A Guide to Divorce for Vietnamese Citizens Unable to Return Home Due to Health Reasons
Are you living abroad and unable to return to Vietnam to handle your divorce procedures due to health issues? Don’t worry—there are still several practical legal options available for you! This article will walk you through the process step by step, helping you proceed with either mutual consent or unilateral divorce in Vietnam effectively and lawfully.
1. Can You Get Divorced Remotely When You Can't Return to Vietnam?
For Vietnamese citizens living abroad who cannot return to Vietnam due to health reasons, it is still possible to file for divorce in Vietnam:
Mutual consent divorce: If both spouses agree to divorce, you can file a petition for consensual divorce with the competent court in Vietnam (People’s Court at the provincial level).
Unilateral divorce when one party cannot return: If the other spouse is unreachable or currently living abroad, you can still apply for a unilateral divorce. Under Vietnamese law, if one party has been unreachable for over a year or intentionally hides their address, this qualifies as a special case, allowing the other to request unilateral divorce proceedings.
2. Jurisdiction and Filing Methods
Jurisdiction
The People’s Court at the provincial level (or centrally governed city) where you or your spouse currently resides in Vietnam holds jurisdiction over divorce cases involving foreign elements (such as one spouse living abroad).
How to File Remotely
You can file your divorce case through several channels:
In person – via an authorized legal representative in Vietnam.
By post – send your documents via mail.
Online submission (if the court allows electronic filing) – through the court’s online portal with a valid digital signature and email address.
3. Preparing a Remote Divorce Application
Whether it’s a mutual or unilateral divorce, you’ll need to prepare the following documents:
Common documents (for mutual or unilateral divorce with foreign elements):
Divorce petition (Form 23-DS) or Request for Recognition of Mutual Consent Divorce.
Marriage certificate (original or certified copy).
ID card/passport (certified copy).
Child’s birth certificate (if you have children together).
Documents proving joint property (if there is a property dispute).
Especially important: A certificate of “absence” or inability to travel from the Vietnamese Embassy or Consulate in the country where the other spouse resides.
Additional documents for unilateral divorce due to “loss of contact”:
Statement indicating duration of no contact (minimum 1 year) and attempts made to locate the spouse.
Confirmation from the Vietnamese diplomatic mission (if available).
Evidence proving loss of contact or unknown address.
4. Divorce Procedure When You Cannot Return to Vietnam
Step 1: Submit the Application
Send your documents to the People’s Court at the provincial level where you or your spouse resides in Vietnam. You can file:
In person (via representative),
By post,
Or online.
Step 2: Court Reviews the Application
Within 5–15 days, the court will examine your application. If valid, they will request a court fee advance payment.
Step 3: Pay the Court Fee
You or your representative must pay the court fee advance and submit the receipt to the court.
Step 4: Hearing or Absentee Proceedings
If you cannot appear due to health or if certified by the embassy/consulate, the court may proceed with a hearing in your absence—without mediation.
Step 5: Receive the Divorce Decision
The court will issue a decision (mutual or unilateral divorce) and send it to you or your legal representative in Vietnam.
5. Important Notes
Digital signature and valid email: If filing online, you must have a certified digital signature and a working email to receive court notifications.
Processing time: Usually takes 4–6 months, possibly longer if the case is complex.
Divorce registration in Vietnam: If you previously divorced abroad and are now in Vietnam, you must register the divorce in the Vietnamese civil registry to validate your marital status under Vietnamese law.
Conclusion
If you're a Vietnamese citizen living abroad and unable to return home due to health reasons, you can still file for divorce through the People’s Court in Vietnam—via in-person (authorized), postal mail, or online filing. Careful preparation of the application and choosing the right filing method will help you resolve your divorce efficiently and protect your legal rights.
DEDICA Law is always ready to assist you with practical, effective legal solutions. If you're facing difficulties with remote divorce procedures or need help drafting the required documents, contact us today for expert advice and timely support.
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