When one spouse is a foreigner, getting a divorce in Vietnam is not just an emotional decision—it also involves complex questions about property: What happens to assets in Vietnam? What about assets abroad? If you've heard stories like "Mr. A from Australia sent money for his wife to buy land in Vietnam but ended up with nothing after the divorce," you’re not alone. This is a common scenario—very real and full of legal risks without proper understanding.

1. Legal Grounds – Divorce with Foreign Elements in Vietnam

Law on Marriage & Family 2014, Article 127:
Divorce between a Vietnamese citizen and a foreigner, or between foreigners residing in Vietnam, may be resolved by a Vietnamese court upon the request of either party.
Civil Procedure Code 2015, Article 35(3) and Article 37:
Clearly states that disputes with foreign elements fall under the jurisdiction of provincial-level courts, including property inside or outside of Vietnam—except for divorce cases in border regions (under district-level courts).

Conclusion: Divorce and asset division involving a foreigner can be resolved in Vietnam if the parties reside in Vietnam or do not share a common residence.

2. How Is Property Handled in Divorce?

2.1. Property in Vietnam

Under Article 59 of the Law on Marriage & Family 2014, marital property is divided equally, taking into account the contributions, faults, and individual circumstances of each party.
If there is real estate in Vietnam, the court where the property is located will have jurisdiction.

2.2. Property Abroad

According to Article 127(3), property located outside Vietnam must be divided according to the laws of that country, not Vietnamese law.
Example: A Japanese spouse owns real estate in Tokyo—if the couple divorces in Vietnam, the property is only divided under Japanese law.

2.3. Mutual Agreements

If a legally valid property agreement exists (under Civil Code 2015), the court will give it priority.
The agreement must be clear, lawful, protect the interests of children and parents, and not affect inheritance rights.

3. Real Cases: Lessons from Court Judgments

Judgment 17/2019/HNGĐ-PT (Ho Chi Minh City): A divorce between a foreign husband and a Vietnamese wife. The court confirmed its jurisdiction and applied Vietnamese law to property in Vietnam, and foreign law to overseas assets.
Judgment 22/2019/HNGĐ-PT (Quang Nam): An Australian husband funded land purchases in Vietnam that were registered under his wife’s name. The court required evidence of his contributions and ruled based on shared efforts and financial input.
FDVN 2023 Property Disputes: Vietnamese nationals living abroad had relatives register property under their names. When disputes arose, appellate courts required concrete evidence of financial contribution and counterclaims to determine ownership.

Takeaways:

Prepare sufficient documents: proof of contributions, invoices, transfers, and ownership documents.
A prenuptial agreement or written asset agreement should be made before marriage.
Foreign property laws must be reviewed, as Vietnamese courts won’t divide overseas assets directly.
Distinguish between separate and joint property to avoid prolonged disputes.

4. Recommended Process for Resolving a Foreigner’s Property Dispute in Vietnam

Determine Court Jurisdiction:

If one party is a foreigner or the asset is domestic/abroad → provincial court;
If foreign assets are involved → the provincial court where the defendant resides.

Prepare Complete Documentation:

Divorce/petition for asset division;
IDs/passports, household registration, marriage certificate;
Proof of ownership and financial contributions (invoices, transfers) for assets in Vietnam and abroad;
If married abroad, the marriage must be registered in Vietnam.

Submit Court Fees & Attend Mediation:

If no property dispute → fixed court fee;
If there’s a dispute → court fees are based on the asset’s value.
The court will schedule a mediation session before trial.

Prove Contributions:

Vietnam-based assets: show financial/labor contributions;
Foreign assets: require notarized translations, and confirmation of contributions under local law.

Court Hearings & Rulings:

Vietnamese assets: divided under Article 59;
Foreign assets: even if Vietnamese courts rule on them, enforcement must be done abroad or settled privately.

Judgment Enforcement:

In Vietnam: ownership transfers and registrations;
Abroad: if Vietnamese rulings are reliable and recognized by foreign courts or embassies, assets can be practically divided.

5. FAQs

Q1: Can a foreigner absent from Vietnam still divide property?
A1: Yes, if the person resides or previously resided in Vietnam or owns assets in Vietnam. A valid power of attorney is required to participate in the proceedings.

Q2: If the foreign spouse gets a divorce abroad first, is recognition in Vietnam necessary?
A2: Yes. The foreign divorce judgment must be recognized by a Vietnamese court before dividing property in Vietnam.

Q3: What if the wife holds the title, but the husband paid for the property?
A3: If payment can be proven, the husband can claim a share based on the principle of contribution under Article 59.

Q4: How does foreign law apply to assets abroad?
A4: Under Article 127, foreign property is divided under that country’s laws. Division must be done through local authorities or by recognizing the Vietnamese ruling abroad.

Conclusion

Property disputes during divorce involving foreign elements in Vietnam are fully recognized under Vietnamese law, provided that proper evidence and procedures are followed. However, for assets abroad, local laws of the asset’s location must be respected. From real cases, we learn that clear contributions, explicit agreements, and complete documentation are key.

Some helpful tips:

Prenuptial Agreements: Draft them before marriage to clarify asset ownership and reduce risk during divorce.
Keep all financial records: Especially for international transfers—essential for proving your share.
Consider a legal power of attorney if one party is abroad and cannot attend court in Vietnam.

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Can a Foreigner’s Property Dispute Be Settled in Vietnam During Divorce?