What is the fee for divorce by mutual consent in Vietnam? What are included in the form for divorce by mutual consent in Vietnam?
What is the fee for divorce by mutual consent in Vietnam? What are included in the form for divorce by mutual consent in Vietnam? - Ms. Tho (HCMC).
What is the fee for divorce by mutual consent in Vietnam?
Divorce by mutual consent is considered a resolution of civil, marital and family issues. According to the List of court fees and charges issued with Resolution 326/2016/UUBTVQH14, there are regulations on court fees for resolving a divorce by mutual consent as follows:
|
II |
Civil court fees |
|
|
1 |
First-instance civil court costs |
|
|
1.1 |
For civil, marriage and family disputes, labor has no value |
300,000 VND |
|
1.2 |
For disputes over business and trade, there is no quota |
3,000,000 VND |
|
1.3 |
For civil, marriage and family disputes with a value |
|
|
a |
From 6,000,000 VND or less |
300,000 VND |
|
b |
From over 6,000,000 VND to 400,000,000 VND |
5% of the disputed property value |
|
c |
From over 400,000,000 VND to 800,000,000 VND |
20,000. 000 VND + 4% of the disputed property value exceeding 400,000,000 VND |
|
d |
From over 800,000,000 VND to 2,000,000,000 VND |
36,000,000 VND + 3% of the disputed property value exceeding 800,000,000 VND |
| dd |
From over 2,000,000,000 VND to 4,000,000,000 VND |
72,000,000 VND + 2% of the disputed property value exceeding 2,000,000,000 VND |
|
e |
From over 4,000,000,000 VND |
VND 112,000,000 + 0.1% of the disputed property value exceeding VND 4,000,000,000. |
|
1.4 |
For disputes over business and trade with quotas |
|
|
a |
From 60,000,000 VND or less |
3,000,000 VND |
|
b |
From over 60,000,000 VND to 400,000,000 VND |
5% of the disputed value |
|
c |
From over 400,000,000 VND to 800,000,000 VND |
20,000,000 VND + 4% of the disputed value exceeding 400,000,000 VND |
|
d |
From over 800,000,000 VND to 2,000,000,000 VND |
36,000,000 VND + 3% of the disputed value exceeding 800,000,000 VND |
| dd |
From over 2,000,000,000 VND to 4,000,000,000 VND |
72,000,000 VND + 2% of the disputed value exceeding 2,000,000,000 VND |
|
e |
From over 4,000,000,000 VND |
112,000,000 VND + 0.1% of the disputed value exceeding 4,000,000,000 VND |
|
1.5 |
For labor disputes, there is a quota price |
|
|
a |
From 6,000,000 VND or less |
300,000 VND |
|
b |
From over 6,000,000 VND to 400,000,000 VND |
3% of the disputed value, but not less than 300,000 VND |
|
c |
From over 400,000,000 VND to 2,000,000,000 VND |
12,000,000 VND + 2% of the disputed value exceeding 400,000,000 VND |
|
d |
From over 2,000,000,000 VND |
44,000,000 VND + 0.1% of the disputed value exceeding 2,000,000,000 VND |
|
2 |
Appellate Civil Court Fees |
|
|
2.1 |
For civil, marriage, family, and labor disputes |
300,000 VND |
|
2.2 |
For business and commercial disputes |
2,000,000 VND |
Thus, the first instance court fee for resolving a divorce by mutual consent without a quota is 300,000 VND. The court fee for appellate instance an divorce by mutual consent is 300,000 VND.
When shall a divorce by mutual consent be recognized by the Courts in Vietnam?
Pursuant to Article 55 of the Law on Marriage and Family in 2014 stipulating divorce by mutual consent as follows:
Divorce by mutual consent
When both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children. If the spouses fail to reach agreement or have reached an agreement which -fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.
As regulations above, when both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children.
What are included in the form for divorce by mutual consent in Vietnam?
The form for divorce by mutual consent is a form of request for settlement of civil matters. Specifically, Form No. 01-VDS issued with stipulates the form for divorce by mutual consent as follows:
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
APPLICATION
FOR RESOLUTION OF CIVIL ISSUE
(Regarding: …………..) (1) (1)
To: People's Court…………………… (2)
Persons requesting settlement of civil matters: (3) ..................................................... ..........................................
Address: (4) .............................................................................. ................................. .................................
Phone number (if any): ……………..; Fax (if any): ................................................................................. ....
Email address (if any): ................................................................................. ................................. ........
I (we) would like to present to the People's Court (5) ................................. .............................. as follows:
- Issues requiring the Court to resolve: (6) ................................................ .............................................
................................................................ ................................................................ ..........................................
- Reasons, purposes and grounds for requesting the Court to resolve the above issues: (7)
................................................................ ................................................................ ..........................................
- Names and addresses of people involved in the issues requiring the Court to resolve: (8)
................................................................ ................................................................ ..........................................
- Other information (if any): (9) ................................................ ................................................................ ......
Documents and evidence accompanying the request: (10)
1. ................................................ ................................................................ ..........................................
2. ................................................ ................................................................ ..........................................
3.................................................... ................................................................ ..........................................
I (we) commit that the statements in the application are true.
|
………, date……. (11) CLAIMER (12) |
How to write the form for divorce by mutual consent in Vietnam?
As prescribed in the Resolution 04/2018/NQ-HDTP, there are instructions on how to write the form for divorce by mutual consent in Vietnam as follows:
Section (1): Record the type of civil matter as recognition of divorce by mutual consent, etc.
Sections (2) and (5): Enter the name of the Court competent to handle civil matters;
If it is the People's Court of a district, district, town, or provincial city, clearly state the name of the People's Court of the district, district, town, provincial city, or central-affiliated city. For example: People's Court of Thuong Tin district, Hanoi city;
If it is the People's Court of a province or central-affiliated city, write the People's Court of that province (city). For example: People's Court of Ha Nam province.
Section (3): Clearly state the full name, date of birth and ID card/citizen identification card/passport or other identification document of the requesting individual.
Section (4): Write the full address of residence and workplace (if any) of the person requesting divorce at the time of making the request.
For example: Binh An village, Phu Cuong commune, My Duc district, Hanoi city.
Section (6): Specify the contents that the petitioner requests the Court to settle.
Section (7): Clearly state the reason, purpose, and basis for requesting the Court to resolve the civil matter.
Section (8): Clearly state the full names, addresses of residence, and place of work (if any) of the people the requester finds are involved in resolving that civil matter.
Section (9): Record other information that the requester considers necessary for resolving his or her request.
Section (10): Clearly state the names of documents and evidence attached to the request, whether they are copies or originals, in order 1, 2, 3,...
For example: 1. Copy of Birth Certificate of Mr. Nguyen Van A; 2. Copy of marriage registration certificate of Mr. Tran Van B and Ms. Pham Thi C;....
Section (11): Record the location and time of making the request
For example: Hanoi, December 8, 2018; Hung Yen, February 18, 2019.
Section (12): Must have the signature or fingerprint of the person requesting the divorce.
Best regards!
