Divorce When a Foreigner Has Acquired Vietnamese Nationality – What’s Different?
1. Foreigners with Vietnamese nationality – Is it still considered a “foreign element”?
It may seem that acquiring Vietnamese nationality would simplify the legal process in divorce cases. However, in reality, divorcing a foreigner who has obtained Vietnamese citizenship may still be classified as a case involving foreign elements. This depends on several factors such as their actual place of residence, the documents they use, and specific circumstances related to assets, children, or ties to another country.
2. What is a divorce involving foreign elements?
According to Article 127 of the 2014 Law on Marriage and Family, a divorce with foreign elements occurs when:
One party is a Vietnamese citizen, and the other is a foreigner;
Both are Vietnamese citizens but one resides abroad;
The divorce is carried out abroad or involves foreign property or child custody issues.
This means that individuals with dual citizenship (Vietnamese and foreign) may still be considered foreigners in divorce proceedings if:
They reside abroad long-term;
They use a foreign passport;
Their rights and obligations (e.g., related to property or children) involve foreign jurisdictions.
On the other hand, if such a person resides in Vietnam, uses Vietnamese documents throughout the marriage, and no foreign elements arise, the case may be treated as a domestic divorce, with no need for international divorce procedures.
3. Divorce procedures when one party has a foreign nationality (even if they also hold Vietnamese nationality)
When divorcing someone with dual citizenship or a foreigner who has naturalized in Vietnam, the procedure depends on their place of residence and specific circumstances. There are two common scenarios:
3.1. The person with foreign nationality resides in Vietnam
This is a common situation, especially for overseas Vietnamese or foreigners who have settled long-term in Vietnam. In this case:
If both parties reside in Vietnam, the divorce is processed as a domestic case.
If there are disputes over assets or child custody, the case will be handled by the district court (or the provincial court if the case is complex).
If both parties agree to divorce: they may submit a petition for mutual consent along with agreements on property division and child custody.
If one party does not agree: unilateral divorce procedures apply, with the petition submitted to the court where the respondent resides or works.
3.2. The person with Vietnamese nationality resides abroad
If the naturalized Vietnamese citizen currently lives abroad, the divorce case is typically considered as involving foreign elements:
Jurisdiction falls under the provincial People’s Court where the petitioner (the one filing for divorce) resides.
More detailed documentation is required, and documents from abroad may need to be legalized via consular authentication.
If the person abroad is uncooperative or unresponsive, the court may proceed with in-absentia judgment under Vietnamese law.
In more complex cases (e.g., asset disputes spanning multiple countries), legal representation in Vietnam or a power of attorney for a relative or lawyer may be necessary.
4. Required divorce documents in Vietnam
A complete and accurate divorce dossier helps save time and minimize risks during legal proceedings. Essential documents include:
Divorce petition (mutual or unilateral);
Original marriage certificate (or extract if lost);
National ID/passport of both parties (or certified copies);
Household registration book or residence confirmation;
Birth certificate(s) of any children;
Documents proving ownership of assets: land title, sales contracts, bank statements, etc.;
Residence or temporary stay documents of the foreign party, if available.
Documents sent from abroad must be consular legalized and translated into Vietnamese with notarization either in Vietnam or through Vietnamese diplomatic missions abroad.
5. Divorce procedure involving foreign elements
Submit documents to the competent People’s Court (district or provincial, depending on the case);
The court reviews the application and issues a notice of acceptance;
Serve notice to the respondent (if abroad, the court may coordinate with diplomatic authorities for delivery);
Mediation session: if no agreement is reached, the court proceeds with trial;
Trial and judgment: the court issues a divorce ruling, settles custody and asset division;
Enforcement of judgment: if disputes exist, enforcement may be required.
The process typically takes 3 to 6 months but may extend if the case involves parties residing abroad or assets located internationally.
6. Is a lawyer necessary when divorcing someone with both Vietnamese and foreign nationality?
In divorces involving foreign elements—even when one party has Vietnamese citizenship—legal representation is highly recommended to:
Accurately assess nationality, residency, and applicable law;
Prepare proper documentation and avoid procedural errors;
Represent clients in court and before government agencies;
Protect rights regarding children, property, and humanitarian concerns;
Assist with enforcement, particularly when the other party is abroad or uncooperative.
DEDICA Law Firm is experienced in handling international divorces. We understand the challenges faced by Vietnamese living overseas and the legal complexities when one party has dual nationality or resides abroad.
7. Conclusion: Don’t assume Vietnamese nationality means no foreign elements
Acquiring Vietnamese citizenship does not automatically make a divorce purely domestic. Determining whether foreign elements are involved depends on:
Which nationality was used during marriage registration;
Current residence and the documents being used;
Ties to assets or children abroad.
Proper preparation, accurate jurisdiction assessment, and legal guidance from an expert in international family law are essential to ensure a lawful, efficient, and risk-free divorce process.
Contact DEDICA Law Firm for expert legal consultation!
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