Can I request another person file for divorce application by post in Vietnam?

Can I request another person file for divorce application by post in Vietnam?

Pursuant to Clause 4, Article 85 of the 2015 Civil Procedure Code, the representatives are as follows:

1. The representatives in civil procedures comprise the representatives at law and the proxy representatives. The representatives can be individuals or legal entities as defined in Civil Code

2. The representatives at law as defined in the Civil Code shall be the representatives at law in the civil procedures, except where the representative right is restricted under law provisions.

Agencies, organizations and individuals that initiate lawsuit to protect the legitimate rights and interests of others shall also be the representatives at law of the protected persons in the civil procedures.

3. Employee collective’s representative organizations shall be lawful representatives of collective of employees initiating lawsuits over labor cases, participate in procedures at Courts when legitimate rights and interests of the collective of employees are infringed upon; employee collective’s representative organizations are in charge of representing employees in initiating lawsuits over labor cases and participate in procedures when being authorized by employees.

If multiple employees filing the same claim towards the employer of the same enterprise/unit, such employees may authorize a representative from the employee collective’s representative organization to represent them in initiating lawsuits over labor cases and participate in procedures at the Court.

4. The proxy representatives as defined in the Civil Code shall be the proxy representatives in the civil procedures.

For the divorce, the involved parties must not designate any other persons to participate in the procedure on their behalf. If parents or other relatives of the involved parties petition the Courts to resolve the divorce cases as prescribed in clause 2 Article 51 of the Law on marriage and family, they such be the representatives.

Therefore, the current law does not allow husband and wife to authorize another person to participate in the proceedings in the divorce settlement whether unilaterally or voluntary divorces. However, the law only prohibits the authorization to participate in the proceedings, but the issues surrounding the divorce are not prohibited by the law, including filing for divorce. Therefore, you can ask (authorize) someone else to submit this application in Vietnam.

Best Regards!