Divorce Between a Vietnamese and a Foreign National

1. If One Party Is Absent – Can the Court Proceed Without Them?

According to the 2015 Civil Procedure Code (CPC) of Vietnam, the absent party may request the court to proceed in their absence, provided they submit a written request and a legitimate reason.

In a mutual consent divorce, the party residing abroad can send a “Request for Trial in Absence” along with other required documents either by mail or via a Vietnamese embassy or consulate in the host country.

Once the court receives a complete dossier, it may proceed to issue a divorce decision or recognition without holding a reconciliation session if the absent party has requested to be excused.

2. Who Can Represent the Absent Party in Court?

Under Article 85 of the 2015 CPC, the absent party is not allowed to authorize another person to represent them in a standard divorce proceeding.

Exception: If the absent party has lost legal capacity or is a victim of serious domestic violence, their parents or close relatives may act on their behalf, in accordance with Article 51 of the 2014 Law on Marriage and Family.

3. Special Cases: When the Absent Party’s Address Is Unknown or They Cannot Return to Vietnam

If the absent party has left Vietnam and their current address is unknown, the court may still proceed with the divorce case after receiving the request for trial in absence and initiating judicial entrustment procedures if necessary.

The court will send summons via the Vietnamese embassy or consulate. If there is no response or contact, the court may still proceed with a trial in absentia.

Divorce procedure when one party is absent

4. Detailed Procedure When One Party Is Abroad

Step 1: Prepare Documentation

Petition for mutual consent divorce or complaint for unilateral divorce.
Marriage certificate, passport/ID (CMND/CCCD).
Child’s birth certificate (if applicable), property-related documents (if contested).
Request for trial in absence from the party abroad.
If the marriage was registered abroad, documents must be legalized before submission.

Step 2: Submit Documents

Documents can be submitted directly to the Provincial Court where the Vietnamese spouse resides, by post, or via a lawyer authorized for ancillary tasks (e.g., court fee payment).

Step 3: Court Acceptance

Within 8 working days, the court will verify the validity of the documents. If complete, the court will require payment of a court fee advance and officially accept the case.

Step 4: Mediation & Trial

For absent parties who have submitted the appropriate request, the court will not conduct mediation.

The court will proceed with a trial in absentia.

For mutual consent: the court will issue a decision to recognize the divorce immediately.
For unilateral divorce: the case is processed within 5–7 months on average.

5. Timeframe & Cost

Mutual consent divorce with an absent party: typically lasts 3–4 months due to judicial entrustment.
Unilateral divorce with foreign elements and absent party: 12–24 months, as it involves multiple legal procedures and international communications.

Conclusion

A person residing abroad can still divorce in Vietnam, as long as one party resides in Vietnam.

The absent party must submit a written request for trial in absence (they cannot authorize a lawyer to represent them in the actual divorce proceedings).

The court may proceed with a trial in absentia if the absent party fails to show up without a valid reason or has submitted a request to be tried in absence.

With clear legal guidelines in place, the process can be handled effectively if all requirements are met.

If you need personalized legal consultation, assistance in preparing proper documentation, or support for court representation while you’re absent, DEDICA is here to help:

File preparation & trial-in-absence procedures
Legalization & translation of foreign documents
Court representation if you cannot return
Legal advice on property division, child custody, and legal security
Commitment to timely and precise processing

Contact DEDICA Law Firm for expert legal consultation!

📞 Hotline: (+84) 39 969 0012 (Available on WhatsApp, WeChat, and Zalo)

🏢 Head Office: 144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City

🕒 Business Hours: Monday – Friday (8:30 AM – 6:00 PM)

Reach out today for a free initial consultation with our team of professional lawyers!

Divorce Between a Vietnamese and a Foreign National: Who Represents the Absent Party?