09:16 | 28/05/2022
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Does the court of temporary residence have jurisdiction to handle divorce cases in Vietnam?

In Vietnam, does the Court of the temporary residence have jurisdiction to handle divorce cases? In Vietnam, which court has the authority to settle marriage cases? Hello brothers and sisters, my husband and I both have permanent residence in Binh Thuan, and together temporarily reside in Go Vap District, Ho Chi Minh city. Due to emotional conflicts, my wife and I want a divorce and ask the court to divide the common property. Can you tell me if the Court in Ho Chi Minh City will solve this problem? Thanks for the answer. Thank you.

In Vietnam, does the Court of the temporary residence have jurisdiction to handle divorce cases?

In Article 28 of the 2015 Civil Procedure Code, there are provisions on marriage and family disputes falling under the Court's jurisdiction as follows:

1. Divorce, disputes over child rearing, property division upon divorce; property division after divorce.

2. Disputes over division of common property of husband and wife during marriage.

3. Disputes over change of person directly raising children after divorce.

4. Disputes over identification of parents for children or identification of children for parents.

5. Support disputes.

6. Disputes over childbirth by assisted reproductive technology, surrogacy for humanitarian purposes.

7. Disputes over child rearing, property division of men and women living together as husband and wife without marriage registration or illegal annulment of marriage.

8. Other marriage and family disputes, except for cases falling within the jurisdiction of other agencies or organizations as prescribed by law.

At Point a, Clause 1, Article 39 of the 2015 Civil Procedure Code, the jurisdiction of the Court by territory is as follows:

a) The court where the defendant resides or works, if the defendant is an individual, or where the defendant is headquartered, if the respondent is an agency or organization, has the power to settle disputes according to first-instance procedures. civil, marriage and family, business, commerce and labor specified in Articles 26, 28, 30 and 32 of this Code;

In Article 11 of the Law on Residence 2020, there are regulations on residence as follows:

1. A citizen's place of residence includes his/her permanent residence and temporary residence.

2. If the place of permanent residence or temporary residence cannot be determined, the citizen's place of residence is the current place of residence determined according to the provisions of Clause 1, Article 19 of this Law.

According to current regulations, in case you are in a marriage and family dispute under the jurisdiction of the court, the court of the temporary residence can resolve this dispute.

In Vietnam, which court has the authority to settle marriage cases?

In Clause 1, Article 35 of the 2015 Civil Procedure Code, there are provisions on the competence to settle marriage cases as follows:

1. District-level People's Courts are competent to settle according to first-instance procedures the following disputes:

a) Civil, marriage and family disputes specified in Articles 26 and 28 of this Code, except for disputes specified in Clause 7, Article 26 of this Code;

b) Business and commercial disputes specified in Clause 1, Article 30 of this Code;

c) Labor disputes specified in Article 32 of this Code.

Accordingly, the district-level people's court will have jurisdiction to settle the marriage case.

Best regards!

Huỳnh Minh Hân

TRA CỨU HỎI ĐÁP
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Chủ quản: Công ty THƯ VIỆN PHÁP LUẬT. Giấy phép số: 27/GP-TTĐT, do Sở TTTT TP. HCM cấp ngày 09/05/2019.
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Chứng nhận bản quyền tác giả số 416/2021/QTG ngày 18/01/2021, cấp bởi Bộ Văn hoá - Thể thao - Du lịch
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