Real-life Case: Ms. N – No Registration in Vietnam, Husband in China, Wants a Divorce

Ms. N (Vietnamese) and Mr. T (Chinese) held a wedding ceremony in Guangdong in 2016. They lived together in China until 2019 and had a daughter. Due to circumstances, Ms. N returned to Vietnam in 2020 and had not completed the “marriage annotation” procedure in Vietnam. Since then, Mr. T has rarely contacted her and has not contributed to child support. In 2025, Ms. N decided to divorce and seek custody. However, because she lacks a legally recognized marriage certificate in Vietnam, she faced difficulties filing a lawsuit and proving her marital status in Vietnamese court.

Legal Issues and Vietnamese Court Jurisdiction

1. Marriage Annotation vs. Marriage Certificate for Recognition

Under the Civil Status Law and Decree 123/2015, foreign marriages must be “annotated” in the civil status book in Vietnam to be legally recognized there. Without this, Ms. N does not have a valid marriage certificate in Vietnam. Legally, the court may not recognize her as Mr. T’s wife and may reject her divorce petition.

2. Jurisdiction Over Foreign-related Divorces

According to Article 127 of the Law on Marriage & Family 2014, even if one party is a foreigner, the divorce can still be handled by a Vietnamese court if the proceedings take place in Vietnam and the Vietnamese spouse resides there.

This means Ms. N is fully entitled to file a lawsuit at the provincial court (in Ho Chi Minh City) where she currently resides, even if the marriage wasn’t registered in Vietnam.

Divorce Procedures Without Marriage Annotation in Vietnam

Step 1 – Complete Documentation Proving the Marriage

Although she lacks a Vietnamese marriage certificate, Ms. N can submit the original or certified copy of the marriage certificate issued in China, with translation and consular legalization for court acceptance.

She should also prepare:

Mr. T’s passport and visa;
Her ID and household registration;
Child’s birth certificate;
Proof of cohabitation in China (e.g., photos, bills, messages).

Step 2 – State the Reason for Not Annotating the Marriage

In her petition, Ms. N should clearly state why she did not annotate the marriage in Vietnam (typically due to residing abroad). This helps the court understand her case and avoid rejection.

Vietnamese Court Process and Absent Spouse Handling

1. File Petition at the Provincial People’s Court

Ms. N will file her case at the Ho Chi Minh City court, submitting documents including the divorce petition, legalized marriage certificate, child’s birth certificate, her ID and residence papers, proof of cohabitation, and property (if applicable).

2. Establish the Husband’s Address in China for Document Delivery

The court requires a verifiable address for judicial entrustment. If Ms. N cannot confirm this, the court may request assistance from Chinese authorities or issue an in absentia notice.

3. In Absentia Trial

If Mr. T does not return, Ms. N may request an in absentia trial. By law, the court may proceed without the other party if proper notification has been attempted twice and the request for absence is justified.

Challenges and Practical Experience from Dedica

1. Prepare Documents “As If Married in Vietnam”

Dedica advises that even if married in China, all documents—marriage certificate, marriage affidavit, child’s birth certificate—must be translated and legalized, with sufficient proof of cohabitation.

2. Annotation Not Mandatory but Highly Important

If annotation is missing, Ms. N should provide a reasonable explanation (e.g., unawareness or lack of conditions). Dedica assists in drafting such statements and gathering supporting documents.

3. Verify Husband’s Address and Proactively Request In Absentia Trial

Ms. N should supply a verifiable address (via passport, visa, bills, or letters). Dedica can verify this through the Chinese embassy to prevent trial delays.

4. Advise Cooperative Yet Firm Legal Strategy

Send a final notice to request Mr. T’s cooperation—acts as both goodwill and legal proof.
Propose asset and child custody agreements via mediation before court action.
Emphasize the child’s best interest and Ms. N’s parenting responsibilities.

Dedica’s Legal Advice and Recommendations

Prepare complete documentation: foreign marriage certificate, passports, child’s birth certificate, long-term cohabitation evidence.
Translate and legalize documents for court recognition in Vietnam.
Clearly explain lack of annotation to support your legal claim.
Verify the husband’s address in China to enable document service and in absentia trial.
Have custody and property agreements ready to facilitate mediation or support trial submissions.
Proactively request in absentia trial if the husband is unresponsive.
Hire a lawyer fluent in Chinese and well-versed in international law to save time and improve your chances of success.

Conclusion

Even without a marriage registration in Vietnam, you still have the legal right to file for divorce and seek child custody—provided you prepare complete documentation, verify your marriage, and gain court acceptance. Dedica Law Firm, with years of experience, has successfully assisted in similar cases: from marriage annotation and document legalization to foreign address verification and court representation. Let us support you in protecting your rights and your child’s future—efficiently, legally, and effectively.

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Divorce Between a Vietnamese Wife and a Chinese Husband Without Marriage Registration in Vietnam