Divorce and Land Disputes in Vietnam: What Rights Do Foreigners Have?
Legal Regulations on Divorce Involving Foreigners in Vietnam
1. Which court has jurisdiction over divorce cases?
According to Article 127 of the Law on Marriage and Family 2014 and the Civil Procedure Code 2015, most divorce cases involving foreign elements are handled by provincial or municipal courts in Vietnam, except in cases where both spouses reside abroad and agree not to apply Vietnamese law.
If one spouse resides abroad and the other in Vietnam, Vietnamese courts have jurisdiction.
If both spouses live abroad but in different countries, Vietnamese courts may still handle the case.
2. What are the required documents and procedures?
Required documents include:
Divorce petition (mutual consent or unilateral)
Original marriage certificate (with consular legalization if issued abroad)
Passport
Child’s birth certificate (if any)
Proof of the foreigner's residence or temporary stay in Vietnam
Foreign documents must be translated into Vietnamese and consularly legalized.
The application can be submitted directly, by post, or via the online portal of the competent court.
The party residing abroad may not need to appear in court if they submit a request for trial in absentia along with a legally valid power of attorney.
3. Asset division during divorce – especially land in Vietnam
Under the 2014 Law on Marriage and Family, if assets cannot be proven as separate property, they are presumed to be marital property and will be divided equally or as agreed by both parties.
Division principles: equality, fairness based on contributions, protection of the weaker party, and respect for prenuptial agreements.
What Rights Do Foreigners Have in Land Disputes in Vietnam?
1. Can foreigners own land in Vietnam?
According to the 2013 Land Law, foreigners are not allowed to own or use land in Vietnam. They can only own housing or assets attached to land. Foreigners cannot be granted land use rights or lease land on a long-term basis as Vietnamese citizens can.
2. In marriage, is land property considered joint or separate?
If land is acquired during the marriage, it is presumed to be joint property—even if the title is in the name of the foreign spouse or a third party—unless clear evidence shows it is separate property.
To transfer jointly owned land, written consent from both spouses is required. The foreign spouse cannot unilaterally decide, even if their name is on the land use certificate (red book).
3. What happens in land disputes during divorce?
Foreigners retain the capacity to participate in civil procedures in Vietnamese courts (if recognized under Vietnamese law) and may request the division of marital assets—even though they cannot own land. The court may apply Vietnamese or foreign laws depending on where the assets are located and the nationalities of the parties involved.
If the assets are located outside Vietnam, the law of that country applies. If the assets are in Vietnam, Vietnamese laws such as the 2014 Law on Marriage and Family and the 2015 Civil Code will apply.
4. Protecting foreigners' rights in land disputes:
Foreigners should carefully prepare proof of separate property (e.g., purchase documents, inheritance, or personal gifts); otherwise, such assets may be deemed joint and subject to division.
For assets located abroad, a prenuptial agreement or clearly drafted documents—with proper translation—should be prepared to avoid misclassification as joint property.
FAQ: Frequently Asked Questions
• If the divorce takes place abroad, can I request division of land in Vietnam?
Yes. If the property is located in Vietnam, even if the divorce occurs abroad, you may still request the Vietnamese court to divide the property under Article 34 of the 2015 Civil Procedure Code.
• If one spouse hides land assets, is there a way to claim a share?
The court may request asset declarations, freeze assets, or involve competent authorities if there are signs of concealment.
• Do foreigners need to appoint a representative if they cannot be present in Vietnam?
Yes. Foreigners may authorize a capable representative (e.g., a lawyer) to act on their behalf in court with a valid power of attorney and a request for trial in absentia. The documents must be legalized and translated properly.
Conclusion
In summary, in Vietnam, foreigners involved in divorce proceedings have specific rights:
The right to file for divorce (either mutual or unilateral).
The right to request the division of marital property, including land in Vietnam (though they cannot own land use rights).
The right to protect separate property if proven; otherwise, the assets are considered joint.
For assets abroad, the applicable law may be that of the country where the assets are located, depending on the conflict-of-law rules.
Trusted Legal Guidance When Choosing a Lawyer in Vietnam
Prioritize legal counsel from experienced law firms with expertise in international marriage and land dispute cases involving foreigners.
Prepare thorough evidence: prenuptial agreements, proof of ownership, properly translated and legalized documents.
Always define whether the assets are domestic or foreign to determine the applicable law and best protect your rights.
Contact DEDICA Law Firm for expert legal consultation!
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