Authorizing Someone to Handle Divorce Procedures in Vietnam

Are you wondering whether you can authorize someone else to represent you in divorce proceedings? In this article, we provide the latest and most accurate answers to this common legal question in Vietnam.

1. Q&A – Is Authorizing Divorce Representation Allowed?

1.1. Can someone else be authorized to participate in a divorce?

No, representation in divorce proceedings cannot be authorized. According to Clause 4, Article 85 of the 2015 Civil Procedure Code, a spouse cannot authorize another person to represent them in divorce litigation, except in special cases. For instance, if one party is mentally incapacitated or a victim of severe domestic violence, a parent or close relative may act on their behalf to request the court to settle the divorce.

1.2. Can someone else file the divorce petition?

Yes, you can. While a person may not represent you in court, you can authorize someone else to submit the divorce petition, court documents, fees, and relevant paperwork under general civil authorization rules. In short: you can authorize someone to file the petition, but they cannot represent you in court proceedings.

1.3. Are there any exceptions?

Yes. If a spouse has lost legal capacity, is mentally ill, or suffers from severe domestic violence, a parent or close relative may legally represent them to initiate the divorce case.

2. Step-by-Step Guide to Authorizing Divorce Petition Submission

2.1. Prepare a complete divorce dossier (updated for 2025 regulations)

Divorce request form (either mutual consent or unilateral).
Original marriage certificate.
Copies of ID card/citizen ID/passport of both spouses (certified).
Certified copies of the children's birth certificates (if any).
Certified copies of documents proving joint assets (e.g., land use rights, purchase contracts, bank statements, etc.).

2.2. Draft a Power of Attorney (POA) for filing the divorce petition

Your POA must clearly include:

Full names and details of both the grantor and the authorized person (ID numbers, address, etc.).
Scope of authorization: filing the petition, submitting documents, receiving court notices, etc.
Clear validity period.
Signatures and a legal commitment by the grantor.
Notarization is recommended if the authorized person is not a direct family member (such as a lawyer).

2.3. Submit the divorce documents – personally or via authorization

You can choose to:

Submit the documents directly to the competent People's Court.
Or authorize someone else to do it for you, with the POA and full dossier attached.
Alternatively, submit via postal mail, in accordance with Clause 1, Article 190 of the 2019 Civil Procedure Code.

2.4. After submission

The court will review and accept the case if the dossier is complete, notifying you of the hearing date or requesting additional documents.
If you cannot attend the court hearing, you may request a hearing in absentia with valid justification (e.g., travel, overseas work). However, no one can represent you during the hearing, unless the law exceptionally allows family representation.

3. Quick Summary

Can someone represent me in divorce proceedings? _ No, except in special cases (incapacity, violence).

Can I authorize someone to file the divorce petition? _ Yes, the petition can be submitted on your behalf.

What documents are required? _ Divorce petition, personal ID, marriage/kid/asset documents.

What must the POA include? _ Full details of both parties, scope, term, signature, notarization if needed.

How to submit the dossier? _ Directly, through an authorized person, or by mail.

What if I'm absent at the hearing? _ You may request trial in absentia, but no representative is allowed.

4. Conclusion

In reality, if you're busy, abroad, or unable to appear in court, authorizing someone to submit your divorce petition can save time and offer convenience. However, you still need to attend court proceedings when summoned, unless the law provides exceptions for incapacity or serious domestic issues.

If you need help drafting the Power of Attorney, preparing a full divorce dossier, or require legal advice on mutual divorce, asset division, or child custody—DEDICA Law Firm is here to help. Our dedicated legal team provides timely, accurate, and trustworthy legal support, helping you navigate this sensitive process with confidence and peace of mind.