Is overseas divorce recognized trực tiếp bóng đá k+ Vietnam?

Hello, Lawnet would like to answer the following:

1. Is the divorce judgment/decision of a foreign court recognized trực tiếp bóng đá k+ Vietnam?

According to Clause 25, Article 3 of thexem bóng đá trực tiếp trên youtube, the definition of a marriage and family relation involving foreign elements is as follows:

Article 3. Interpretation of terms

…

Marriage and family relation involving foreign elements means the marriage and family relation trực tiếp bóng đá k+ which at least one partner is a foreigner or an overseas Vietnamese or trực tiếp bóng đá k+ 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.

Thus, trực tiếp bóng đá k+ case you and your spouse are Vietnamese but live abroad, it is determined that it is a marriage and family relation involving foreign elements.

According to the provisions of Article 125 of thexem bóng đá trực tiếp trên youtubeon recognition and notation of judgments and decisions of courts and foreign competent agencies on marriage and family:

Article 125. Recognition and writing of judgments and decisions of foreign courts and competent foreign agencies on marriage and family

The recognition of judgments and decisions on marriage and family of foreign courts with request for enforcement trực tiếp bóng đá k+ Vietnam must comply with the Civil Procedure Code.

The Government shall prescribe the writing trực tiếp bóng đá k+ civil status registers of matters of marriage and family according to judgments and decisions of foreign courts without request for enforcement trực tiếp bóng đá k+ Vietnam or without request for non-recognition trực tiếp bóng đá k+ Vietnam; and decisions on marriage and family of other competent foreign agencies.

It can be seen that the divorce judgment of a foreign court is recognized trực tiếp bóng đá k+ Vietnam trực tiếp bóng đá k+ two cases:

- Case 1:If a foreign court's divorce judgment requires enforcement trực tiếp bóng đá k+ Vietnam, you must carry out procedures to request recognition and enforcement of the foreign court's divorce judgment or decision trực tiếp bóng đá k+ Vietnam.

- Case 2:If your divorce judgment or decision does not require enforcement trực tiếp bóng đá k+ Vietnam and there is no application for recognition trực tiếp bóng đá k+ Vietnam, you can carry out the procedures for recording trực tiếp bóng đá k+ the civil status book the divorce that has been settled abroad at a competent agency (The recording trực tiếp bóng đá k+ the civil status book will be done by the Department of Justice according to the provisions of Clause 1, Article 42 ofNghị định 126/2014/NĐ-CP)

2. Prescriptive periods for filing applications for recognition and enforcement trực tiếp bóng đá k+ Vietnam

According to Article 432 of theCivil Procedure Code 2015, the prescriptive periods for filing applications for recognition and enforcement are prescribed as follows:

Article 432. Prescriptive periods for filing applications for recognition and enforcement

1. Within 03 years from the day on which the civil judgment/decision of a foreign Court takes legal effect, the judgment/decision creditors, persons with relevant legitimate rights and interests or their lawful representatives may submit their application to Vietnam’s Ministry of Justice according to provisions of International treaty to which the Socialist Republic of Vietnam and home country of such foreign Court are co-signatories or to a competent Vietnam’s Court specified trực tiếp bóng đá k+ this Code to request recognition and enforcement trực tiếp bóng đá k+ Vietnam of such civil judgment/decision.

2. trực tiếp bóng đá k+ cases where the applicant can prove that he/she cannot submit the application within the time limit specified trực tiếp bóng đá k+ clause 1 of this Article due to a force majeure event or an objective obstruct, the time periods when such force majeure event or objective obstruct occurs shall not be included trực tiếp bóng đá k+ the time limit for submission of application.

Thus, the prescriptive period for filing applications for recognition and enforcement is 3 years from the date this judgment takes legal effect.

trực tiếp bóng đá k+ case the recognition requester can prove that because of force majeure events or objective obstacles, he cannot submit the application on time, the time of such force majeure events or objective obstacles shall not be included trực tiếp bóng đá k+ the application submission deadline.

3. Validity of decisions of Vietnam’s Courts on recognition and enforcement of civil judgments/decisions of foreign Courts

A civil judgment/decision of a foreign Court recognized and enforced trực tiếp bóng đá k+ Vietnam by a Vietnamese Court shall be legally effective as a legally effective civil judgment/decision of a Vietnamese Court and shall be enforced according to procedures for enforcement of a civil judgment. (Clause 1, Article 427 of theCivil Procedure Code 2015).

Best regards!

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