If I am abroad, can I file for a divorce unilaterally petition in Vietnam?
If I am abroad, can I file for a divorce unilaterally petition in Vietnam? Can I be absent from the Court sessions during a divorce in Vietnam?
I am currently studying abroad, the marriage is not satisfactory, both now have separate lives, so now I want to divorce but my wife does not agree. I don't have the conditions to return to Vietnam, so I want to send my divorce petition to Vietnam, will it be accepted? I can't go back to Vietnam to attend the Court sessions , will the court settle this for me?
Please advise. Thankyou.
1. If I am abroad, can I file for a divorce unilaterally petition in Vietnam?
Pursuant to Article 190 of the 2015 Civil Procedure Code about submission of lawsuit petitions to courts, specifically as follows:
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.
According to this Article, you can send a lawsuit petition and accompanied documents and evidences from abroad to a Vietnamese court competent to settle the case by post.
2. Can I be absent from the Court sessions during a divorce in Vietnam?
In Article 228 of the Civil Procedure Code 2015 on trial in absence of involved parties and/or defense counsels of their rights and interests from Court sessions, according to which:
The Courts shall proceed with the case adjudication in the following circumstances:
1. The plaintiff, the defendant or the persons with related interests and duties and their representatives are absent from Court sessions but such plaintiff/defendant/person with related interests and duties files an application to request the Courts to conduct the trial in their absence;
2. The plaintiff, the defendant or the persons with related interests and obligations, who are absent from Court sessions, have their lawful representatives to attend the Court sessions;
3. The cases prescribed in points b, c, d and dd clause 2 Article 227 of this Code.
Thus, if you do not have the conditions to return to Vietnam to participate in the Court sessions, you must make an application to request the Courts to conduct the trial in their absence.
Best Regards!
