Vietnam: Application form for divorce in 2023

Vietnam: Application form for divorce in 2023 (Internet image)

1. What is a divorce?

According to Clause 14, Article 3 of the Law on Marriage and Family 2014, divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision.

2. Application form for divorce in 2023

- The application form for an consented divorce in 2023 is the form No. 01-VDS (Application for settlement of civil matters) issued together with Resolution 04/2018/NQ-HDTP (amending Resolution 01/2017/NQ-HDTP).

Application form for contested divorce in 2023

- The application form for unilateral divorce in 2023 is the form No. 23-DS (Claim application) issued together with Resolution 01/2017/NQ-HDTP.

Application form for unilateral divorce in 2023

3. The right to request settlement of divorce in Vietnam

- Husband or wife or both has or have the right to request a court to settle their divorce.

- A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.

- A husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

(Article 51 of the Law on Marriage and Family 2014)

4. Principles of settlement of property of husband and wife upon divorce in Vietnam

- The settlement of property shall be agreed upon by the concerned parties in case of applying the statutory matrimonial property regime. If they fail to reach agreement thereon, at the request of a spouse or both, a court shall settle it according to Clauses 2, 3, 4 and 5 of Article 59 and Articles 60, 61, 62, 63 and 64 of the Law on Marriage and Family 2014.

In case of applying the agreed matrimonial property regime, the settlement of property upon divorce must comply with such agreement. In case the agreement is insufficient or unclear, the settlement must comply with corresponding provisions of Clauses 2, 3, 4 and 5 of Article 59 and Articles 60, 61, 62, 63 and 64 of the Law on Marriage and Family 2014.

- Common property shall be divided into two, taking into account the following factors:

+ Circumstances of the family, husband and wife;

+ Each spouse’s contributions to the creation, maintenance and development of common property. The housework done in the family by a spouse shall be regarded as income-generating labor;

+ Protecting the legitimate interests of each spouse in their production, business and career activities to create conditions for them to continue working to generate incomes;

+ Each spouse’s faults in the infringement of spousal rights and obligations.

- Common property of husband and wife shall be divided in kind, if impossible to be divided in kind, common property shall be divided based on its value. The partner who receives the property in kind with a value bigger than the portion he/she is entitled to receive shall pay the value difference to the other.

- Separate property of a spouse shall be under his/her ownership, except for separate property already merged into common property in accordance with this Law.

A spouse who requests division of separate property which has been merged into or mixed with common property shall be paid for the value of his/her property contributed to common property, unless otherwise agreed by husband and wife.

- The lawful rights and interests of the wife, minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves shall be protected.

- The Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Supreme People’s Procuracy and the Ministry of Justice in, guiding Article 59 of the Law on Marriage and Family 2014.

(Article 59 of the Law on Marriage and Family 2014)

Nguyen Thi Diem My

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