Divorce Between a Vietnamese and a Taiwanese Citizen – Is It Necessary to Go to Taiwan?

1. Are You Currently in Vietnam or Taiwan – Where Should You File for Divorce?

1.1. Mutual Consent Divorce – No Need to Go to Taiwan if Proceeding in Vietnam

If one spouse is Vietnamese and the other is Taiwanese—and both parties can reach an agreement on matters such as property division and child custody—then a mutual consent divorce is possible. According to Article 127 of the 2014 Law on Marriage and Family, this case can be resolved in Vietnam at the provincial-level People’s Court where the Vietnamese citizen resides.

If the Taiwanese spouse is unable to return to Vietnam, the divorce can still be carried out through a power of attorney and the following documents:

• A petition for trial in absentia

• A written statement of opinion

• A notarized/legalized power of attorney

• Identification documents of the authorized representative

1.2. Unilateral Divorce – The Vietnamese Party Files in Vietnam, the Taiwanese Spouse May Be Absent

If the Vietnamese spouse wants a divorce but the Taiwanese spouse does not agree or cannot return to Vietnam, it is completely legal to file a unilateral divorce in Vietnam at the court where the Vietnamese party resides. The court may proceed in the absence of the Taiwanese party, provided that all documents are valid, legalized, and the other party is properly notified in accordance with regulations.

2. When Is It Necessary to Go to Taiwan for a Divorce?

2.1. Both Spouses Reside Permanently in Taiwan – The Divorce Should Be Filed in Taiwan

According to Clause 2, Article 127 of the Law on Marriage and Family, if both spouses do not reside in Vietnam and live together in Taiwan, the divorce procedures should follow the law of the country of joint residence—that is, Taiwan.

Taiwanese law allows for mutual consent divorce to be done through a written agreement and confirmation without court proceedings, as long as both parties agree and at least two witnesses sign.

2.2. Divorce Already Finalized in Taiwan – Recognition Needed in Vietnam

If the divorce has already been finalized in Taiwan but needs to be recognized in Vietnam, the following steps are required:

• Legalization of the Taiwanese divorce judgment

• Translation and notarization into Vietnamese

• Submission to the local People’s Committee or relevant authority for registration of the divorce recognition in Vietnam

3. Practical Notes

• Prepare complete documentation: marriage certificate (original or certified copy), household registration book, ID card/passport, child’s birth certificate (if any), property and residency documents

• Legalize and notarize translated documents from Taiwan if they are to be submitted in Vietnam

• Processing time: mutual consent divorce in Vietnam usually takes 3–4 months; unilateral divorce may take 9–12 months due to international judicial entrustment

• Common difficulties include: lack of information about the Taiwanese party, rejected applications, delays, unregistered marriage in Vietnam if originally registered in Taiwan… It is recommended to consult with a lawyer for proper guidance

Conclusion – “Is It Necessary to Go to Taiwan?”

• Not necessary if the Vietnamese party still resides in Vietnam and wants to file for divorce (either mutual or unilateral)—the process can be carried out in a Vietnamese court, even if the Taiwanese spouse is not in Vietnam.

• Necessary if both parties reside together in Taiwan and do not have residency in Vietnam—in this case, filing for divorce in Taiwan is the most appropriate. If needed, the divorce can later be recognized in Vietnam through registration procedures.

If you're in this situation—don’t let legal procedures overwhelm you! You should:

• Clearly determine where both of you currently reside, and which type of divorce applies (mutual or unilateral)

• Prepare your documents thoroughly, and if the Taiwanese party cannot return to Vietnam, ensure documents are legalized and proper authorization is in place

• Prioritize consulting with a lawyer experienced in international divorce to save time and avoid legal risks.

Contact DEDICA Law Firm for expert legal consultation!

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