Getting divorced in Vietnam as a foreigner requires careful preparation and proper documentation. This comprehensive guide will walk you through all the essential documents needed for an international divorce in Vietnam, ensuring a smoother legal process.
Basic Requirements
Personal Identification Documents
To initiate the divorce process in Vietnam, you must first prepare these fundamental identification documents:
- Valid passport or valid substitute paper
- Submission of divorce petition in Vietnamese (mutual consent divorce: the petition for the recognition be signed by both spouses/unilateral divorce: a divorce lawsuit petition must be prepared)
- The original marriage certificate and its certified Vietnamese translation are attached. If the marriage certificate is lost, a certified copy issued by the competent state authority must be submitted, and the details must be stated in the lawsuit petition
- Residence documentation: Vietnamese visa or residence card
- Property ownership papers and common debt papers (if applicable)
- Child-related documents (if applicable)
- Evidence proving the agreement on divorce, child custody, and division of joint property between the spouses is valid and legal (if divorce by mutual consent)
- Evidence supporting divorce grounds (if divorce is requested by one spouse)
Marriage Certificate Requirements
Your marriage documentation must meet these specific criteria (Article 2.3 Decree 123/2015/NĐ-CP):
- Original marriage certificate from the country where the marriage was registered
- Certified Vietnamese translation of the marriage certificate
- Authentication or apostille from relevant authorities
Residency Proof Documents
Establishing your residency status in Vietnam requires (Article 1.1 Decree 111/2013/TT-BTC):
- Temporary residence card or visa documentation
- Proof of address (rental agreement or property ownership documents)
- Local police registration papers
Residence documentation is required to establish legal grounds for processing a divorce under Vietnamese law, ensuring that the Vietnamese courts have jurisdiction over the case and that all legal procedures are followed correctly.
Specific Documentation for International Divorce
Required Translations and Certifications
All foreign documents must be properly processed with the following (Article 2.3 of Decree No. 123/2015/ND-CP):
- Certified translations into Vietnamese by authorized translators: the notary certifies the accuracy of the translation, confirming that it faithfully represents the original document’s content.
- Notarization of translated documents: notarization is a process that ensures that the translations are legally recognized under Vietnamese law.
- Authentication from relevant Vietnamese authorities: authentication ensures the documents’ legal recognition, prevents fraud, and facilitates their use in official processes within Vietnam.
Country-Specific Requirements
Additional documentation may be required based on your nationality:
- Single status certificate from your home country (if applicable): To confirm that you were not previously married or that you are legally free to marry.
- Legal capacity certificate: This certifies that both parties are legally capable of entering into a marriage.
- Embassy verification of documents: Many countries require embassy verification (or authentication) of foreign documents, such as marriage certificates or divorce papers, to ensure they are legally recognized in the respective jurisdictions.
Legal Process Documentation
Court Submission Requirements
For the court proceedings, you’ll need:
- Divorce petition (in Vietnamese): This is the formal request to initiate the divorce process in court (for a mutual consent divorce: the petition for the recognition be signed by both spouses/for a unilateral divorce: a divorce lawsuit petition must be prepared). It provides the necessary legal framework for the court to begin the proceedings, ensuring the divorce is officially recognized.
- Statement of reasons for divorce: Vietnamese law requires you to provide specific reasons for seeking a divorce (whether it is a voluntary divorce or a divorce at the request of one spouse). This helps the court determine whether the divorce is legally justified based on the grounds outlined in the Law on Marriage and Family. It ensures that the divorce is not arbitrary and that the court understands the circumstances leading to the dissolution of the marriage.
- Evidence supporting divorce grounds (if applicable): If you’re filing for divorce based on specific reasons (such as infidelity, abuse, or abandonment), you need to provide evidence to support your claims. This is crucial because it helps the court assess the validity of your reasons for divorce and may affect decisions related to child custody, division of property, and alimony.
To learn more about the divorce procedure for foreign marriage in Vietnam, please refer to this article: Complete Guide to Divorce Procedures for Foreigners in Vietnam (2024)
Financial Documentation
Prepare these financial documents:
- Income statements or tax returns
- Property ownership certificates
- Joint bank account statements
- Asset valuation reports (if required)
- Complete inventory of joint assets
- Proposed property division agreement
These financial documents provide the necessary information for the court to accurately assess the value of assets and determine how they should be divided between the spouses. Additionally, the documents help in calculating appropriate spousal and child support based on the financial situation of both parties. They also assist in resolving any marital debts, ensuring that both spouses share the responsibility equitably. (Article 59, 60, 82.2, 110 Law on Marriage and Family)
Special Circumstances Documentation
Child Custody Documentation
If children are involved, additional documents include:
- Children’s birth certificates
- School records and vaccination history
- Proposed custody arrangement documents
- Children’s passports and visa information
Child custody documentation ensures that the child’s welfare is protected, and both parents understand their rights and responsibilities after the divorce. (Article 81-84, 110 Law on Marriage and Family)
Document Verification Process
Before submitting your documents, ensure they go through proper verification (Article 2.3 Decree 123/2015/NĐ-CP):
- Notarization by licensed Vietnamese notaries: This ensures that the divorce documents are legally valid and authentic in Vietnam.
- Authentication by relevant government departments: Authentication ensures that the documents comply with Vietnamese law and confirms that they are legally recognized.
- Embassy certification when required: Embassy certification is often required to confirm that the documents are legally valid and recognized in the country where the divorce is taking place.
Common Mistakes to Avoid
Be aware of these frequent documentation errors:
- Submitting expired documents: Expired documents may be considered invalid, and the court or authorities may refuse to accept them, causing delays in the divorce process.
- Using unofficial translations: Official documents in foreign languages must be translated into Vietnamese by a certified translator. Unofficial translations may be inaccurate, incomplete, or not recognized by the court, leading to misunderstandings or rejections.
- Missing authentication stamps: Documents, especially foreign ones, must be authenticated by relevant government authorities or embassies. Missing authentication stamps means the documents may not be legally recognized, resulting in complications during the divorce process.
- Incomplete document sets: Missing required documents can halt the divorce procedure, as the court will not proceed until all necessary documentation is provided. This can lead to significant delays and additional legal requirements.
Timeline and Costs
The divorce process typically involves:
- Associated costs vary based on document complexity
- Court fees (Resolution 326/2016/UBTVQH14):
- 300,000 VND in cases where there is no disputed property between the parties.
- If there is disputed property, the court fees are determined based on the total value of the disputed assets between the parties, according to the levels specified in the List of Court Fees and Charges.
Understanding the practical aspects of document preparation:
- Document collection typically takes 2-3 months
- Translation and certification process: 2-4 weeks
- Court processing time: (Articles 190-196, 210, 212, 220 and 266 Civil Procedure Code)
- Approximately 03 to 04 months for an uncontested divorce
- 04 to 06 months for a contested divorce starting from the date the court accepts the petition
Conclusion
Proper documentation is crucial for a successful international divorce in Vietnam. While the process may seem overwhelming, careful preparation and attention to detail will help ensure a smoother legal procedure. Consider working with a qualified legal professional to guide you through the process and verify all documentation requirements are met.
Important Note: Document requirements may vary based on specific circumstances and recent legal changes. Always consult with a qualified legal professional for the most current requirements and guidance specific to your situation.
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