Guidance on Resolving Divorce Cases with Respondents Residing Abroad with Unknown Addresses

Guidance on Resolving Divorce Cases with Respondents Residing Abroad with Unknown Addresses
Le Hai

The Supreme People's Court has just issued Official Dispatch 253/TANDTC-PC regarding the resolution of divorce cases where the defendant is a Vietnamese person residing abroad with an unknown address.

In resolving a divorce case where the defendant is a Vietnamese national residing abroad and does not provide a current address abroad, the handling is as follows:

- If there is evidence to determine that the defendant is still in contact with their relatives in the country, but the relatives do not provide the defendant's address or notify the defendant to send a statement to the Court, it is considered a case where the defendant is intentionally concealing their address and refusing to declare and provide information;- If the relatives refuse to provide the requested information after the Court has requested it for the second time, the Court shall proceed with the trial in the defendant's absence according to the general procedures;- After the trial, the Court shall immediately send a copy of the judgment or decision to the defendant’s relatives and publicly post the copy of the judgment or decision at the locality where the defendant last resided and where their relatives currently reside.

More details can be found in Official Dispatch 253/TANDTC-PC issued on November 26, 2018.

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