Divorce Procedures Involving Foreign Elements with Property Disputes in Vietnam
In today’s globalized world, an increasing number of couples with foreign elements get married and reside in Vietnam. However, not all marriages endure. When a divorce occurs—especially one involving property disputes—it is crucial to follow the correct procedures under Vietnamese law to safeguard the rights of both parties.
This article outlines the divorce procedures involving foreign elements with property disputes in Vietnam, including the necessary steps, current legal regulations, common challenges, and key considerations.
1. What is a divorce involving foreign elements?
A divorce involving foreign elements refers to cases where at least one spouse is a foreigner or a Vietnamese citizen residing overseas. It can also include situations where both parties are foreigners but reside in Vietnam.
In such cases, the People’s Court at the provincial level in Vietnam has jurisdiction if one of the spouses resides or owns property in Vietnam. If the respondent's place of residence or property cannot be determined, judicial entrustment procedures are initiated to notify and summon them in accordance with international procedures.
2. Legal regulations governing divorces with foreign elements in Vietnam
Divorces involving foreign elements in Vietnam are governed by the following legal documents:
Law on Marriage and Family 2014, especially Article 127 regarding foreign-element divorces.
Civil Procedure Code 2015, which outlines the court’s jurisdiction and procedural steps.
Law on Vietnamese Nationality, Law on Entry, Exit, and other residency and nationality-related documents.
International treaties to which Vietnam is a signatory, especially in cases involving property or documents abroad.
Identifying the correct applicable law is crucial to avoid delays or rejection of the case due to jurisdictional issues.
3. Divorce procedures involving foreign elements with property disputes in Vietnam
3.1. Preparing the divorce dossier
The divorce dossier involving foreign elements should include:
Divorce petition (mutual or unilateral).
Original marriage certificate. If issued abroad, it must be legalized, translated into Vietnamese, and registered with the Department of Justice in Vietnam.
Birth certificates of any shared children.
Passports and identification documents (ID cards) of both spouses.
Documents proving ownership of shared or disputed property.
Documents showing the foreign party’s current residency status (in Vietnam or overseas).
If one party resides abroad and cannot return to Vietnam, a valid power of attorney is required for a representative to act on their behalf.
3.2. Determining the court’s jurisdiction
The provincial-level People’s Court where the respondent resides or where the disputed property is located will have jurisdiction. If the respondent is a foreign national no longer residing in Vietnam, judicial entrustment must be conducted to legally summon them under international rules.
In cases involving real estate disputes in Vietnam, the court where the property is located will have jurisdiction over that aspect of the case.
3.3. Acceptance of the case and notifying the involved parties
After receiving the complete dossier, the court will review and accept the case. If one party resides abroad, the court will send notices and related documents through judicial entrustment. This process may prolong the resolution timeline due to dependency on foreign authorities.
If no response is received within the designated timeframe, the court may proceed to trial in absentia if there is sufficient evidence.
3.4. Mediation and trial
The court must conduct mediation before proceeding to trial. However, if one party is intentionally absent, uncooperative, or in cases of unilateral divorce, the court may proceed with the hearing.
Disputed property will be carefully reviewed based on:
Origin of the property: whether it is shared or separate.
Contributions made by each party.
Rights and responsibilities toward shared children (if any).
Any prior agreements between the parties, if documented properly.
4. Important notes regarding property disputes in foreign-element divorces
4.1. Property located in Vietnam
Vietnamese courts have jurisdiction over real and personal property located in Vietnam. If the property was acquired during the marriage, it is typically considered joint property unless proven otherwise.
Division of property will follow principles of fairness, considering contributions, fault, and post-divorce circumstances.
4.2. Property located overseas
Vietnamese courts do not have jurisdiction over real estate located abroad. In such cases, the concerned party must file a separate lawsuit in the country where the property is located or request the foreign court to recognize and enforce the Vietnamese court's judgment, if permissible.
4.3. Evidence of property
Providing evidence of property ownership is mandatory when requesting division. For property in Vietnam, this includes land use right certificates, purchase contracts, transaction documents, income declarations, etc., submitted in original or certified copy form.
For overseas assets, the claimant must provide documents that are legalized and translated in accordance with Vietnamese regulations to serve as valid evidence.
5. Court fees and processing time
The standard court fee for a divorce case without property disputes is approximately 300,000 VND. In cases involving property disputes, the fee is calculated based on the value of the disputed property following the current fee schedule.
Divorces involving foreign elements generally take longer than domestic cases, ranging from 4 to 12 months, depending on:
Document verification and overseas address confirmation.
Judicial entrustment procedures.
Complexity of the property dispute.
Cooperation between the involved parties.
Conclusion
Divorces involving foreign elements and property disputes in Vietnam require a clear understanding of current legal provisions, meticulous preparation of documents, and the right strategy.
If you or someone you know is undergoing a divorce involving foreign elements in Vietnam, it is highly advisable to seek assistance from a legal team experienced in international family law and litigation. Doing so will ensure your rights are protected, avoid procedural delays, and minimize potential financial losses.
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