1. Divorce Documentation

The documentation required for unilateral and mutual consent divorces differs as follows:

1.1. Unilateral Divorce Documentation

- Application (Clause 1, Article 189 of the 2015 Civil Procedure Code).

- Documents and evidence proving the infringement of the legitimate rights and interests of the plaintiff (Clause 1, Article 189 of the 2015 Civil Procedure Code).

- Original marriage certificate.

- One of the following documents proving residency information:

+ Citizen ID card or Identity card.

+ Residency confirmation document.

+ Notification of personal identification number and citizen information from the National Population Database.

- A copy of the ID card or Citizen ID card of both spouses.

- Documents proving joint property (if there is property to be divided).

- A copy of the child's birth certificate (if there are children).

1.2. Mutual Consent Divorce Documentation

- Application (Clause 1, Article 396 of the 2015 Civil Procedure Code).

- Documents and evidence proving the legitimacy and basis of the mutual consent divorce agreement, child custody, and property division (Clause 3, Article 396 of the 2015 Civil Procedure Code).

- Original marriage certificate.

- One of the following documents proving residency information:

+ Citizen ID card or Identity card.

+ Residency confirmation document.

+ Notification of personal identification number and citizen information from the National Population Database.

- A copy of the ID card or Citizen ID card of both spouses.

- Documents proving joint property (if there is property to be divided).

- A copy of the child's birth certificate (if there are children).

2. Where to Submit the Divorce Application

* Unilateral Divorce:

- If there are no foreign elements:

+ Submit the application to the People’s Court of the district where the applicant resides or works if both parties agree.

+ Submit the application to the People's Court of the district where the other party resides or works if there is no agreement between the parties.

(Points a, b Clause 1, Clause 2, Clause 3 Article 35; Points a, b Clause 1 Article 39 of the 2015 Civil Procedure Code)

- If there are foreign elements:

+ Submit the application to the People's Court of the province where the applicant resides or works if both parties agree.

+ Submit the application to the People's Court of the province where the other party resides or works if there is no agreement between the parties.

(Points a, b Clause 1 Article 37, Clause 3 Article 35; Points a, b Clause 1 Article 39 of the 2015 Civil Procedure Code)

Note: In cases of divorce between Vietnamese citizens residing in border areas and citizens of neighboring countries also residing in border areas, applications should be submitted to the People's Court of the district where the Vietnamese citizen resides.

Mutual Consent Divorce:

- If one spouse is abroad or requires judicial assistance abroad, submit the application to the provincial People's Court where the spouse resides or works.

- If both spouses are in Vietnam and do not require judicial assistance abroad, submit the application to the district People's Court where one spouse resides or works.

- If one spouse is a citizen of a country sharing a border with Vietnam (such as Laos, Cambodia, China, etc.), submit the application to the district People's Court where the Vietnamese spouse resides or works.

3. Conditions for Divorce

3.1. Conditions for Mutual Consent Divorce

If both spouses request a divorce, the court will recognize the mutual consent divorce if the following conditions are met:

- Both parties genuinely agree to the divorce.

- They have reached an agreement on property division, child custody, and care, ensuring the legitimate rights of the wife and child are upheld.

If no agreement can be reached, or if the agreement does not protect the legitimate rights of the wife and child, the court will resolve the divorce.

(Article 55 of the 2014 Marriage and Family Law)

3.2. Conditions for Unilateral Divorce

If one spouse requests a divorce, the court will grant the divorce if the following conditions are met:

• Mediation at the court fails.
• There is evidence of domestic violence or serious violations of the rights and obligations of either spouse, resulting in a serious deterioration of the marriage, making continued cohabitation impossible, and the purpose of marriage unachievable.

Note on Special Cases:

• If a spouse of a person declared missing requests a divorce, the court will grant the divorce.
• If there is a divorce request from the parent, relatives, or other individuals on behalf of a spouse suffering from mental illness or other disorders that impair their ability to comprehend or control their actions, the court will grant the divorce if there is evidence of domestic violence significantly affecting the life, health, or mental state of the other spouse.

(Article 56 of the 2014 Marriage and Family Law)

This article is for reference only and is not intended to be used as advice. If you need advice, please contact us via email: info@barrso.com