April 20, 2024

Divorce

Question 105: In a divorce case, is the husband or the wife entitled to copy all relevant documents and evidence in the case file kept by the Judge before bringing the case to trial? If possible, is the husband or the wife required to make a written request to the Judge who is handling the case?

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In a divorce case, is the husband or wife entitled to copy all relevant documents and evidence in the case file kept by the Judge before bringing the case to trial? According to the current law, the right to copy documents and evidence files, provided by the other spouse or collected by the Court, in…

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Question 104: In a divorce case, when a spouse provides documents and evidence to the Court, shall he or she send copies of such documents and evidence to the other spouse at the same time? Why?

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According to the law, the spouses participating in the proceedings at the Court have the right to “be informed and take notes or photocopy documents and evidence presented by other spouse”[4]. Furthermore, the litigant is also required to send the other litigants a photocopy of the petition, documents and evidence[5], with the exception of any…

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Question 103: Is the Judge in charge of a divorce case authorised to set the deadline for the spouse to provide evidence? If the spouse requested to provide evidence finds that the allocated time to collect evidence is insufficient, how should the allocated time be extended?

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About setting the time limit for providing evidence As analysed above, there are currently two cases where the Court will require the litigant to provide evidence. Firstly, the Court requires the litigant to provide evidence to prove that his or her request is grounded. Secondly, the Court requests the provision of evidence at the request…

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Question 102: When is a person entitled to refuse to submit evidence at the Court request? If the evidence is not submitted or delayed in the submission or insufficiently submitted as requested by the Court and does not fall under the circumstances of the right of refusal, what are sanctions for the person who is requested to provide evidence?

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Under the applicable law, there are 02 cases where the Court requests the litigants to submit evidence. Firstly, the Court requests the litigants to provide evidence to prove their request is grounded[3] and secondly, the Court may collect evidence where necessary or is requested to collect at the request of the other spouse[4]. The right…

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Question 101: In a divorce case, does the spouse have the right to request: (i) the bank to determine the other person who has opened an account at such bank and the account balance; (ii) the property registration office of the district People’s Committee to determine as to whether the other person is the owner of the registered properties; (iii) the business registration office of the provincial Departments of Planning and Investment to check whether the other person is a capital contributor or a shareholder in enterprises? If there is no such rights, can he or she request the Court to help verify, collect such documents and evidence? In which case, can the Court refuse to support the verification, collection of documents and evidence?

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Determining specifically which property is held by the wife and the husband in divorce cases is a necessary requirement when the spouse wants to take lawsuit or make a request in a divorce case. An indispensable condition for a request to be approved by the Court is that the request must be specific and not…

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Question 100: In a divorce case, is there any case when the Court requests organisations and individuals holding and managing documents and evidence related to the case to provide documents and evidence but these organisations and individuals failed to provide the requested documents? If they do not provide at the Court request, how will these organisations and individuals be punished? Is it compulsory to provide the Court with the requested documents? If the provision of documents and evidence incurs expenses for organisations and individuals keeping and managing documents and evidence (photocopying document costs, translation costs if documents and evidence are in foreign languages), if required, who will bear these costs?

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In a divorce case, is there any case when the Court requests organisations and individuals holding and managing documents and evidence related to the case to supply documents and evidence but that these organisations and individuals failed to provide the requested documents? If they do not provide at the request of the Court, how will…

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Question 99: In the process of collecting evidence in a divorce case where there is evidence outside the territory of the Court accepting the case, is that Court entitled to collect such evidence? If this is not possible, how can the Court collect evidence?

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Regarding the authority to collect evidence outside the territorial scope of the Court accepting the divorce case, it may fall into either of the following two cases: (i) within the territory of Vietnam but not within the scope of territory that the Court has jurisdiction to resolve; or (ii) outside the territory of Vietnam. In…

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Question 98: Under which circumstances, does the plaintiff have the right to request the Court to collect evidence by requesting the defendant to provide evidence related to the divorce case?

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The right to collect documents and evidence is one of the basic rights of the litigants. Without this right, they cannot prove that their claims in the case are lawful. Therefore, the Civil Proceedings Law requires any organisation or individual to provide the documents or evidence related to the case within their duties and powers…

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Question 97: Does the plaintiff i.e. the spouse in a divorce case have the right to directly request the defendant or other individuals, or organisations whom the plaintiff knows that they are holding, to provide evidence? If he or she does, but the requested individuals or organisations refuse to provide, will the plaintiff have the right to request the Court to collect such evidence?

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According to applicable laws, requesting agencies, organisations or individuals holding or managing documents or evidence to provide such documents or evidence to the litigants is one of their basic rights[2]. As such, any spouse who is the plaintiff in a divorce case has the right to request agencies, organisations or individuals, or even the defendant…

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Question 96: In a divorce case, if the plaintiff is a spouse using a private detective service to investigate and collect evidence (such as evidence of adultery), is such evidence legally valid for the Court to consider?

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Private detective services have been conducted by many organisations and individuals for years, even though it is not a prohibited activity, our State has not yet created a legal framework for this type of service. Therefore, only documents which have been lawfully notarised or certified by notarisation practicing organisations, or documents provided by the bailiff…

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