Divorce Procedures in Vietnam When One Party is a Foreign National

Jun 13

1. Definition & Jurisdiction

A divorce involving a foreign element occurs when at least one of the spouses is a foreign national, a Vietnamese residing abroad, or if the marital assets are located overseas.

If the foreign spouse is residing or domiciled in Vietnam → the district-level People's Court where that person resides or temporarily resides has jurisdiction.
If the foreign spouse resides abroad and the Vietnamese spouse resides in Vietnam → the provincial-level People’s Court where the Vietnamese spouse resides has jurisdiction.
In special cases involving border-area residence as stipulated in Articles 35 and 37 of the Civil Procedure Code 2015, district-level courts may also have jurisdiction.

2. General Procedure Steps

A. Document Preparation

You will need the following:

Petition for divorce or a request for mutual consent divorce (using the Court's standard form).
Marriage certificate (original or extract; if married abroad, it must be legalized and registered with the Department of Justice in Vietnam).
ID/passport of both spouses (certified copies).
Household registration book or proof of residence (certified copies).
Birth certificate(s) of any children (if applicable).
Documents on shared marital assets (certified copies).
Documents proving one party resides abroad: passport, residence documents, address, etc.

Note: If the marriage was registered abroad, it must be registered in Vietnam before filing for divorce.

B. Filing & Court Acceptance

Submit the file to the court with appropriate jurisdiction (as per Section 1).
The court reviews the documents within 7–15 days. If valid, it will request the petitioner to pay the advance court fee.

Court fee: VND 300,000 if there is no asset dispute. If there is a dispute, the fee is calculated based on the value of the contested assets.

C. Mediation & Hearing

The court will organize a mediation session (this is often applied in practice even though it's not legally required at the ward/commune level).
If mediation fails or in unilateral divorce cases, the court proceeds to a first-instance hearing.

Processing time:

Mutual consent: approximately 3–4 months.
Unilateral divorce: 4–6 months (first instance) and 3–4 months (appeal, if any).

3. Special Case: One Party Absent

If the foreign party is absent:

A request for in-absentia adjudication can be submitted, along with a sworn statement agreeing on matters such as child custody and asset division. Documents signed abroad must be notarized/legalized at a Vietnamese Embassy/Consulate.
The court will proceed with judicial entrustment, sending official notices through consular channels or the foreign court under Circular 12/2016.
The petitioner must cover the fees for entrustment, translation, notarization, and postal services.

4. Court Fees & Related Costs

Court fee advance: VND 300,000 if no asset disputes; otherwise, calculated based on asset value.
Additional fees may include judicial entrustment, translation, legalization, notarization, etc., for cases involving foreign elements.

5. Post-Divorce Issues: Residency Card, Custody & Property

The foreign spouse may lose their TT visa/residency card after the divorce.
Issues concerning child custody, alimony, and asset division will be decided based on mutual agreement or legal principles. For assets located abroad, the law of that country applies.

6. Tips for a Smooth Divorce Process

Ensure marriage registration in Vietnam if married abroad.
Prepare bilingual documents; ensure proper notarization/legalization.
Accurately determine the court's jurisdiction to avoid filing errors.
If the foreign party is abroad, prepare for absentia filing and judicial entrustment.
Be ready to pay necessary fees for translation, legalization, and court proceedings.
If necessary, consult an international family law attorney to protect your rights.

Conclusion

Divorcing a foreign spouse in Vietnam requires complete documentation, international legalization (if applicable), and possibly complex procedures such as judicial entrustment. Mutual consent cases are faster (3–4 months), while unilateral cases can take longer (4–6 months or more if appealed). To avoid complications, it's best to seek advice from a lawyer who can tailor solutions to your specific situation.

Contact DEDICA Law Firm today for expert legal advice!

Phone: (+84) 39 969 0012 (We are available on WhatsApp, WeChat and Zalo)
Head Office: 144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City, Vietnam
Hours: Monday–Friday (8:30 am – 6:00 pm)

Call us now or leave us a message to get advice. Initial consultation is free of charge.