Can You Get Divorced After Canceling Your Permanent Residence in Vietnam?

Are you wondering whether you can file for divorce in Vietnam if your permanent residence has been canceled or deleted? This article will provide a clear and updated explanation based on the most recent regulations as of 2025.

1. Understanding “Cancellation” and “Deletion” of Permanent Residence in Vietnam

According to the 2020 Law on Residence (effective from July 1, 2021), there is currently no legal requirement that mandates deletion of permanent residence registration when a couple divorces. In other words, getting a divorce does not automatically result in your permanent residence being deleted.

Under Article 24 of the 2020 Law on Residence, permanent residence is deleted in the following mandatory cases:

• Absence from the registered address for 12 months or more without registering temporary residence or reporting a temporary absence;

• Emigrating abroad for permanent settlement; being declared missing or deceased; transferring home ownership but failing to register a new residence within 12 months...

Meanwhile, “cancellation of permanent residence” is typically carried out by the residence registration authority when there are violations or errors in the previous registration.

2. Divorce After Permanent Residence Is Canceled or Deleted – What Are the Legal Implications?

2.1. The Right to File for Divorce Still Exists

The 2014 Law on Marriage and Family confirms that any individual has the right to initiate a divorce to end a marital relationship, regardless of their current residential registration status.

• For consensual divorce: Spouses may mutually agree to file at a court even if they no longer have a permanent residence, provided they can prove a valid temporary residence elsewhere.

• For unilateral divorce: Article 39 of the 2015 Civil Procedure Code allows the petitioner to file at the court where the respondent resides or at their last known permanent residence if the address is known.

2.2. When Permanent Residence Is Deleted and Current Address Is Unknown

If the other spouse has had their permanent residence deleted due to prolonged absence and has not registered elsewhere, the petitioner can still initiate a unilateral divorce. The court may proceed based on the last known address or the location of the respondent’s assets.

The court may also consider the respondent to be intentionally hiding their address and accept the case for processing according to standard procedure without returning the petition, as stipulated in Article 192 of the 2015 Civil Procedure Code.

2.3. Lack of Permanent Residence May Cause Challenges, But Not Legal Barriers

Not having permanent residence in Vietnam—or having it deleted—does not invalidate a person’s legal right to divorce in Vietnam. However, it can lead to difficulties such as:

• Challenges in determining the court with proper jurisdiction;

• Issues in delivering court documents and summonses;

• Increased time and costs if legal assistance is needed.

3. How to File for Divorce Without Permanent Residence

3.1. Determining the Court with Jurisdiction

• If the last known address is available (even if permanent residence has been deleted), the petitioner can file at the court in that area or where the respondent’s assets are located.

• If the respondent's address is unknown and they are avoiding communication, the court may still process the case if it determines the avoidance is intentional.

3.2. Preparing Divorce Documents

• Unilateral divorce petition or mutual consent divorce form (if both parties agree);

• Copies of ID card/passport, marriage certificate, and children's birth certificates (if any);

• Documents proving joint assets, debts, and child custody rights (if contested);

• If the other party is missing or absent, include a court decision declaring them legally missing (if available).

3.3. Legal Process

• File the petition at the appropriate court (as determined above);

• The court will accept and review the case and proceed with mediation (for both consensual and contested divorces);

• If mediation fails, a trial will be held; if the respondent is absent and mediation is not possible, the court may still proceed with a judgment once all required documents are in place.

4. Conclusion and Recommendations

Canceling or deleting your permanent residence does not invalidate your right to file for divorce in Vietnam.

What matters is that you are still eligible to file for either a unilateral or consensual divorce under the 2014 Law on Marriage and Family and the 2015 Civil Procedure Code.

To make the process smoother, you should:

• Clearly identify the place of residence or the court with jurisdiction;

• Prepare all required documents accurately and completely;

• Consider using legal services—especially in cases where permanent residence has been deleted or the other spouse is untraceable.

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