If my husband does not sign the conciliation record, will the conciliation session be recognized in Vietnam?

If my husband does not sign the conciliation record, will the conciliation session be recognized in Vietnam?

Pursuant to Article 54 of the 2014 Law on Marriage and Family, conciliation at Court is prescribed as follows:

After accepting a divorce petition, a court shall conduct conciliation in accordance with the civil procedure law.

Article 211 of the 2015 Civil Procedure Code stipulates minutes of meetings for checking the handover of, access to and disclosure of evidences and mediating as follows:

1. Court clerks shall be in charge of formulating minutes of meetings for checking the handover of, access to and disclosure of evidences and for mediating.

2. Minutes of the checking the handover of, access to and disclosure of evidences must contain the following contents:

a) Date of meeting;

b) Place of meeting;

c) The participants in the meeting;

d) Opinions of involved parties or lawful representatives of involved parties about contents specified in clause 2 Article 210 of this Code;

dd) Other contents;

e) Decisions of the Court to accept or not accept claims of involved parties.

3. Minutes of the mediation must contain the following contents:

a) Those specified in points a, b and c clause 2 of this Article;

b) Opinions of involved parties and defense counsels of their legitimate rights and interests of involved parties;

c) Contents have or have not been agreed by involved parties.

4. The minutes must bear the signatures or fingerprints of all participants in the meetings, signatures of the Court clerks in charge of making minutes and of the presiding Judges of the meetings. Participants in the meetings may have a look at the minutes immediately when the meetings finish and may request for amendment and supplement to the minutes before appending signatures or fingerprints.

5. If involved parties reach agreements about matters to be resolved in civil lawsuits, the Courts shall make minutes of successful mediation. Such minutes shall be immediately sent to involved parties participating in the mediation.

Thus, according to the above regulations in Vietnam, the conciliation minutes must have all the signatures or fingerprints of the participants in the meeting. In this case, your husband refuses to sign, then the conciliation minute that day will be considered to have no legal value. Because the conciliation minute has no legal value, you may be invited by the Court to go to conciliation again.

If my husband does not sign the conciliation record, will the conciliation session be recognized in Vietnam? (Image from the Internet)

If conciliation fails, what will the Court resolve the divorce in Vietnam?

According to Article 56 of the 2014 Law on Marriage and Family, divorce at the request of one spouse as follows:

1. When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

2. When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.

3. For request for a divorce under Clause 2, Article 51 of this Law, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.

Therefore, if conciliation fails, the Court will grant divorce if there are grounds that the husband or wife has committed domestic violence or seriously violated the rights and obligations of the husband and wife, making the marriage into an irreversible state in Vietnam.

Best regards!