How Foreigners Could Buy Real Estate in Vietnam?

 

Can foreigners buy real estate in Vietnam?

Regulations on foreigners whom wish to buy real estate in Vietnam are regulated in Civil Code, Law on Land, Law on Housing, and other on decrees that guide the Law on Housing and related documents.

Can foreigners buy land in Vietnam?

For land, foreign individuals are not eligible to use land assigned or leased by the State, recognized land use rights, received transfer of land use rights. However, a foreign-invested enterprise could be allocated or leased land by the State, recognized land use rights, or received a land use right transfer. Foreign-invested enterprises that are assigned land by the State with the collection of land use levies to execute investment projects on the construction of houses for sale or for sale in combination with lease.

Can foreigners buy houses in Vietnam? or can foreigner buy apartments in Vietnam?

For housing, foreign entities eligible for the homeownership in Vietnam include: foreign entities who invest in project-based housing construction in Vietnam as prescribed in this Law and corresponding regulations of law; foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign-invested funds and branches of foreign banks operating in Vietnam (hereinafter referred to as foreign organization); foreign individuals who are allowed to enter Vietnam.

The foreign entities are eligible for the homeownership in Vietnam if they invest in project-based housing construction in Vietnam as prescribed in this Law and corresponding regulations of law; or buy, rent and purchase, receive, or inherit commercial housing including apartments and separate houses in the project for housing construction, except for areas under management relating to national defense and security as prescribed in regulations of the Government.

What conditions to meet when foreigners buy real estate in Vietnam?

Foreign organizations and individuals must have documents proving being the eligible subjects and meeting conditions to own houses in Vietnam. A foreign individual must have an unexpired passport bearing the entry seal of the Vietnam’s immigration authority and not given diplomatic immunity and privileges according to Ordinance on diplomatic immunity and privileges of diplomatic missions, consular offices, and representative authorities of international organizations in Vietnam. Foreign organizations must be subjects of owning houses in Vietnam which have investment registration certificate or a permission issued by a Vietnam’s competent authority for operation in Vietnam which is still unexpired at the time of housing transaction (hereinafter referred to as investment registration certificate).

A foreign entity shall not be granted a Certificate of the house and may only sell or offer it to another entity eligible to own housing in Vietnam in the case being: a foreign organization or individual receives a house as an inheritance or a gift which is located in an area in which foreign entities must not own houses, or the quantity of which exceeds the permissible limits; a foreign organization that does not operate in Vietnam, or a foreign individual who is not permitted to enter Vietnam, receives a house in Vietnam as a gift or an inheritance.

For specific situations, to avoid future dispute in house ownership arisen from the purchase, lease of property, house, land from the state, developer or other seller, or lessor it is important that the client check with dispute property lawyers in Vietnam for eligibility, conditions and other relevant matters.

How real estate lawyers in Vietnam could help client to buy real estate in Vietnam?

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest protection, risk mitigation and regulatory compliance.

Readmore:https://antlawyers.vn/update/how-foreigners-could-buy-real-estate-in-vietnam.htmlreal estate in Vietnam are regulated in Civil Code, Law on Land, Law on Housing, and other on decrees that guide the Law on Housing and related documents.

Can foreigners buy land in Vietnam?

For land, foreign individuals are not eligible to use land assigned or leased by the State, recognized land use rights, received transfer of land use rights. However, a foreign-invested enterprise could be allocated or leased land by the State, recognized land use rights, or received a land use right transfer. Foreign-invested enterprises that are assigned land by the State with the collection of land use levies to execute investment projects on the construction of houses for sale or for sale in combination with lease.

Can foreigners buy houses in Vietnam? or can foreigner buy apartments in Vietnam?

For housing, foreign entities eligible for the homeownership in Vietnam include: foreign entities who invest in project-based housing construction in Vietnam as prescribed in this Law and corresponding regulations of law; foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign-invested funds and branches of foreign banks operating in Vietnam (hereinafter referred to as foreign organization); foreign individuals who are allowed to enter Vietnam.

The foreign entities are eligible for the homeownership in Vietnam if they invest in project-based housing construction in Vietnam as prescribed in this Law and corresponding regulations of law; or buy, rent and purchase, receive, or inherit commercial housing including apartments and separate houses in the project for housing construction, except for areas under management relating to national defense and security as prescribed in regulations of the Government.

What conditions to meet when foreigners buy real estate in Vietnam?

Foreign organizations and individuals must have documents proving being the eligible subjects and meeting conditions to own houses in Vietnam. A foreign individual must have an unexpired passport bearing the entry seal of the Vietnam’s immigration authority and not given diplomatic immunity and privileges according to Ordinance on diplomatic immunity and privileges of diplomatic missions, consular offices, and representative authorities of international organizations in Vietnam. Foreign organizations must be subjects of owning houses in Vietnam which have investment registration certificate or a permission issued by a Vietnam’s competent authority for operation in Vietnam which is still unexpired at the time of housing transaction (hereinafter referred to as investment registration certificate).

A foreign entity shall not be granted a Certificate of the house and may only sell or offer it to another entity eligible to own housing in Vietnam in the case being: a foreign organization or individual receives a house as an inheritance or a gift which is located in an area in which foreign entities must not own houses, or the quantity of which exceeds the permissible limits; a foreign organization that does not operate in Vietnam, or a foreign individual who is not permitted to enter Vietnam, receives a house in Vietnam as a gift or an inheritance.

For specific situations, to avoid future dispute in house ownership arisen from the purchase, lease of property, house, land from the state, developer or other seller, or lessor it is important that the client check with dispute property lawyers in Vietnam for eligibility, conditions and other relevant matters.

How real estate lawyers in Vietnam could help client to buy real estate in Vietnam?

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest protection, risk mitigation and regulatory compliance.

Readmore:https://antlawyers.vn/update/how-foreigners-could-buy-real-estate-in-vietnam.html

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How to Apply Birth Certificate in Vietnam?

     

For children of foreigner and Vietnamese born in Vietnam, the procedure to apply for birth certificate in Vietnam is carried out at the Vietnam’s provincial Department of Justice. But it is not that simple in some situations and it might take huge amount of time from busy parents. The differences in cultures, names order, languages, marriage status might add different levels of complexity.

Challenges in registering birth certificate in Vietnam?

In today’s globalized world, it has become more common that people from different cultural backgrounds travel, and meet their spouse. Their children were born with happiness however they would face difficulties when applying for birth certificate for the newborn in Vietnam.

For the parents, the difficulties of registering birth certificate in Vietnam could range from the choice of name, nationality, or whether or not the child is born out of wedlock, if some papers needed notarization or legalization not not, would DNA tests would be required to confirm the father for the child in case of doubt.

What is the authority that issue birth certificate in Vietnam?

When a child between a foreigner and a Vietnamese is born in Vietnam, according to the regulation on the registration and management of civil status, the Department of Justice will be the Vietnam government agency issuing the birth certificate.

The parents need to fill in the standard forms and provide the birth documents from hospital, marriage status documents, personal identification papers and other supporting documents depending on various situations so as the government offices could check and validate.

In cases where parents choose foreign nationality for the child, they must obtain the agreement of the parents about the choice of nationality. The valid agreement of the parents about the choice of nationality shall be certified by the local authority.

After receiving an application dossier for birth certificate for newborn in Vietnam, civil status officials of the Department of Justice records in the birth registration and original birth certificate. The director of the Department of Justice shall sign and issue an original birth certificate for the newborn. Copies of birth certificates are issued at the request of the applicant.

For children born out of wedlock, if the father is not identified, the information about the father in the birth registration book and birth certificate are left blank. When the father officially agrees to recognize father for a child, he has to carry out the procedure at the Vietnam’s provincial Department of Justice. The birth certificate could also be revised to reflect the father’s details into the new birth certificate. This birth certificate will be very important when the father applies foreign citizenship for the child.

The child can be named according to parental choice to be recorded on the birth certificate.

How a law firm could help the client to get a birth certificate in Vietnam?

Most of the time, the application for birth certificate could be done by parents themselves. But for children born out of cross marriage, there could be challenges as mentioned above. The challenges arisen might be from the lacking of understanding or the unclear regulations or the difference of cultures, practices, languages. The lawyers in Vietnam could evaluate the situations and assist the client to prepare the documents according to the requirements of law, go through the procedures of notarization and translation if needed, and assist the client in explaining the situation to the government officer.

Readmore:https://antlawyers.vn/library/how-to-apply-for-birth-certificate-in-vietnam.html

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What Are Conditions for E-commerce Business in Vietnam?

     

E-commerce business in Vietnam is conditional business area

Currently, in the context of increasingly developing technology, online transactions are also taking place more often, quickly and conveniently, and the connection between buyers and sellers has become no longer a distance. But how to set up e-commerce business in Vietnam? E-commerce lawyer in Vietnam will share some ideas below on conditions to set up e-commerce business in Vietnam and other matters.

The number of enterprises doing their business in the field of e-commerce has increased significantly in recent years. Many foreign investors are also eyeing Vietnam for investment. The question is to how to set up e-commerce business in Vietnam taking advantage of the growing market and in the meantime recruiting technology talents from Vietnam for their e-commerce business which has the potential to tap on global market.

In Vietnam, e-commerce activity means conducting part or the whole of the process of commercial activity by electronic means connected to the Internet, mobile telecommunications network or other open networks.

The forms of organization of e-commerce activities includes:

Sales conducted thorough e-commerce website: It is an e-commerce website developed by traders, organizations or individuals by themselves to serve their commercial promotion, sales or service provision.

E-commerce service provision website: It is an e-commerce website developed by traders or organizations to provide an environment for other traders, organizations or individuals to conduct their commercial activities. The e-commerce service provision website includes: E-commerce trading floor; Online auction website; Online promotion website and other types of website as regulated by the Vietnam Ministry of Industry and Trade.

How to set up e-commerce business in Vietnam?

The Law on Investment in Vietnam stipulates that e-commerce business is one of the conditional business lines. Therefore, if an enterprise wishes to set up e-commerce company in Vietnam, register and conduct business activities in this field, it must meet the following conditions:

Traders, organizations and individuals wishing to set up sales e-commerce websites must be traders, organizations or individuals who have been granted personal tax identification numbers; Having websites with valid domain names and complying with regulations on management of information on the Internet and having notified the Ministry of Industry and Trade of the set-up of sales e-commerce websites.

In order to conduct business activities based on websites providing e-commerce services, traders and organizations need to be registered for business at a competent agency in accordance with law and have websites with valid domain names and complying with regulations on management of information on the Internet.

In addition, traders and organizations also need to have a service provision project which clearly states the following contents: (i) Model of organization of operations, including service provision, promotion and marketing both online and offline; (ii) Structure, utilities and main information sections on the service website; (iii) Rights and responsibilities of the trader or organization providing e-commerce services and service users.

Enterprises that wishes to do e-commerce business need to register to set up a website to provide e-commerce services and be certified by the Ministry of Industry and Trade to register in accordance with the law.

Further, the enterprises also have to apply for investment registration certificate and business registration certificate in Vietnam at the Department of Planning and Investment.

Readmore:https://antlawyers.vn/library/what-are-conditions-for-e-commerce-business-in-vietnam.html

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How Debt Recovery Lawyers in Vietnam Could Assist to Collect Debt

  

Do you know debt recovery service is banned in Vietnam?

The collection of bad debt and late payment after sales or services are difficult and sensitive tasks in Vietnam. How debt recovery lawyers in Vietnam follow the law and help client?

Before 2021, there are companies that can register and provide the debt recovery service in Vietnam. From Jan 1st, 2021, the law bans the debt recovery service in Vietnam. How to resolve this puzzle for the client? Can lawyers in Vietnam help?

The reason the debt recover service in Vietnam is banned is because of the negative social reactions created in the past by company that provide debt recovery service. There are incidents the debt recovery service providers utilize methods to put pressure on debtors through threats to physically harm or defame the debtors on social media.

How debt recovery lawyers in Vietnam help?

Therefore, when there are disputes on payment or debt, the client could engage law firms in Vietnam whom is aware of law and the process to follow the laws. The debt recovery lawyers in Vietnam who take the case should be well informed about the legal nature of the debt profile and they must have skills on debt recovery.

Depending on the nature of each case and each specific dossier, the law firm in Vietnam can be able to make suitable plans to deal accordingly with the debtor.

Solutions proposed by debt recovery lawyers in Vietnam

There will be a number of methods and different solutions in the work of debt recovery by lawyers in Vietnam. However, the recovery of debt will apply the following two basic methods:

Mediation and agreement methods are ways that lawyers and legal professionals will come directly to negotiate and persuade debtor to make their debt payment schedule based on understanding of law and various drivers.

Resolve through court proceeding, or arbitration. This method will be applied in the case that debtors are unwilling to cooperate, trying to evade responsibility, or the payment plan is delayed.

Time limit for settling the debt collection is influenced by different factors but the two most important factors are the legality of the documents and the payment capability of debtors.

There are debtors, after being explained the consequences and losses of non-payment, late payment by lawyers and legal experts, they were aware of and make plans to pay debts.

But there are debtors that the client requires the support and intervention of the state authorities. In such case, the duration of the case will be prolonged.

Readmore:https://antlawyers.vn/library/hire-lawyers-to-collect-debt.html

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What Are Challenges in Debt Recovery Litigation Procedures for Enterprise?

   

Lawyers at debt recovery law firms in Vietnam could provide solutions

In the operation of the enterprises, the arising of bad debts could be unavoidable. However, in order to be able to file lawsuit and collect debts and minimize bad debts in practice, there are still many difficulties. Currently, the process of debt recovery according to the provisions of the law still encounter many problems and shortcomings, while enterprises need more effective solutions to recover debts fully and quickly in order to ensure revenue and financial balance for enterprise. Hence, why not mind your business and let lawyers at debt recovery law firms in Vietnam help with effective strategies and solutions.

Filing a lawsuit with the help of litigation lawyers in Vietnam

In order to be able to recover debts according to the provisions of the law, enterprises could hire dispute lawyers to go through two stages with relatively complicated procedures. Accordingly, the lawsuit need to be filed and after the court’s judgment, the enterprise needs to file a petition for civil judgment enforcement. Because, the trial stage and the judgment execution phase are two independent stages, each with a different processes.

Trial hearing at court stage

First, the stage of lawsuits in court. When the enterprise’s interests are infringed, the enterprise will need to file a lawsuit at a competent court. This is a traditional method of lawsuits that forces enterprise to comply with the court’s strict processes and procedures and relevant legal regulations.

Specifically, in order to initiate a lawsuit at the court, an enterprise must meet the following conditions to initiate a lawsuit:

(i) there is a debt incurred and the debtor fails to pay the debt as committed, leading to a dispute and the enterprise believes that rights and interests are infringed;

(ii) the dispute between the enterprise and the debtor in this case must fall under the exclusive jurisdiction of the court, not under the jurisdiction of any other agency or organization (arbitration);

(iii) in some cases, if there is an agreement or is required by law to carry out pre-litigation procedures such as conciliation, negotiation, notification, etc., the enterprise must complete such procedures before requesting a competent court to settle disputes between the enterprise and the debtor. In addition, in the petition, the enterprise needs to enclose invoices, vouchers and loan documents to prove that the debt collection has legal ground.

These are the basic conditions that enterprise need to keep in mind when filing a lawsuit to ensure that the petition is valid and not returned. To improve the success chance, the enterprise could consult with lawyers at debt recovery law firms in Vietnam for advice.

After the petition is accepted and the enterprise completes the payment of the court fee advance, the court will conduct verification and collect evidences; conducting meetings, checking the handover, accessing and disclosing evidences and conciliation. In case the involved parties cannot reconcile with each other on the payment plan or agree on interest and debt, the court will bring the case to trial. During this period, enterprises need to consider late payment interest, principal and debtor’s financial situation in order for request to be accepted by the court and serve as a basis for possible judgment enforcement.

Judgement enforcement stage

Second, the procedure for requesting judgment enforcement. After the judgment or decision of the court takes legal effect, it must be respected by organizations and all citizens.

Accordingly, enterprises, especially debtors, within the scope of their responsibilities, should strictly abide by judgments and decisions and must take responsibility before law for judgment enforcement.

Within 5 years from the date the judgment or decision takes legal effect, the creditor can by himself or authorize lawyers at debt recovery law firms in Vietnam to make a written request for judgment enforcement and send it to the district-level judgment enforcement agency where the court is located for first-instance trial court to request judgment enforcement.

Accordingly, enterprises need to prepare a written request for judgment enforcement together with the judgment or decision requested for enforcement and other relevant documents. For the extent of the petition for judgment enforcement, the enterprise needs to show information about the debtor’s assets or judgment enforcement conditions.

In addition, enterprises have the right to request civil judgment enforcement agencies to apply measures to secure judgment enforcement, including: freezing of accounts, temporary seizure of assets and papers, temporary suspension of registration, transfer, etc. change the current state of assets to avoid the debtor’s dispersal of assets and inability to repay the debt according to the judgment.

At the same time, the judgment enforcement agency will issue a notice of judgment enforcement, setting a time limit for the debtor to voluntarily execute the judgment of 15 days from the date the debtor receives or is duly notified execution decision. At the end of the above-mentioned voluntary time limit, the debtor who has conditions for judgment enforcement but does not voluntarily execute the judgment will be subject to coercion.

The enforcement of money assets will be applied by the judgment enforcement agency one of the measures such as deducting money from the account; subtract from the judgment debtor’s income, collect money from the judgment debtor’s enterprise activities; collect money from judgment debtors who are holding or collect money from judgment debtors who are kept by third parties or sell assets of judgment debtors to collect debts.

Risks during the judgement enforcement in Vietnam

Although the judgments and decisions have taken effect, the initiation of lawsuits and judgment enforcement in many cases still cannot be enforced making the debt recovery further challenging. It means that, it would be challenging for the claimant itself to pursue the judgement enforcement process and hence lawyers at debt recovery law firms in Vietnam could be relied on for advice and solution for each situation arisen as mentioned below.

One is the determination of the debtor’s address for the court to serve the documents. The debtor always tends to evade and not cooperate, i.e. constantly changing addresses and causing difficulties for the court in the process of settling the case. Accordingly, the court could not proceed to serve the debtor, then some courts have decided to return the petition to the claimant, or suspend the case because it considers that there are not enough conditions to initiate a lawsuit or not summon the defendant. This factor causes delays in the legal process when enterprises initiate lawsuits.

The second is the application of trial procedure in absentia. In order to fully meet the conditions for trial in absentia, the court will take time and many measures to verify and post procedural documents according to regulations. Besides, for debt disputes with complicated elements, it takes more time to collect more documents and evidences, conduct solicitation of document expertise, etc. or the case has many people with interests and obligations related, the trial was adjourned several times. Therefore, the intangible interests of enterprises have been seriously affected.

Third is the execution process. In fact, many enterprises have had court judgments, but the judgment enforcement process has lasted for many years, and enterprise have not been able to recover their debts. This problem may arise from the lack of flexibility in the coordination between banks, other agencies and organizations and the judgment enforcement agency, which is detrimental to the verification and distraint of assets of the agency, directly affecting the time of judgment enforcement.

Fourth is for the distraint, auction of assets that are assets that are difficult to determine the value of, or properties that are in dispute or there are no auction participants are also reasons for the delay in debt recovery.

Fifth is due to human subjective factors. Specifically, due to opposing and uncooperative acts of changing the current status of mortgaged assets, obstructing the verification of judgment enforcement conditions, asset valuation, and asset auction. For movable property, the debtor could actively move or disperse in order to cause difficulties in the handling process. In addition, there are cases where enforcers violate the time limit for notifying or serving judgment enforcement decisions/notices, failing to conduct verification…

Hence, enterprises that wish to proceed debt recovery effectively need to proactively collect information, judgment execution conditions of the debtor and provide it to the judgment enforcement agency. Besides, it is necessary to seek the legal advice of debt recovery law firms in Vietnam with experience in litigation and enforcement for debt recovery process in Vietnam.

Readmore:https://antlawyers.vn/legal-service/what-are-challenges-in-debt-recovery-litigation-procedures-for-enterprise.html

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2023 Tax Filing Deadlines Shared by Tax Lawyers in Vietnam

   

You should not miss tax submissions deadlines

According to the provisions of Vietnam tax law, on monthly or quarterly companies will need to submit various types of tax reports and tax returns: License fees; Value added tax declaration; Personal income tax return; Corporate income tax finalization declaration. In here, the tax lawyers in Vietnam will forewarns companies on some deadlines not to miss.

Knowing the deadlines for submitting tax reports and paying taxes on time not only helps companies proactively capture information and arrange for tax payment in accordance with state regulations, but also avoids many risks. Risk of penalties for violations in the field of tax laws occur if the declaration is filed late, or not filed. Company also could hire professional specializing in tax matters or tax lawyers for advice in the area of tax compliance in Vietnam to improve the efficiency and optimize business strategies.

What is deadline for filing Vietnam annual license fee?

Annual license fee is the amount the enterprise must pay annually based on the amount of charter capital stated on the certificate of business registration, and to be paid annually since the starting of the business. The company(except business households and business individuals) which has been newly established (including small and medium-sized enterprises converting from household businesses) or has established more dependent units, business locations has to file the license fee declaration dossiers no later than January 30th of the following the year of establishment or starting of business activities, production and business activities. In case the enterprise has a change in charter capital during the year, the enterprise shall submit the license fee declaration dossier no later than January 30th of the year following the year in which the changed information arises.

What is deadline for filing value added tax (VAT) in Vietnam?

This is an indirect tax, calculated based on the added value of goods and services that consumers have to pay when buying goods or services. The person who directly fulfills the tax payment obligation to the tax authority will be an enterprise or a production unit. The deadline for submitting VAT declaration dossiers is the 20th day of the month following the month in which the tax liability arises, for enterprises that declare and pay monthly; and the last day of the first month of the quarter following the quarter in which tax obligations arise for enterprises that declare and pay quarterly.

What is deadline for filing corporate income tax (CIT) in Vietnam?

Corporate income tax is a tax calculated based on the profit of an enterprise, which is a percentage of the positive result of revenue after deducting reasonable expenses i.e. cost of goods or services, rent, salary, travel,… as prescribed by the Law on Corporate Income Tax. For corporate income tax, enterprises will temporarily pay quarterly, and the deadline for tax payment is the 30th day of the first month of the next quarter.

What is deadline for filing personal income tax (PIT) in Vietnam?

Personal income tax is a tax paid by a company on behalf of employees working at the company. Personal income tax is calculated on a monthly basis, and be declared monthly or quarterly and settled annually. If the enterprise declares and pays personal income tax on a monthly basis (in case the enterprise declares value added tax on a monthly basis and the payable personal income tax amount in the month of VND 50 million or more), the deadline of filing PIT is no later than the 20th day of the following month. If the enterprises declare and pay personal income tax quarterly (in case the enterprise declares value added tax quarterly or the enterprise declares value added tax on a monthly basis and the amount of personal income tax must be paid is less than 50 million dong in a month), the deadline for filing PIT is no later than the 30th day of the next quarter.

Tax lawyers in Vietnam will help advise on tax regulations

It is important to file tax reports of all kinds on time but it is also equally important to manage the tax filing, and paying properly in a way that maximize the benefits of the company according to tax law taking advantage of deduction allowable by laws. Hence tax experts and tax lawyers could be consulted for advice on the regulations and tax laws in Vietnam.

ANT Lawyers, a law firm in Vietnam will always follow up with authorities for legal update on matters relevant to international trade and tax to update clients on regular basis.

Readmore:https://antlawyers.vn/library/tax-filing-deadlines-you-need-to-know-in-vietnam.html

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What Conditions to File Divorce Petition?

    

Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision. Divorce lawyers in Vietnam will help advise if there are legal grounds to file for divorce in Vietnam or not.

What is the condition of divorce?

Firstly, we need to know about subjects being entitled to request divorce settlement.

That is husband or wife or both having the right to request divorce settlement from a Court; a parent or other relatives has the right to request divorce settlement from a Court when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit. In addition, a husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

The divorce is divided into two cases, those are divorce by mutual consent and divorce at one party’s request.

Conditions of divorce by mutual consent:

If both wife and husband request a divorce and both parties are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children, the court shall settle the divorce a court shall recognize the divorce by mutual consent; if the spouses fail to reach agreement or have reached an agreement which fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.

Divorce at one party’ s request:

If a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if there are grounds to believe that a spouse commits domestic violence or seriously infringes of the rights and obligations of the husband or wife seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce. For a parent or other relatives’ request for a divorce mentioned above, a court shall permit the divorce if there are grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.

Domestic violence acts is one of the important factors mentioned in unilateral divorce. Domestic violence acts and “serious condition, common life no longer impossible and the marriage purposes unachievable” are defined in Vietnam laws.

For divorce involving foreigner or oversea Vietnamese, an important condition is permanent residence.

First of all, 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.

Two foreigners shall be settled a divorce in Vietnamese court if both of them reside permanently in Vietnam. However this is very rare.

In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law could be applied. It is suggested to consult with divorce lawyers in Vietnam in the court proceeding to best protect the rights and interest especially involving property division and child custody.

How divorce lawyers in Vietnam could help?

In conclusion, divorce lawyers in Vietnam could help advise on the conditions to meet when filing for divorce in Vietnam. There are situations under Vietnam laws that it is not possible to file for divorce in Vietnam. For instance, two foreigners living in Vietnam might not be able to file for divorce in Vietnam because they do not permanently reside in Vietnam. There are situations that the wife is is pregnant, gives birth or is nursing an under-12-month child. Sometimes, it is not possible to locate the husband or wife because they go missing or disconnect or hide, hence it could be troublesome for the court to serve the divorce petition request. In such cases, the divorce lawyers in Vietnam could help advise and suggest solutions.

Readmore:https://antlawyers.vn/library/what-conditions-to-file-divorce-petition.html

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