Sharing of expertise
Question 6: To which Court – level and territorial jurisdiction, may a Vietnamese submit a divorce petition? Or which one is competent if a spouse is a foreigner? If a spouse appeals over a first instance judgement or decision which Court has the appellate and territorial jurisdiction?
To which Court – level and territorial jurisdiction, may a Vietnamese person submit a divorce petition? Under the provisions of the Civil Proceedings Law, State agencies competent to settle divorce procedures for spouses being Vietnamese are determined as follows: Case 01: Both spouses request a divorce by mutual consent Both spouses requesting for a divorce…
Question 5: Can the spouse who wants to file for divorce with proof of the petition file be able to submit it by post or directly submit at the office of a competent Court of justice? If the spouse submits by post, how can he or she know if the Court agrees to accept the case and what is the date of acceptance?
Submiting a divorce petition via post In many cases, the geographical distance between the competent Court and the current domicile of the spouse makes it difficult for the plaintiff to directly submit the divorce petition. To overcome this issue, the Civil Proceedings Code 2015 has adjusted the provisions on the form of filing lawsuits through…
Question 4: What kind of documents shall be required for a divorce file? How many sets of petition? What are the basic contents of a lawsuit petition ?
The file of divorce According to the Law on Marriage and Family 2014, there are two methods to handle the divorce, specifically: Case 01: Requesting the Court to approve the divorce by mutual consent, child bearing, and property division after divorce[2]. When both spouses request a divorce, a competent Court shall recognise the divorce by…
Question 3: In a divorce case, is the procedure for grassroots – level conciliation at the locality in which one of the spouses is living mandatory prior to filing divorce? Why?
The grassroots – level conciliation at the locality refers to the act of conciliating at the grassroots level (hamlet, village, commune, group, quarter, city blocks and other residential communities[1]). In divorce cases, the grassroots conciliation is when a mediator instructs and helps both spouses reach an agreement, and voluntarily deals with conflict, dispute, and breaches…
Question 2: Does the law specify that cohabitation as spouses without registrating a marriage registration certificate has the spousal relation and when they want to be apart, do they have to conduct divorce procedure? How are their common properties, children responsibility, and obligations of contracts handled if the law does not recognise their relation?
Man and woman cohabiting as spouses without marriage registration Depending on the actual situation, a man and a woman cohabiting as spouses without marriage registration will or will not be recognised by law as a spousal relationship is legally recognised or not recognised as the spouses’ relation. If this cohabitation is legally recognised, when they…
Question 1: In a divorce case, what are circumstances in which wife or husband has the right to request the Court to issue a decision on implementing a health or DNA (axit deoxyribonucleic) test of the other? Is the period of cohabitation calculated in the marriage period? Is the separation period deducted from the marriage period? Is the period from the time of filing for divorce until the Court’s decision on divorce taking effect deducted from the marriage period?
According to Article 3.13 of the Law on Marriage and Family 2014, marriage period means the duration of existence of the spousal relationship, counting from the date of marriage registration to the date of marriage termination. Accordingly, a marriage is terminated in any of the following circumstances: (i) from the time of death of a…
Question 130: Many Employees, when uploading corporate information to the media and social networking, often cite the reason they do not know it is the confidential information of an enterprise that is not allowed to post on the media or social networks. So what does the enterprise do to prevent Employees from citing this reason/minimise their doing so to escape from labour discipline?
As matter of law, in order to provide a legal basis for an Employer to discipline any Employee when they disclose the enterprise’s confidential information on the media and social networks, the Employer should first establish the specific and clear details in the ILRs on the concept of confidential information and what acts of breaching…
High level summary of 45 Remarkable Amendments and Supplements of the Labour Code 2019
Attorney Duong Tieng Thu and Nguyen Huu Phuoc[1] The Labour Code 1994 was enacted by the National Assembly in 1994 and was revised 3 times in the years of 2002, 2006 and 2007. In which, there are 3 new laws separated from the Labour Code 1994 in 2006 which are the Law Social Insurance, the…
Question 170: Is it mandatory for Employers and Employees to contribute to the natural disaster prevention and control fund?
1.The natural disaster prevention and control fund This is a fund at the provincial level and managed by the provincial people’s committees. The Fund is not financed by the State budget and does not originate from the State budget. The Fund’s financial sources will be compulsorily contributed by domestic and foreign economic organisations in the…
Question 169: What is the definition of the “offense” wording in the labour area pursuant to the Penal Code 2015 as amended and supplemented in 2017?
The Penal Code 2015 No. 100/2015/QH13 promulgated by the National Assembly on November 27, 2015 is amended on June 20, 2017 by the Law on amending and supplementing a number of articles of the Penal Code No. 100/2015/QH13 by the National Assembly (“PC 2015 as amended in 2017”). Accordingly, for the first time a number…