What is an uncontested divorce in Vietnam? What are procedures for an uncontested divorce in Vietnam?
Hello Lawnet. My husband and I fell in love for 3 months and got married. Because we did not understand each other well, our married life is not as expected. Now, both of us have the intention to divorce. What are procedures for an uncontested divorce in Vietnam?
Thank you!
The rate of divorce is on the rise in today's society. The reasons for this are due to the reality of "quick love and quick marriage", disagreements, infidelity, and lack of common ground during the cohabitation process.
In terms of law, divorce is understood as the termination of the marriage relationship by the decision of the Court at the request of the wife or the husband or both spouses, canceling the legal responsibilities and responsibilities of marriage and other civil obligations. The Court is the only body responsible for issuing a judgment to terminate the marital relationship of spouses.
If both spouses agree to divorce and agree with each other, and resolve all the contents when they divorce, the court will recognize it and make a judgment in the form of a decision recognizing the consensual divorce.
As prescribed, to be determined as a divorce by mutual consent, the parties must meet all the following conditions:
- Both parties are truly willing to divorce;
- Both parties have agreed on the division of property;
- Both parties have agreed on the care, raising, caring for, and educating children on the basis of ensuring the legitimate rights of the wife and children.
The basic divorce procedure includes the following steps:
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No
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Implementation steps
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Paperwork process |
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Step 1 |
Submit a request for recognition of an uncontested divorce |
- Request for Recognition of Mutual Consent Divorce (according to the model issued together with Resolution No. 01/2017/NQ-HĐTP); - Marriage certificate (original); - Household registration book (certified copy); - ID card/passport (certified copy); - Birth certificate of children (certified copy); - Other documents and evidence proving common property. Where to file: District People's Court where the spouse or spouse resides or works. Form: File in person; submit by mail or electronically through the Court's website (if available). |
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Step 2 |
Receive and process documents |
- Within 03 working days from the date of receipt of the request and accompanying documents and evidence, the Chief Justice assigns a Judge to resolve the request. In case the petition does not fully state the content as prescribed in Clause 2, Article 362 of the 2015 Civil Procedure Code, then: - The judge requests the requester to make amendments and supplements within 07 days from the date of receipt of the request. At the end of the prescribed time limit, if the requester does not amend or supplement the request => The judge returns the request and accompanying documents and evidence. - If the request and accompanying documents and evidence are considered eligible for acceptance => Judge: + Notify the person requesting the fee payment within 05 working days from the date of receipt of the fee payment notice, unless that person is exempted or does not have to pay the fee according to regulations. + The Court accepts the request when the requester submits to the Court a receipt for the fee for resolving the civil matter; In case the requester is exempted or does not have to pay the fee, the Judge will accept the civil matter from the date of receipt of the request. Within 03 working days from the date of acceptance, the Court shall notify the request in writing to accept the request and the person with rights and obligations related to the resolution of the request to recognize an uncontested divorce. At the same time, send it to the Procuracy at the same level. |
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Step 3 |
The court is preparing to consider the request |
The time limit for preparing to consider a request is 01 month from the date of acceptance. When deemed necessary, the Judge may consult with the state management agency on families and the state management agency on children about family circumstances, causes of conflicts and the wishes of the child. husband, wife, and children involved in the case. |
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Step 4 |
Reconcile |
The judge explains the rights and obligations between husband and wife, between father, mother and children, between other family members, alimony responsibilities and other issues related to marriage and family (except for some cases where conciliation cannot be conducted or conciliation cannot be conducted according to regulations). |
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Step 5 |
Make decision |
- Case 1: After mediation, the husband and wife reunite => The judge issues a decision to suspend the resolution of their request. - Case 2: Reunification mediation fails => The judge issues a decision to recognize the divorce by mutual consent and the agreement of the parties when all the following conditions are met: + Both parties truly voluntarily divorce; + The two parties have reached an agreement on dividing or not dividing common property, looking after, raising, caring for, and educating the child; + The agreement must ensure the legitimate rights of the wife and children. - Case 3: Reunification mediation fails and the litigants cannot agree on property division, custody, upbringing, care, and education of children => Court suspends resolution of civil matter on recognition agree to divorce, agree to raise children, divide assets upon divorce and accept the divorce case to resolve. |
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Fees: Based on the List of court fees and court fees issued with Resolution 326/2016/UBTVQH14, the first instance civil fee for marriage and family is 300,000 VND. The two parties can agree on this fee. If no agreement can be reached, each party must pay 50% of the fee (150,000 VND). |
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