New guidance on divorce in Vietnam as of July 1, 2024

New guidance on divorce in Vietnam as of July 1, 2024 (Internet image) 

Regarding this matter, LawNet would like to answer as follows:  

1. New guidance on divorce by mutual consent in Vietnam as of July 1, 2024

According to Article 3 of Resolution 01/2024/NQ-HDTP, the Supreme People's Court provides guidance on divorce by mutual consent stipulated in Article 55 of the Law on Marriage and Family 2014 as follows:

- "Husband and wife jointly request divorce" stipulated in Article 55 of the 2014 Law on Marriage and Family is the case where the husband and wife jointly sign a petition for recognition of consensual divorce, agree on child custody, and divide property upon divorce or one party files a divorce lawsuit, while the other party agrees to divorce, agrees on child custody, and divides property upon divorce.

- The agreement between husband and wife on the division of property, the care, upbringing, care and education of children must not violate the prohibitions of the law and must not be contrary to social morality.

- The agreement between husband and wife on the division of property includes cases where the husband and wife do not request the Court to resolve the division of property.

- “The care, upbringing, care and education of children” stipulated in Article 55 of the 2014 Law on Marriage and Family is the care, upbringing, care and education of minor children, adult children who have lost their civil act capacity or are unable to work and have no property to support themselves.

2. New guidance on divorce at the request of one spouse in Vietnam as of July 1, 2024

The Supreme People's Court provides guidance on divorce at the request of one spouse specified in Clause 1, Article 56 of the Law on Marriage and Family 2014 as follows:

- "A spouse commits domestic violence acts" refers to a spouse engaging in any act as defined in Clause 1 of Article 3 of the Law on Prevention and Control of Domestic Violence 2022.

- "Seriously infringes upon spousal rights and obligations’ refers to a violation against the Law on Marriage and Family 2014 regarding the rights and obligations of spouses that seriously infringes upon the rights and legitimate interests of the other spouse.

For example: A spouse dissipates the family's property.

- "seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable" refers to one of the following cases:

+ Absence of marital affection, for example: Spouses do not love, respect, care for, or support each other; spouses live separately and neglect each other;

+ Spouses have an adulterous relationship;

+ Spouses insult each other, harm each other's honor, dignity, reputation, mental loss or cause injury or damage to each other's health;

+ Inequality of rights and obligations between spouses; failure to respect each other's freedom of belief and religion; failure to assist and support personal development.

(Article 4 of Resolution 01/2024/NQ-HDTP)

Nguyen Ngoc Que Anh

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