Divorce in Vietnam but Assets Located Abroad – Does the Vietnamese Court Have Jurisdiction?
1. Legal Basis and Definitions
According to Article 127 of the 2014 Law on Marriage and Family, a divorce involving foreign elements includes cases where one party is Vietnamese, the other is a foreign national, or the dispute/assets arise outside of Vietnam.
Under Article 469 of the 2015 Civil Procedure Code, Vietnamese courts have jurisdiction when either the parties or the assets involved are within Vietnamese territory or when foreign elements are present.
2. Jurisdiction Based on Type of Asset
Real estate located in Vietnam:
The provincial-level People’s Court where the asset is located has jurisdiction, pursuant to Article 39 of the Civil Procedure Code.
Assets located abroad:
Resolution of these assets depends on the laws of the country where the assets are located, as per Article 127(3). However, any assets located within Vietnam still fall under the jurisdiction of Vietnamese courts.
3. Special Cases to Note
If both spouses reside in Vietnam and the assets are located abroad, and if the foreign country’s law allows, the provincial court in Vietnam may still handle the entire divorce case without requiring judicial entrustment.
If one party resides abroad or if foreign documentation is required, the provincial court retains jurisdiction, but international judicial cooperation (judicial entrustment) may be needed to verify assets.
4. Procedures and Related Formalities
Determine the competent court:
Mutual consent divorce: the court in the district where either spouse resides.
Unilateral divorce: the court where the respondent resides or where real estate is located.
Required documents include: divorce petition, marriage certificate, documents proving ownership of both domestic and foreign assets, notarized and legalized documents as required.
The court will process the file, verify documents, initiate mediation, and conduct trial proceedings as in typical cross-border cases.
Asset division:
Domestic assets: divided according to Vietnamese law (Law on Marriage and Family).
Foreign assets: subject to the applicable law of the country where the assets are located; however, agreements between parties are respected as long as they do not violate Vietnamese law or ethics.
5. Important Notes & Practical Recommendations
Prepare legalized documents for foreign-held assets to be valid in Vietnamese courts.
Jurisdiction must be carefully verified, especially for real estate within Vietnam.
Judicial entrustment is essential if foreign verification or notarization is needed.
A lawyer specializing in international family law is strongly recommended to ensure full support with documentation, multi-jurisdiction procedures, and to safeguard your legal rights.
Conclusion
Vietnamese provincial-level courts have jurisdiction over divorce cases involving foreign-held assets, provided those assets are not entirely outside Vietnamese legal authority.
Foreign assets are handled based on the laws of the country in which they are located but require recognized proof under Vietnamese legal standards.
Judicial entrustment and expert legal representation are vital to ensuring lawful and effective resolution of cross-border divorce and asset division.
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