Real Case Example

In 2024, Mr. Thomas (U.S. citizen) and Ms. Maria (German citizen) got married and lived in Ho Chi Minh City. After two years, they decided to separate and mutually agreed to divorce. However, at the time of filing, neither resided in Vietnam. They submitted their petition to the provincial-level People’s Court in Vietnam. The court proceeded with conciliation and declared a mutual consent divorce, despite both parties being absent and represented by power of attorney. This clearly demonstrated that foreign nationals have the right to file for divorce in Vietnam.

1. Legal Grounds – Who Has Jurisdiction When Both Parties Are Foreigners?

1.1. Jurisdiction of Provincial Courts

According to Article 127 of the 2014 Law on Marriage and Family, divorce between foreign nationals — or where both spouses are foreigners — falls under the jurisdiction of the provincial-level People’s Court if the marriage was registered in Vietnam or the couple resided in Vietnam.

1.2. Types of Divorce

Mutual Consent: Both parties agree to divorce and have reached an agreement on child custody and property.
Unilateral Divorce: One party files independently, and must prove the marriage has irretrievably broken down due to abuse, serious violation of marital duties, etc.

2. Required Documents and Procedures in Vietnam

2.1. Documentation Needed

Divorce petition (mutual or unilateral);
Original marriage certificate;
ID/Passport of both spouses;
Child’s birth certificate (if applicable);
Proof of shared property (if applicable);
For foreign nationals: passport, proof of residence in Vietnam (if any), all foreign documents must be legalized and notarized in Vietnamese.

2.2. Where to File and Jurisdiction

Mutual Consent: File at the provincial court where either spouse resides in Vietnam.
Unilateral: File at the court where the respondent resides in Vietnam. If both parties are absent or no longer reside, file at the provincial court.

2.3. Mediation and Court Hearings

Mutual Consent: Within three working days of receiving the petition, the court will initiate mediation and schedule a hearing — typically resolved within 2–3 months.
Unilateral Divorce: If mediation fails, the court will proceed to trial. If a party is absent, they may authorize someone or submit a request to be absent. Resolution may take 6–12 months, or 12–24 months for complex cases involving property or international service of process.

3. Key Differences When Both Spouses Are Foreigners

3.1. Faster Mutual Divorce

If both parties are in Vietnam, the process may be completed within 15–20 working days. Even if not in Vietnam, they may authorize a representative to handle the divorce — as long as the documentation is complete and valid.

3.2. Complex Unilateral Divorce

If one party refuses to cooperate, the process becomes more complicated. It requires substantial proof, mediation attempts, and extended trial times. If a party is overseas, international judicial assistance must be used to serve documents.

4. Division of Property and Child Custody

4.1. Property Division

If parties reach an agreement, the court will approve it.
If not, the court will divide the property equally but consider contributions, living conditions, and other factors.

4.2. Child Custody

The court prioritizes the child’s best interests, considering the living environment, caregiving ability, financial conditions, and the child’s preferences if aged 7 or older.

5. Timeline and Costs – What to Expect

Mutual Consent: Completed in 2–3 months if present; 15–20 days if both are in Vietnam.
Unilateral Divorce: Takes 4–6 months, possibly 12–24 months for complex or contested cases.
Costs: Court fees are around 300,000 VND for cases without property. If property is involved, fees are based on its value, plus translation, legalization, and international service costs.

6. Practical Lessons – What You Should Know

6.1. Identify the Divorce Type

Mutual consent saves time and cost. If one spouse disagrees, a unilateral case must be filed with clear evidence.

6.2. Prepare Documentation Thoroughly

Legalize and translate foreign documents;
Original documents must be notarized or certified;
Valid power of attorney is required if absent.

6.3. Understand Court Jurisdiction

Only provincial courts can handle divorces involving foreign elements. District courts will not process cases where both parties are foreign nationals.

6.4. Plan for Absence

Prepare sworn statements, notarized signatures, and detailed explanations for the request to be absent.

7. Conclusion & Recommended Actions

Conclusion: Divorce in Vietnam between two foreigners is legal and protected under Vietnamese law, provided all conditions are met. Proper preparation and choosing the right type of divorce will save time and costs. The provincial-level People’s Court has full jurisdiction to resolve such cases.

Recommended Actions:

Determine the correct type of divorce (mutual or unilateral);
Complete and properly translate/legalize your documents;
File at the provincial court where either party resides in Vietnam;
If absent, follow official procedures for authorized representation;
Work with a lawyer to ensure accuracy and efficiency.

About DEDICA Law Firm

DEDICA Law Firm specializes in legal consultancy and representation in foreign-related divorce cases in Vietnam. We provide full services — from documentation preparation, translation, and legalization to direct representation in provincial courts. With DEDICA, you’ll receive professional, efficient, and transparent support to safeguard your rights.

Contact DEDICA Law Firm for expert legal consultation!

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Divorce in Vietnam When Both Spouses Are Foreigners