1. Why is it important to understand the procedures?

Ms. A, a Vietnamese citizen, married her Korean husband in Ho Chi Minh City in 2018. Currently, her husband is working in South Korea, and both parties have agreed to a mutual divorce. However, Ms. A faced challenges in preparing the documents due to unclear court jurisdiction, the need to authenticate Korean documents, and uncertainty over how to process an “absentee” case that would be accepted by the court. Based on this real-life situation, DEDICA shares the proper legal process to help you avoid unnecessary time, effort, and emotional distress.

Legal Regulations & Jurisdiction for Divorces with Foreign Elements

1. Jurisdiction in Vietnam

According to the 2015 Civil Procedure Code, divorce cases between a Vietnamese citizen and a foreigner fall under the jurisdiction of the Provincial People's Court if one party resides abroad or has long-term temporary residence in Vietnam.

2. Mutual and Unilateral Divorce

Mutual Divorce: Requires a petition signed by both parties, marriage certificate, passports/ID cards, household registration, children's birth certificates, etc.
Unilateral Divorce: Requires a petition stating reasons (e.g., infidelity, abuse) along with documents proving residency and relevant evidence.

A Case Example – Mutual Divorce When the Korean Husband Is Absent

Step 1 – Preparing the Documents

According to the guidance from Hung Bach Law Firm, the documents include:

Petition for mutual divorce recognition (Form 01-VDS)
Original marriage certificate
Passports or ID cards of both spouses
Birth certificate of the child(ren), household registration or temporary residence book
Copies of property documents (if there's a dispute)
Request for absentee trial if the husband is in South Korea

For the Korean spouse, all documents must be translated into Vietnamese and legalized at the Vietnamese Embassy in South Korea.

Step 2 – Filing & Acceptance

Submit documents directly or via the online portal/postal mail to the Provincial People's Court where the Vietnamese spouse resides.

The court reviews the file within approximately 8 working days. If the file is valid, they will request the payment of a court fee advance (150,000 VND per party for mutual, 300,000 VND for unilateral cases).

Step 3 – Mediation & Trial

In mutual divorce cases: if mediation is successful, the court will issue a divorce decision within 7 days.
If one party is absent (e.g., the Korean husband), the court will conduct an absentee trial once the absence is properly justified with legalized documentation.

Processing time is approximately 2–4 months for mutual divorce, 4–6 months for unilateral cases, and up to 12 months if absentee procedures apply.

Lessons Learned – Practical Insights from Actual Cases

1. Lessons from a Typical Case

Correct Court Jurisdiction: Determine the court based on the Vietnamese spouse’s residence.
Valid Documentation: Especially for absentee cases—passports, translations, and legalized documents are critical.
Clear and Legally Valid Absentee Trial Request: Ensure that this document is properly drafted and legalized.
Consult a Lawyer: To ensure no loss of rights related to property, alimony, or child custody.

A law firm notes: “If both parties agree on children and property matters, mutual absentee divorce can save significant time and cost—but the documents must be complete, properly signed, and certified according to legal templates.”

2. Risks of Non-compliance

Incomplete documents (e.g., missing translations or legalizations) may be rejected.
Submitting to the wrong court may delay or nullify the case.
Without an absentee trial request, the court may cancel the hearing or demand the absentee party to attend in person.

Conclusion & Call to Action

Divorce procedures in Vietnam involving a Korean husband—whether mutual or unilateral—are entirely feasible without the Korean party returning to Vietnam. Key requirements include:

Preparing full documentation: marriage certificate, passports, children's birth certificates, and related papers
Accurate translations and proper consular legalization
A legally valid absentee trial request filed with the correct provincial court
Payment of court fees as required, and legal representation in property or custody disputes if needed

Full-Service Divorce Support from DEDICA LAW FIRM

Comprehensive consultation and review of documents based on the latest regulations
Drafting of mutual/unilateral petitions and absentee trial requests
Legalization of documents at the Vietnamese Embassy in South Korea and certified translation
Court representation: filing, follow-up, mediation, and trial support
Protecting clients’ interests in asset division, child custody, and alimony

Contact DEDICA Law Firm for expert legal consultation!

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Divorce Procedures in Vietnam When the Husband Is Korean