LEGAL ADVICE ON MARRIAGE INVOLVING FOREIGN ELEMENTS
As a reputable law firm in Ho Chi Minh City, we have a team of professional lawyers who are well aware of Law on Marriage and Family and the Civil Code to help customers with marriage involving foreign elements proceedings.
The conditions for the registration of marriage in Vietnam are:
1. Vietnamese citizens and foreign citizens, when complying with the law, shall be complying with the conditions for getting married
2. Male and female partners shall provide full dossiers and papers according to the provisions of law;
3. Voluntary, progressive marriage, not in cases of marriage ban.
Marriage involving foreign elements
1. For marriages between Vietnamese citizens and foreigners, each party shall comply with his/her country’s law on marriage conditions; if their marriage is conducted at a competent Vietnamese state agency, the foreigner shall also comply with the Vietnam Law on Marriage and Family’s provisions on marriage conditions.
2. Marriages between foreigners permanently residing in Vietnam at competent Vietnamese agencies must comply with the Vietnam Law on Marriage and Family’s provisions on marriage conditions.
– Regarding the marriage registration dossier:
Article 20 of Decree 126/2014 / ND-CP stipulates that marriage registration dossiers include:
1. Marriage registration declaration (made according to a form issued together with Circular No. 15/2015 / TT-BTP guiding civil status and Decree No. 123/2015 / ND-CP).
2. The marriage certificate or marriage registration declaration certifying the marital status; Papers proving the marital status of the foreigner or affirming that the person is not married or married. The validity of the marital status certificate, the document proving the marital status is no longer than 6 months up to the time of filing.
3. A certificate issued by a competent Vietnamese or foreign health organization not exceeding 6 months, up to the date of receipt of the dossier, certifying that the person does not suffer from mental illness or other illness without being able to receive can control their behaviour.
4. A copy of household registration book or temporary residence book (for Vietnamese citizens residing in the country), permanent residence card or temporary residence card or temporary residence certificate (for foreigners permanently residing or staying in Vietnam Male marriage).
In special cases, foreigner must provide documentation as stipulated in Point c, Clause 2, Article 20 of Decree No. 126 / ND-CP.
* For foreigners not permanently residing in Vietnam, there must also be written certifications that such persons meet all the marriage conditions granted by the competent agencies of the countries they are citizens of, except for cases of law. that country does not issue this certificate.
Foreign language papers should be translated, notarized or consularized in accordance with Article 124 of the Law on Marriage and Family (as applicable), except where they are exempted from consular legalization under international treaties the Socialist Republic of Vietnam is a member or on the principle of reciprocity.
CONSULTING LAWYERS OF DIVORCE PROCEDURES FOR FOREIGNERS/ DIVORCE INVOLVING FOREIGN ELEMENTS IN VIETNAM
As a prestigious law office in Ho Chi Minh City, we will consult on divorce proceedings especially in the case of joint property disputes between husband and wife, guide customers on how to identify the property is common property or seperate property. Advise and support clients who want to get custody of their children when divorced.
Quick divorce services include:
* Procedures for divorce involving foreign elements;
* Procedures for divorce an overseas Vietnamese;
* Divorce at the request of one spouse (involving foreign elements);
* Guide to quick divorce proceedings in HCMC.
In particular, we will appoint professional lawyers with practical experiences to support and protect the interests of customers in the settlement of land disputes when divorcing.
We consult on divorce proceedings at the Court and provide a divorce application form, divorce by mutual consent application form, divorce at the request of one spouse application form
Divorce involving foreign elements (comply with the Law No.52/2014/QH13 on Marriage and Family)
1. Divorce between a Vietnamese citizen and a foreigner or between two foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency in accordance with this Law.
2. In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law shall apply.
3. The settlement of a divorced couple’s immovables in a foreign country must comply with the law of the country where such immovables are located.
Documents for divorce:
* Application for divorce (form). If two persons agree to divorce, their divorce papers must be certified by local administrations or Vietnamese embassies in foreign countries;
* Copy of ID card (Passport); Household registration (with duplicate copy);
* The original of the marriage certificate (if any), in case of loss of the original of the marriage certificate, the certified true copy of the marriage certificate must be submitted by the competent State agency, but must be clearly stated in the sue application;
* Copy of birth certificate of child(ren) (if any);
* Copies of receipts and documents on property ownership (if any);
* If the two parties are married in Vietnam, then the spouse leaves the country (cannot find the address), the local authorities must certify that a party has left the country and his / her name was in household registration book.
* If both parties register marriage under the law of foreign countries seeking divorce in Vietnam, the marriage certificate (or marriage registration) must be consularized and they must make a note in the registration book of the Department of Justice before submitting the application for divorce.
In cases the parties did not make a note but still want to divorce, the reasons for not writing the note (of marriage) must be clearly stated in the divorce application.
The People’s Court is the competent authority to settle the divorce. Specifically, the court resolves the divorce according to the order of divorce settlement as follows: Step 1 – Filing; Step 2 – accept the case; Step 3 – Reconcile; Step 4 – First instance trial.
Time for divorce settlement:
* Time limit for trial preparation: 04 to 06 months from the date of acceptance of the case.
* Time limit for opening a trial: 01 to 02 months from the date of the decision to bring the case to trial.
As a reputable law firm in HCMC, we have experienced many divorce cases. We realize that the above time is the time limit for settling divorce in accordance with the law, however, depending on the specific case, the real time for settlement a divorce can be much faster or slower than regulation.
LL.M. Attorney Pham Thi Nhan
Address: Room 502, Floor 5th, 43 Le Thi Hong Gam St., District 1, HCMC