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The Supreme People's Court of Vietnam: Benchbook Online

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5.1.2. Conditions for accepting the case


Related legal documents
  • Law on Marriage and Family 2000 (Article 85 and Article 86)
  • Resolution No. 02/2000/NQ-HDTP dated 23 December 2000 of the SPCJC (Point c of Section 10)
  • Decree No. 70/CP dated 12 June 1997 of the Government (Article 7)

  • Main tasks and practical skills:

    • Advance payment of court fees :
      - Advance payment of court fee for the divorce (Item 1 of Article 70 of Decree No. 70/CP) ;
      - Advance payment of court fee for division of common assets (item 3 of Article 7 of Decree No. 70/CP).
    • Condition about time, that is when a petition for a divorce has been rejected for at least one year, then the parties can be initiate a legal action for a divorce again (Article 86 of the Law on Marriage and Family ; Point c of Section 10 of Resolution No. 02/2000/NQ-HDTP).
    • Cases where a wife is pregnant or bringing up a kid of less than 12 months of age and the petition for divorce of the husband shall be rejected (Article 85 ; Article 6 of Resolution No. 02/2000/NQ-HDTP).