REGISTRATION FOR MARRIAGE IN FOREIGN COUNTRIES, CAN WE APPLY DIVORCE APPLICATIONS IN VIETNAMESE COURT?
Question: Hello Attorney, I have a question as follows: I’m a Vietnamese and I’ve married a Canadian in 2010 and we have registered marriage in Canada at that time. Currently, we are living in Vietnam. There is no love between us. I would like to ask if I can apply for a divorce in Vietnam?
Answer: Thank you for your trusting and submitting your question to Vu Nhu Hao & Associates. According to the law in force, we offer the following advice to you:
If you want to carry out divorce procedures in Vietnam, first of all, your marriage registration should be recognized in Vietnam. Article 36 of Decree 126/2014 / ND-CP detailing a number of articles and measures to implement the Law on Marriage and Family is stipulated as follows: “Conditions and forms of recognition of marriage of Vietnamese citizens Nam has been resolved at the competent authority of the foreign country
1. Marriages between Vietnamese citizens together or with foreigners, which have been settled at competent foreign bodies in foreign countries, shall be recognized in Vietnam if they satisfy the following conditions:
A) The marriage is in accordance with the law of the foreign country;
B) At the time of marriage, the parties shall comply with the marriage conditions of the Law on Marriage and the Family of Vietnam.
In cases, there is a breach of Vietnamese law on marriage conditions, at the time of requesting recognition of marriage, the consequences of such breach have been overcome or the recognition of the marriage is beneficial for the protection. The rights of women and children, the marriage is also recognized in Vietnam.
2. Recognition of marriage as provided for in Paragraph 1 of this Article shall be recorded in the marriage register according to the procedures specified in Article 38 of this Decree. ”
Also in this Decree, Article 37 provides the order and procedures for recording the marriage of a Vietnamese citizen in marriage registration which has been settled at a foreign competent agency in a foreign country. As follows: “1. The Department of Justice, the place where the Vietnamese citizen has registered his / her permanent residence, shall record it in the marriage register of the Vietnamese citizen who has been settled at the competent authority of the foreign country (hereinafter To write in the marriage register), record in the family book the recognition of fathers, mothers or children of Vietnamese citizens who have been settled at the competent agencies of foreign countries (hereinafter referred as the receipt books). Father, mother, child). In cases where Vietnamese citizens have no permanent residence registration but have registered their temporary residence in accordance with the provisions of the law on residence, the provincial / municipal Justice Services of the localities where Vietnamese citizens have registered their temporary residence shall perform the procedures. ”
According to these Article, you need to go to the Department of Justice where you register permanent to register your Marriage Registry. You need to present the original or copy of the marriage certificate to the civil status official of the Department of Justice, the civil status officer will check and note the civil status book. The Director of the Department of Justice will sign and give you a note of acknowledgment.
After you have completed the marriage certification process in Viet Nam, you can apply for a divorce at a court competent to handle your divorce. Then your divorce will be dealt with under Vietnamese law.