What is the latest template of Mutual Divorce Application Form in 2024 in Vietnam? How to fill in this form?
What is the latest template of Mutual Divorce Application Form in 2024 in Vietnam? How to fill in this form?
Based on Form No. 01-VDS issued along with Resolution 04/2018/NQ-HDTP, the latest template of Mutual Divorce Application Form is specified as follows:
Download the latest template of Mutual Divorce Application Form in Vietnam
Resolution 04/2018/NQ-HDTP provides guidance on how to fill in the Mutual Divorce Application Form as follows:
Section (1): Specify the type of civil matter as the recognition of mutual divorce, etc.
Sections (2) and (5): Clearly state the name of the court competent to resolve the mutual divorce, which is the district-level People's Court where either the wife or husband resides or works, as agreed by the couple.
- If either the wife or husband is abroad or judicial entrustment is required abroad, the petition should be submitted to the provincial-level People's Court where the wife or husband resides or works.
If it is a district-level People's Court of a province or centrally-run city, specify which district people's court. Example: Binh Chanh District People's Court, Ho Chi Minh City;
If it is a provincial-level People's Court or centrally-run city, then specify that provincial (city) people's court. Example: Binh Duong Provincial People's Court.
Section (3): Clearly state the full name, date of birth, and identity card number/citizen identification/passport or other personal identification documents of the individual requesting.
Section (4): Provide the full address of the residence and workplace (if any) of the individual requesting the mutual divorce at the time of the petition.
Example: 401 Cach Mang Thang 8, Ward 13, District 10, Ho Chi Minh City.
Section (6): Specify in detail the issues that the petitioner requests the Court to resolve such as marital relationship, joint property, joint children, joint debts.
Section (7): Clearly state the reasons, objectives, and basis for requesting the Court to resolve the civil matter.
Section (8): Clearly state the names and addresses of residence, workplace (if any) of those whom the petitioner considers to be related to the resolution of the civil matter.
Section (9): Record other information that the applicant deems necessary for resolving their request.
Section (10): Clearly state the names of documents and evidence accompanying the petition, whether they are copies or originals, in order: 1, 2, 3,…
Example:
- Marriage certificate (Original);
- Identity Card/Citizen ID/Passport;
- Household registration book of the couple;
- Notarized copy of children's birth certificates if there are joint children;
- Documents related to proving assets upon division of joint property such as copies of land use right certificates, vehicle registration of cars, motorcycles, etc.
If the couple shares joint debts, related documents like Loan Agreement; Loan Contract; Mortgage, Pledge Contract... must be included.
Section (11): State the location and date of preparing the petition
Example: Ho Chi Minh City, September 07, 2024
Section (12): Must have the signature or fingerprint of the petitioner for divorce.
What is the latest template of Mutual Divorce Application Form in 2024 in Vietnam? How to fill in this form? (Image from Internet)
Who has the right to request divorce proceedings in Vietnam?
Based on Article 51 of the Law on Marriage and Family 2014 specifying the right to request divorce resolution:
Article 51. Right to request divorce resolution
- The wife, husband, or both parties have the right to request the Court to resolve the divorce.
- Parents, or other relatives have the right to request the Court to resolve the divorce when either the wife or husband suffers from a mental or other illness that renders them incapable of perceiving, controlling their behavior, and is also a victim of domestic violence caused by their spouse affecting their life, health, and spirit seriously.
- The husband does not have the right to request a divorce in cases where the wife is pregnant, giving birth, or nursing a child under 12 months old.
According to the above regulations, those with the right to request a divorce resolution, include:
- Wife or husband or both;
- Parents, or other relatives with the right to request the Court to resolve the divorce when one spouse suffers from a mental or other illness that makes them incapable of perceiving or controlling their behavior and is also a victim of domestic violence caused by the other spouse, seriously affecting their life, health, and spirit.
Note: The husband does not have the right to request a divorce when the wife is pregnant, giving birth, or nursing a child under 12 months old.
What is the divorce court fee in Vietnam?
Based on Article 6 of the Resolution 326/2016/UBTVQH14 specifying court fees and charges:
Article 6. Court fees and charges
- The level of court fees and charges is specified in the Table of court fees and charges issued with this Resolution.
- For cases resolving disputes on civil, marriage and family, business, commerce, labor, and administrative cases resolved by summary procedure, the fee level is 50% of the fee prescribed in Section A of the Table of court fees and charges issued with this Resolution.
The divorce fee is specified as follows:
[1] First-instance civil court fee
- For disputes on civil, marriage and family, labor with no value: 300,000 VND
- For disputes on civil, marriage and family with value:
+ Up to 6,000,000 VND: 300,000 VND
+ From over 6,000,000 VND to 400,000,000 VND: 5% of the disputed asset value
+ From over 400,000,000 VND to 800,000,000 VND: 20,000,000 VND + 4% of the value of the disputed assets exceeding 400,000,000 VND
+ From over 800,000,000 VND to 2,000,000,000 VND: 36,000,000 VND + 3% of the value of the disputed assets exceeding 800,000,000 VND
+ From over 2,000,000,000 VND to 4,000,000,000 VND: 72,000,000 VND + 2% of the value of the disputed assets exceeding 2,000,000,000 VND
+ From over 4,000,000,000 VND: 112,000,000 VND + 0.1% of the value of the disputed assets exceeding 4,000,000,000 VND.
[2] Appellate civil court fee
- For disputes on civil, marriage and family, labor: 300,000 VND
