What documents are included in the application for divorce in Vietnam?

What documents are included in the application for divorce in Vietnam?

You may refer to the following divorce documents:

(1) For the case of divorce by mutual consent, the divorce documents include:

- A request for recognition of mutual divorce (according to the model issued together with Resolution 01/2017/NQ-HDTP);

- A marriage certificate (original);

- Household registration (certified copy);

- ID card/passport (certified copy);

- Birth certificate of the child (copy);

- Other documents and evidence proving common property.

(2) For the case of unilateral divorce, the divorce documents include:

- A unilateral divorce petition;

- A marriage certificate (original);

- ID card/passport of the person filing for divorce;

- Household registration of the spouses;

- A copy of the child's birth certificate if there are common children;

- Documents related to proving property in case of property disputes, such as a copy of the land use certificate, a copy of the vehicle registration for cars and motorcycles, etc. In addition, if the money in the bank account is common property, a bank statement must be attached.

If the spouses have shared common debt, they must have relevant documents such as a loan agreement, a loan contract, a mortgage agreement, etc.

Note: Cases of unilateral divorce for child custody, unilateral divorce in absentia, unilateral divorce with foreign elements, etc., need to add more relevant documents.

What documents are included in the application for divorce in Vietnam? - Image from Internet

Who shall advance Court fees for divorce cases in Vietnam?

Pursuant to Article 146 of the Civil Procedure Code in 2015 stipulating obligation to advance Court fees and advance charges as follows:

Obligation to advance Court fees and advance charges

1. The plaintiffs, the defendants who have made counter-claims against the plaintiffs and the persons with related rights and interests who have made independent claims in civil lawsuits must advance first-instance Court fees; the persons who have made appeals must advance appellate Court fees, except for cases where they are exempted from, or do not have to pay Court fee advances.

2. Persons who have submitted applications petitioning Courts to settle civil matters must advance charges for the resolution of such civil matters, except for cases where they are exempt from, or do not have to pay the charge advances.

Regarding persons applying for recognition of voluntary divorces and agreements on child custody and property division upon divorce, husbands and wives may agree about the payment of charge advances, except for cases where they are exempt from, or do not have to pay the charge advances according to law provisions. If spouses fail to agree the payment of charge advance, each of them shall pay a half of the charge advance.

As regulations above, in case of unilateral divorce, the persons who have submitted the petition shall advance the Court fees.

Regarding persons applying for recognition of voluntary divorces and agreements on child custody and property division upon divorce, husbands and wives may agree about the payment of charge advances, except for cases where they are exempt from, or do not have to pay the charge advances according to law provisions.

If spouses fail to agree the payment of charge advance, each of them shall pay a half of the charge advance.

What are methods of submission of the application for divorce in Vietnam?

Pursuant to Article 190 of the Civil Procedure Code in 2015 stipulating submission of lawsuit petitions to courts as follows:

Submission of lawsuit petitions to courts

1. Litigators shall submit their lawsuit petitions and the accompanied documents and/or evidences to Courts competent to settle their cases by the following modes:

a) Direct submission at courts;

b) Sending to Courts by post;

c) Sending through e-portal of Courts (if any).

2. Date of initiation of lawsuits is the day on which the Courts receive the petitions submitted by involved parties or the date written on the seals of the post office where the petitions are sent from.

In cases where the date cannot be identified through the seals of the sending post offices, the date of initiation of lawsuit shall be the day on which the involved parties send the petitions from the post offices. Involved parties shall prove the day on which they sent the petitions from the post offices; otherwise, the date of initiation of lawsuit shall be the day on which the Courts receive the petitions delivered by the post offices.

3. If the litigators send the petitions through e-portal, the date of initiation of lawsuit shall be the day on which the petitions are sent.

4. If the cases are transferred to other Courts as prescribed in Article 41 of this Code, the date of initiation of lawsuit shall be the day on which the petitions are sent to the Courts which have accepted the petitions ultra vires and shall be determined according to provisions in clause 2 and 3 of this Article.

5. The Supreme People’s Court shall provide guidance on the implementation of this Article.

As regulations above, there are 02 methods of submission of the application for divorce in Vietnam:

- Direct submission at courts;

- Sending to Courts by post;

- Sending through e-portal of Courts (if any).

Best regards!