JURISDICTION FOR RESOLVING DIVORCE CASES WITH FOREIGN ELEMENTS IN VIETNAM
In the current context of globalization, international integration has become an inevitable trend. Along with international integration is the expansion of cooperative relations between our country and other countries around the world in the fields of economics, politics, society, and family relations. In recent years, the demand for marriages with foreign elements in general and divorces with foreign elements in particular has been increasing. Along with the rise of divorces with foreign elements, determining the authority to resolve divorces with foreign elements is also a matter of concern for many people. So, what is a divorce with foreign elements? Which authority has jurisdiction to handle divorces with foreign elements in Vietnam? In this article, TNTP will analyze the above issues.
1. What is a divorce with foreign elements?
The 2014 Law on Marriage and Family does not stipulate the definition of divorce with foreign elements, but there are regulations on marital relationships with foreign elements as follows: “Marriage and family relation involving foreign elements means the marriage and family relation in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for establishing, changing or terminating that relation are governed by a foreign law, or that relation arises abroad or the property related to that relation is located abroad.”
Therefore, a divorce with foreign elements can be understood as a divorce in which the litigant is a foreigner or the litigant resides abroad, specifically as follows:
– Divorce between one party is a Vietnamese citizen and the other party is a foreigner;
– Divorce between parties who are foreigners but permanently reside in Vietnam;
– Divorce between Vietnamese citizens but the basis for establishing, changing, or terminating that relationship is according to foreign law or assets related to that relationship are in foreign countries.
2. Jurisdiction for resolving divorce cases with foreign elements in Vietnam
Jurisdiction by country
According to the provisions of Article 469 of the 2015 Civil Procedure Code, Vietnamese Courts have the authority to resolve divorce cases with foreign elements where the plaintiff or defendant is a Vietnamese citizen or the litigants are foreigners residing, working, or living for a long term in Vietnam.
Note: In Article 470 of the 2015 Civil Procedure Code, Vietnamese Courts have exclusive jurisdiction over divorce cases between a Vietnamese citizen and a foreign citizen or a stateless person if both spouses reside, work or live permanently in Vietnam.
Jurisdiction by level
Clause 2, Article 123 of the 2014 Law on Marriage and Family stipulates: “The competence to settle cases and matters of marriage and family involving foreign elements at court must comply with the Civil Procedure Code.”
According to the provisions of Clause 3, Article 35 and Article 37 of the 2015 Civil Procedure Code, People’s Courts of Province has the jurisdiction to resolve divorce cases with foreign elements.
Note: For divorces between Vietnamese citizens residing in border areas and citizens of neighboring countries living in areas bordering on Vietnam, the jurisdiction to resolve divorces involving foreign elements belongs to about the People’s Court of District.
Jurisdiction by territory
According to the provisions of Article 39 and Article 40 of the 2015 Civil Procedure Code, the Court’s jurisdiction to resolve divorce involving foreign elements according to territory is determined as follows:
– In case of mutual consent: The court in the residence of the wife or husband;
– In case of unilateral divorce: The Court in the residence of the petitioner.
Above are our legal shares on determining the authority to resolve divorces with foreign elements. We hope this article is helpful to you.
TNTP & ASSOCIATES INTERNATIONAL LAW FIRM