Resolution of Absent Divorce in Vietnam

Is it possible to get a divorce in absentia in Vietnam? What is the procedure? This is a question that many clients have posed to LHB Law Firm. Resolving a divorce in absentia not only requires strict compliance with legal regulations but also demands sensitivity in protecting the rights of the other party. This article by LHB Law Firm provides an overview of the procedure and key considerations when handling a divorce in absentia, helping clients better understand their rights and obligations in this special circumstance.. Clients in need of consultation are kindly requested to contact us LHB Law Firm at Hotline: +84.969.088.118 (Zalo).

MỤC LỤC

1 What is divorce in absentia?
2 Ở Việt Nam có được ly hôn vắng mặt không?
3 Common Cases of Divorce in Absentia in Vietnam.
4 Lawyer Support for In Absentia Divorce Procedures in Vietnam

What is divorce in absentia?

According to Clause 14, Article 3 of the Law on Marriage and Family 2014:

Divorce refers to the termination of the marital relationship under a legally effective judgment or decision of the Court.

Divorce is the legal termination of a lawful marital relationship between husband and wife as determined by a court’s judgment or decision. This is a legal procedure carried out when spouses can no longer continue their marital life together or have irreconcilable conflicts, leading to the desire to end the marriage.

Currently, there are two forms of divorce: consensual divorce and unilateral divorce.

Consensual Divorce

This occurs when both spouses agree to divorce after voluntarily reaching agreements on issues such as child custody, alimony, division of joint property, and other obligations.
The court will review and issue a divorce decision if it finds that the agreement between both parties is lawful and does not adversely affect the rights of the parties involved, particularly the children.

Unilateral Divorce

This happens when only one spouse wishes to divorce without the consent of the other. The spouse requesting a unilateral divorce must provide evidence proving that the marriage can no longer be maintained, such as prolonged conflicts, domestic violence, infidelity, or neglect by one party.
The court will examine, analyze the marital situation, and decide whether to accept the divorce request based on legal provisions and the rights of the parties, especially the children (if any).

Divorce in Absentia

This refers to cases where one party in the marriage is not physically present at the trial or during the divorce proceedings. Common reasons for divorce in absentia include:

One party does not participate in mediation sessions or court hearings to resolve the divorce;
One party has left their residence;
One party is missing and cannot be contacted;
One party is unable to participate in the proceedings due to illness or other health issues.

Clients seeking consultation on divorce in absentia in Vietnam are kindly requested to contact us: LHB Law Firm at Hotline: +84.969.088.118 (Zalo).

Ở Việt Nam có được ly hôn vắng mặt không?

Theo quy định của pháp luật Việt Nam. Việc ly hôn vắng mặt là hoàn toàn được phép . Nếu đáp ứng được những quy định sau:

Article 238. Procedure for Trial in Absentia of All Participants in the Lawsuit

1.The court shall base its decision on the documents and evidence in the case file to conduct a trial in absentia for the parties and other participants in the litigation, in accordance with the law, when the following conditions are met:

a) The plaintiff or their legal representative submits a request for the trial to proceed in absentia;

b) The defendant, the person with related rights and obligations, or their legal representative submits a request for the trial to proceed in absentia, or has been duly summoned for the second time but remains absent;

c) The person defending the legal rights and interests of the plaintiff, defendant, or the person with related rights and obligations submits a request for the trial to proceed in absentia, or has been duly summoned for the second time but remains absent.

Article 477. Handling the Result of Serving Court Documents to Parties Abroad and the Request for Foreign Authorities to Collect Evidence

5. The court may conduct a trial in absentia for a party residing abroad in the following cases:

a) The court has received the result of service through one of the methods specified in Clause 1, Article 474 of this Code, the party has provided complete testimony, documents, and evidence, and the party requests the court to proceed with the trial in their absence.

Typically, in divorce cases where one party is a foreign national or a Vietnamese citizen living and working abroad, it is often difficult for them to attend court hearings as scheduled. As a result, the law provides for the possibility of the parties being absent during the proceedings, allowing them to participate in the process despite their inability to be present in person.

Common Cases of Divorce in Absentia in Vietnam.

Unilateral Divorce in Absentia

In the case of unilateral divorce, if one party (either the husband or the wife) fails to appear despite being duly summoned by the court for the second time, the court has the right to proceed with the trial in their absence, as stipulated in the 2015 Civil Procedure Code. The conditions for a trial in absentia include:

The absent party has been duly summoned by the court (at least twice).
The absent party has no valid reason for their absence or deliberately refuses to attend.
If the absent party submits a written request for the trial to proceed in their absence, the court may also conduct the trial.

Divorce When One Party is Abroad

When one spouse is living abroad, the court can still handle the divorce case if:

The party residing abroad submits a request for the trial to proceed in their absence.
The party abroad refuses to return to Vietnam and does not wish to participate in the trial.

The court will follow the procedures for notification, summoning, and trial as prescribed by law, including sending documents through diplomatic or consular channels.

Divorce in Case of Missing Person

If one spouse is declared missing under the law, the other spouse has the right to request a divorce in absentia. According to Article 68 of the 2015 Civil Code, a person is considered missing if they have been absent from their place of residence for two years or more without any information about whether they are alive or deceased, and a request for a declaration of missing person status has been made.

Once the court issues a decision declaring the person missing, the other spouse may proceed to request a divorce.

Consensual Divorce When One Party is Absent

In cases of consensual divorce, if one party is unable to attend but has submitted a request for the trial to proceed in their absence, and both parties have agreed on all matters (such as property and child custody), the court can still conduct the trial in the absence of that party.

All cases of divorce in absentia require the court to follow proper procedures for summoning, notification, and trial as stipulated by law to ensure the rights and interests of all involved parties are protected.

Clients seeking consultation on divorce in Vietnam are kindly requested to contact us: LHB Law Firm at Hotline: +84.969.088.118 (Zalo).

How to Handle Divorce in Absentia in Vietnam

Handling a divorce in absentia in Vietnam involves situations where one party is not present during the court proceedings. This process follows the provisions of the 2015 Civil Procedure Code and other related legal documents. Below are the steps to handle a divorce in absentia:

Preparing Divorce Documentation

To initiate divorce proceedings, the following documents are required:

Divorce Petition: Either unilateral or mutual consent.
Marriage Certificate: Original copy.
Identification Documents: ID card, Citizen ID, or passport of both parties.
Children’s Birth Certificates: If there are children from the marriage.
Documents on Joint Assets or Debts: If there are disputes regarding shared assets or liabilities.

Filing the Application

The petitioning party files the documents at the People’s Court of the district where the spouse resides or works.
If one party resides abroad, the petition must be submitted to the Provincial People’s Court.

Summoning the Parties

After accepting the case, the court will summon both parties for mediation and trial hearings.
If one party cannot attend, they must submit a written request for the trial to proceed in their absence.
If one party intentionally fails to appear without valid reasons after being summoned twice, the court may proceed with the trial in absentia.

Handling Unilateral Divorce in Absentia

If one party unilaterally files for divorce and the other party fails to appear despite proper summons, the court will handle the case in absentia.
For parties residing abroad, the court will send notifications through diplomatic or consular channels.

Handling Mutual Consent Divorce When One Party is Absent

If both parties agree to divorce, but one party cannot attend, they must submit a written request for the trial to proceed in their absence.
The court will resolve the case based on the mutual agreement of the parties regarding assets, children, and other related matters.

Issuance of Judgment and Completion of Proceedings

After the trial, the court will issue a divorce judgment. This document will be sent to the involved parties, even if one party is absent.
In unilateral divorce cases, the court’s decision becomes effective 30 days after the judgment is issued, provided no appeals are made.

Contact a Divorce Lawyer for In Absentia Cases: +84.969.088.118 (Zalo).

Lawyer Support for In Absentia Divorce Procedures in Vietnam

As a leading law firm in Vietnam, LHB Law Firm is proud to provide the following services:

Legal Consultation on Divorce: Advising on regulations regarding divorce, including conditions, procedures for unilateral divorce, custody disputes, and property division.
Document Preparation Support: Guiding and assisting in collecting documents and evidence for unilateral divorce applications.
Advice on In Absentia Divorce: Providing guidance on consensual and unilateral divorce procedures when one party is absent.
Drafting Legal Documents: Preparing templates for consensual and unilateral divorce applications in absentia.
Foreign-Related Divorce: Advising on unilateral divorce procedures involving foreign elements.
Fast-Track Divorce Services: Offering expedited services for both consensual and unilateral divorce cases.
General Consultation: Answering inquiries regarding domestic divorce regulations and those involving foreign elements.

With a team of experienced lawyers and a nationwide network of offices, we can assist clients across all 63 provinces and cities in Vietnam.

Contact LHB Law Firm Divorce Lawyers in Vietnam: Hotline +84.969.088.118 (Zalo).

Best regards!