Currently, the Law on Marriage and Family 2014 does not have any provision regarding the statute of limitations to apply for a divorce case. Instead, this law only provides the statute of limitation for the acceptance of a divorce petition. Accordingly: “Courts shall accept divorce petitions in accordance with the Civil Proceedings Law”[1]. Therefore, under…

Application of practices in divorce cases Customs in divorce cases are obvious rules of conduct to which define rights and obligations of the spouses in the marriage and family relationship, remaining consistent for a long time, and recognised and applied generally in a region or a community of Vietnam[3]. Article 7 of the Law on…

Under Article 125 of the Law on Marriage and Family 2014, regulations regarding the recognition and recording of judgement and decision from foreign Courts or competent foreign authority on marriage and family is as follows: Recognition of a judgement or decision on marriage and family of a foreign Court requested for being enforced in Vietnam…

Under the Civil Proceedings Code 2015, Vietnamese is the language for writing and speaking in the process of resolving civil dispute. Accordingly, divorce petition, documents, evidence, and other papers attached to such petition in foreign languages must be translated into Vietnamese, notarised and lawfully certified. In addition to the translation into Vietnamese, these documents and…

Under the regulation of the Civil Proceedings Law, the spouses in general, and each of the spouses in particular have the right to appeal against a first instance judgement which has not yet come to effect within the time limit as prescribed by law in order to petition the appellate Court to resolve the case…