If I withdraw my divorce petition, can I re-submit it in Vietnam?

If I withdraw my divorce petition, can I re-submit it in Vietnam?

I recently went through the divorce procedure and filed for divorce, but the documents were not complete and the court did not accept it. So I want to resubmit the petition for divorce?

Reply:

Pursuant to Point b, Clause 3, Article 192 of the 2015 Civil Procedure Code, involved parties may re-submit the petitions in the following cases:

b) The petitions for divorces, for change in child adoption, change of alimony levels or damage compensation levels, or petitions 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 have not been recognized by Court and are eligible for re-initiation of lawsuits as prescribed by law;

Thus, in this case, you still have right to resubmit your request for divorce and the Court will still resolve your divorce in Vietnam.

At that time, to get a divorce, you need to prove that your husband has violated the marital relationship and committed acts of violence that make married life unable to continue according to the law on marriage in Vietnam.

 If I withdraw my divorce petition, can I re-submit it in Vietnam? (Image from the Internet)

Does divorce when the husband is in prison require mediation in Vietnam?

Regarding the law on marriage and family in unilateral divorce cases, I would like to ask: Does divorce when the husband is in prison require mediation in Vietnam?

Reply:

Pursuant to Clause 1, Article 205 of the 2015 Civil Procedure Code stipulates as follows:

1. During the period of preparation for the first-instance trial over cases, the Courts must carry out mediation for the involved parties to reach agreement on the resolution of the cases, except cases which must not be mediated or cannot be mediated as stipulated in Articles 206 and 207 of this Code or cases settled under simplified procedures.

Referring to Articles 206 and 207 of the 2015 Civil Procedure Code, there is a case that meets the above conditions: The involved parties cannot participate in mediation for a legitimate reason.

Thus, if the husband is in prison, this can be considered a legitimate reason for not mediating the unilateral divorce case in Vietnam.

If I don't pay an advance payment, will the Court still process the divorce petition in Vietnam?

I have submitted a divorce petition to the court but have not yet paid the money. But why does my husband say the trial is over? He also said: The court called him, not me. Then he took our child to raise without my knowledge. Why?

Reply:

In Clause 1, Article 146 of the 2015 Civil Procedure Code, there are provisions as follows:

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.

At the same time, according to the case handling procedures in Article 195 of the 2015 Civil Procedure Code:

1. After receiving lawsuit petitions and accompanied materials and/or evidences, if deeming that the cases fall within the courts’ jurisdiction, the Judges shall immediately notify the litigators thereof so that they may come to Courts for carrying out procedures to advance the Court fees in cases where they are liable thereto.

2. The Judges shall estimate the Court fee advance amounts, write them down on the notices and hand them to the litigators for payment of Court fee advances. Within 07 days as from the day on which the courts' notices on payment of Court fee advances are received, the litigators must pay such advances and submit the receipts for payment of Court fee advances.

3. The Judges shall accept the petitions when the litigators have submitted to the Courts the Court fee advance payment receipts.

4. In cases where the litigators are exempt from, or not required to pay, Court fee advances, the Judges must accept the petitions upon receiving the lawsuit petitions and accompanied materials and/or evidences.

Thus, it is their obligation for the litigators to advance fees and at the same time paying advance fees is a necessary condition for the Court to be able to accept the case. Therefore, in this case, it is very possible that your husband has informed the incident incorrectly. You need to contact the Court where the petition was filed to ask for more information as well as pay an advance on the court fee so that the petition can be resolved in Vietnam.

Best regards!