Common Mistakes That Lead to the Rejection of Divorce Documents Involving Foreign Elements in Vietnam

Divorce involving foreign elements is often more complex than regular divorce cases. As a result, applications are more likely to be returned or require additional documents if they are incomplete or incorrect. Below are some common mistakes to avoid to ensure a smooth process.

1. Missing or Incorrect Documents – A Major Cause of Rejected Divorce Applications Involving Foreign Elements

Invalid or Unregistered Marriage Certificate in Vietnam

If the marriage took place abroad, the marriage certificate must be legalized by consular authentication and registered at the Department of Justice in Vietnam. Failing to do so will result in the court rejecting the application, as the marriage will not be recognized under Vietnamese law.

Invalid or Unauthenticated Personal Identification Documents

ID cards, passports, proof of residence (household registration, temporary residence, temporary residence cards, etc.) must be notarized or certified true copies. For foreign documents, consular legalization is also required. Missing or unauthenticated documents will lead to rejection.

Missing Child’s Birth Certificate (if applicable)

For divorce cases with foreign elements and children involved, a certified copy of the child's birth certificate is mandatory. Missing this document is a common error.

Lack of Evidence for Joint Property (in case of property disputes)

In cases where there is a property dispute—especially involving overseas assets—documents proving ownership are required. Without these, the court will reject the application.

2. Incorrect Jurisdiction and Legal Process – Another Common Pitfall

Filing at the Wrong Court

According to the Civil Procedure Code, divorce cases involving foreign elements fall under the jurisdiction of provincial-level People's Courts where the defendant resides or where the real estate is located.

In special cases, such as divorce between a Vietnamese citizen and a foreigner living in a border area, the district-level People's Court may have jurisdiction.

Submitting your documents to a court without jurisdiction will result in your application being returned.

Incorrect or Incomplete Divorce Petition

• Mutual consent divorce: A Request for recognition of consensual divorce with signatures from both parties is required.

• Unilateral divorce: A Lawsuit Petition for unilateral divorce following the court's template is needed. Filing the wrong form will result in the court refusing to process your case.

3. Failure to Complete Divorce Record Notation – May Lead to Rejection or Denial

If the divorce was processed and ruled upon by a foreign court, registering it in Vietnam requires submitting a divorce record notation application.

Missing a Valid Foreign Divorce Judgment

A certified translated copy of the foreign divorce judgment, legalized by consular authentication, must be submitted. If the document does not meet the conditions under Article 428 of the 2015 Civil Code, the application will be denied.

Incomplete or Conflicting Information

If documents are incomplete or contain conflicting information, the civil status authority may require an interview or request supplemental documents. In the event of a rejection, a written explanation will be provided, and you must revise and resubmit.

How to Avoid “Returned Divorce Applications” Involving Foreign Elements

• Legalize all necessary foreign documents (marriage certificates, foreign divorce judgments) and register them with the Department of Justice.

• Certify identification and residence documents—legalize foreign documents when required.

• Submit to the correct court with jurisdiction under the Civil Procedure Code.

• Choose the correct type of divorce petition—either mutual or unilateral, using the proper court-approved form.

• If children or property disputes are involved, submit birth certificates and valid ownership evidence.

If you're facing challenges with your divorce documents involving foreign elements—especially if they've been returned multiple times or you're unclear about the reason—let Dedica Law Firm guide you. We offer clear, step-by-step legal support, from document legalization and court jurisdiction determination to preparing a complete and acceptable file, and even court representation.

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