to make amendment/supplement according to the requests of the Judges, the Judges shall return the petitions to the litigators;

g) The litigators withdraw the petitions.

Above are cases when the court in Vietnam will return the lawsuit petitions.

Best regards!