Can Foreigners Residing in Vietnam Get Divorced at a Vietnamese Court?
Are you or your loved one a foreigner currently residing in Vietnam, but unsure whether it's possible to get divorced in Vietnam when the marriage breaks down? Where should the divorce petition be filed? How long does it take? Is it necessary to return to your home country? This article will help you clearly understand: the current legal provisions, a real-life court case, and the full legal process to carry out a divorce properly and efficiently in Vietnam.
1. Divorce Involving Foreign Elements – Latest Legal Basis
According to Article 127 of the 2014 Law on Marriage and Family (amended in 2023), a divorce involving foreign elements includes:
Between a Vietnamese citizen and a foreign national;
Or between two foreign nationals who both reside in Vietnam.
This means: if one party is a foreigner residing long-term in Vietnam, they are fully entitled to file for divorce in Vietnam.
2. Court Jurisdiction – By Level and Territory
2.1. Jurisdiction by court level
Consensual or unilateral divorce involving a foreigner falls under the jurisdiction of the Provincial People’s Court.
In special cases, such as residence in a border area with neighboring countries, the District-level Court may handle the case.
2.2. Jurisdiction by territory
For unilateral divorce: file the petition at the court where the respondent resides or works.
For consensual divorce: file at the court where either party resides or works.
If the respondent’s residence is unknown or they live abroad, the petitioner can file the case where they reside or where common property is located.
3. Consensual vs. Unilateral Divorce – What’s the Difference?
3.1. Consensual Divorce
Both parties agree to terminate the marriage, divide assets, and determine child custody without disputes.
It’s a faster process: if both parties are in Vietnam, internal reconciliation and a decision from the provincial court may be completed within a few working weeks.
3.2. Unilateral Divorce
Initiated by one party, often based on grounds such as domestic violence, invalid marriage, or irretrievable breakdown.
If the respondent is a foreigner residing abroad or their address is unknown, the court must carry out judicial entrustment, which may take 1 to 1.5 years to complete.
4. Required Documents – Focus on Authentication and Legalization
Essential documents include:
Divorce petition with signatures of both parties (for consensual) or unilateral divorce petition.
Marriage certificate (original or official extract). If married abroad, it must be legalized, translated into Vietnamese, and registered in Vietnam.
Personal ID/Passport, household registration book or temporary residence certificate.
Birth certificate(s) of the child(ren) (if any); documents proving jointly owned assets such as land titles, vehicles, savings accounts.
For absent foreigners in consensual divorce: a notarized absence letter with legalized signature.
For unilateral divorce where the respondent is abroad: provide a clear address so the court can conduct judicial entrustment.
5. Procedure & Costs – Key Points to Note
5.1. Basic Procedure
Submit the case file to the competent court.
Within 7–15 days, the court examines the file and requests advance payment of court fees if valid.
The court announces acceptance of the case, notifies the respondent (for unilateral divorce), and conducts reconciliation.
If consensual: the court issues a decision recognizing the divorce. If unilateral: a trial is held if reconciliation fails.
Receive the legally effective judgment/decision – proceed with division of assets and child custody.
If the divorce takes place abroad, the judgment must be registered in Vietnam to be recorded in household registration.
5.2. Duration & Court Fees
Consensual divorce in Vietnam with both parties present: may be completed in 15–20 working days.
Unilateral divorce with respondent abroad: may take 1–1.5 years due to the judicial entrustment process.
Court fee: about 300,000 VND if no asset dispute; otherwise, calculated based on the value of disputed assets.
6. Case Study – Real-World Example
A case in Ho Chi Minh City involved a Vietnamese wife and a foreign husband residing in Vietnam. The wife filed a unilateral divorce despite not knowing the exact address of her husband. However, thanks to the valid passport, temporary residence card, and legalized documents, the court accepted the case and held a hearing after 8 months. Judicial entrustment followed, and a final judgment was issued, clearly dividing property and determining child custody. This serves as a clear example that: foreigners residing in Vietnam can legally get divorced at a Vietnamese court.
7. Key Takeaways & Practical Advice
Carefully prepare all documents, especially foreign documents must be translated, legalized, and properly registered.
Determine the correct residence/workplace before filing to avoid file rejection.
Consensual divorce is the optimal solution if possible – saving time and money.
Engaging an experienced divorce lawyer is highly recommended for thorough legal advice, proper document preparation, judicial entrustment support, and legal translation.
8. Conclusion
Foreign nationals residing long-term in Vietnam have full legal rights to file for divorce at a Vietnamese court, based on Article 127 of the Law on Marriage and Family (amended) and the 2015 Civil Procedure Code.
The provincial-level court has jurisdiction. The filing location depends on whether the divorce is consensual or unilateral and the place of residence of either party.
Proper and complete document preparation helps shorten the process and minimize legal risks.
Consensual divorce + legal expertise = the fastest and most efficient legal solution.
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