Instructions on how to write divorce petition in Vietnam

What are modes of submission of divorce petitions to courts in Vietnam?

Pursuant to Article 190 of the Law on 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.

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As regulations above, a person requesting a divorce can submit a divorce petition to the Court through one of the following 3 modes:

- Direct submission at courts;

- Sending to Courts by post;

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

Current divorce petition form according to the law in Vietnam

The following divorce petition form (Form 23-DS) is issued with Resolution 01/2017/NQ-HDTP:

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

…… ⁽¹⁾ , date…….

PETITION

To: People's Court ⁽²⁾ ……………………………………

Petitioner: ⁽³⁾ .............................................. ..............................

Address: ⁽⁴⁾ .............................................. ................................................................ .

Phone number: …………………(if any); fax number: …………………….(if any)

E-mail address: ………......................................... ........ (if any)

Defendant: ⁽⁵⁾ .............................................. ..........................

Address ⁽⁶⁾ ................................................ ................................................................ .

Phone number: …………………(if any); fax number: …………………….(if any)

E-mail address: ………......................................... ........ (if any)

Person whose rights and interests are protected (if any) ⁽⁷⁾ ................................................ ...

Address: ⁽⁸⁾ .............................................. ................................................................ ..

Phone number: …………………(if any); fax number: …………………….(if any)

Email address: ………………………………............(if any)

Persons with related rights and obligations (if any) ⁽⁹⁾ ................................

Address: ⁽¹⁰⁾ .............................................. ................................................................

Phone number: …………………(if any); fax number: …………………….(if any)

Email address: ..………………………..……............. (if any)

Request the Court to resolve the following issues: ⁽¹¹⁾ ..........................

................................. ................................. ............

Witnesses (if any) ⁽¹²⁾ ................................................ ..........................

Address: ⁽¹³⁾ .............................................. ................................................................

Phone number: …………………(if any); fax number: …………………….(if any)

Email address: ………………………...…….…......... (if any).

The list of documents and evidence accompanying the petition includes: ⁽¹⁴⁾ ............

1................................................. ................................................................ ............

2................................................. ................................................................ ..........

(Other information that the plaintiff considers necessary for resolving the case) ⁽¹⁵⁾ .......................... ................................................................ .............................................

Petitioner ⁽¹⁶⁾

Instructions on how to write divorce petition in Vietnam

You can refer to the following ways to write a divorce petition:

Section [1] Record the location to file the lawsuit (for example: Ho Chi Minh City, date……).

Section [2] Specify which district- or province-level People's Court is competent to settle civil matters.

For example: If it is a district-level People's Court, write the People's Court of Binh Chanh district, Ho Chi Minh City.

If it is a Provincial People's Court, write Dong Nai Provincial People's Court.

Section [3] Enter the full name of the petitioner who can be the spouse or legal representative of the individual (in case the individual suing is having civil act capacity, the person having limited civil act capacity), people who have difficulty understanding and controlling their behavior).

Section [4] Enter the place of residence at the time of filing the lawsuit. For example, residing in village A, commune B, district C, province D;

Sections [5], [7], [9] and [12] Write similarly to instructions in section [3].

Sections [6], [8], [10] and [13] Write similarly to instructions in section [4].

Section [11] Specify each issue to request the Court to settle.

- Regarding marital relationship: (Presentation: On what day, month and year did the couple get married? Did they register their marriage or not? If so, at which commune/ward People's Committee? Married on the basis of voluntary courtship. or not? Is the process of living with husband and wife happy or not? At what point does conflict arise? What are the causes of conflict? Is there a time when living apart or not? Up to now, have you determined whether there is still love? or not?)

- Regarding common children: (Presentation: Do husband and wife have children together? If so, how many children do they have in common? Full name, date of birth of child/children? Who are you currently living with? Request for resolution how?)

- Regarding common property: (Presentation: Do husband and wife have common property? to resolve by themselves or request the Court to settle? property and how to claim the property? )

- Regarding common debts: (Presentation: Do husband and wife have common debts such as money and property? If there are common debts, do the two parties resolve it themselves or request the Court to settle? When the court settles, clearly state who is the creditor, when to pay the debt and propose to divide the debt repayment obligation in the divorce petition.)

Section [14] Specify the names of documents attached to the petition, which must be numbered. For example:

- Marriage registration certificate.

- Copy of ID card/CCCD (certified).

- Copy of birth certificate.

- Copy of household registration book (certified).

- Temporary residence certificate for cases of temporary residence in the locality.

Section [15] Record the information that the petitioner considers necessary for the divorce settlement.

Section [16] If the petitioner is an individual, there must be the signature or fingerprint of that petitioner;

- In case the plaintiff is a minor, a person who has lost civil act capacity, a person with limited civil act capacity, or a person with difficulty in understanding behavioral control, that legal representative must sign the fingerprint;

- In case the plaintiff or legal representative is illiterate, cannot see, does not make the petition himself, does not sign or fingerprint himself, then a person with full civil procedure capacity shall do so. witness and sign the petition.

If the petitioner is illiterate, a witness must sign for certification according to the provisions of Point c, Clause 2, Article 189 of the Law on Civil Procedure Code in 2015.

Best regards!