Guide to Divorce in Vietnam When Married in China
Have you married a Chinese citizen in China but now wish to file for divorce in Vietnam? The legal procedure can be complex, especially if your marriage registered in China has not been “recognized” in Vietnam.
1. When can you file for divorce in Vietnam if the marriage took place in China?
Foreign-related Divorce
According to Clause 25, Article 3 of the 2014 Law on Marriage and Family, if either spouse is a Chinese citizen, the divorce is considered a case involving foreign elements. This leads to additional legal requirements if you intend to divorce in Vietnam.
Marriage Recognition in Vietnam
If you got married in China, the marriage certificate must be recorded at the Vietnamese civil registry (typically the District-level People's Committee) under Decree 104/2022 (amending Decree 123/2015). This is a mandatory condition for the Vietnamese court to accept the divorce petition.
If not recorded, your application may be returned, causing significant delays.
2. Preparing Documents for Divorce in Vietnam
General Documents:
Divorce petition (mutual consent or unilateral) using the Court's template
Marriage certificate (original or certified copy). For marriages registered in China: this must be legalized and translated into Vietnamese with notarized translation, under Decree 111/2011 and the 2024 Law on Notarization
National ID/Passport, household registration or temporary residence book (certified copies)
Child's birth certificate (if any)
Documents proving common property if there are disputes
Additional Documents if the Chinese spouse does not reside in Vietnam:
Documents proving the Chinese spouse’s residence (passport, visa, residence certificate, or address in China)
Foreign documents must be legalized and translated into Vietnamese with notarized translation
If trial in absentia is requested: a power of attorney or a petition for in absentia trial using the Court's template
3. Steps to File for Divorce in Vietnam
Step 1: Record the Marriage in Vietnam
Submit the marriage certificate (legalized and translated) to the District-level People's Committee where you reside. Processing time is usually 5–10 working days.
Step 2: File the Divorce Petition at Court
Location: Provincial People's Court where you reside or temporarily reside, as per Articles 35 and 37 of the 2015 Civil Procedure Code (amended in 2024).
If both parties reside in border areas, the petition may be submitted to the District-level Court as per Clause 4, Article 35.
Step 3: Court Review and Service of Documents
The court will review the application within 7–15 days. If valid, it will issue a notice for advance payment of court fees (300,000 VND if there is no property dispute).
If the Chinese spouse is not in Vietnam, service will be done through international judicial assistance, which can extend the timeline.
To shorten the process, you may submit a request for trial in absentia at the outset if mutual agreement is possible.
Step 4: Mediation or First-Instance Trial
Mutual Consent Divorce: The court will issue a decision if both parties agree on asset division, child custody, and support.
Unilateral Divorce: The court will hold a trial and the petitioner must prove grounds such as violence, duty violations, or serious marital breakdown.
Processing Time
Mutual consent divorce: 2–4 months
Unilateral divorce (foreign elements, with service issues or property disputes): 4–6 months, potentially up to a year depending on complexity
4. Common Challenges and Risk Mitigation
Marriage Not Recorded in Vietnam
If your foreign marriage has not been recorded, the court may reject your application or require supplementary documentation, causing major delays.
Unverified Address of Chinese Spouse
Difficulty in serving court documents via international judicial channels. Lawyers can assist by coordinating with embassies to verify correct addresses.
Improper Legalization or Translation
All foreign documents must comply with legalization and notarized translation regulations. Failure to do so will result in requests for corrections or rejection by the court.
Tips to Speed Up the Process
Mutual consent is strongly encouraged to save time and cost
Request trial in absentia if the Chinese spouse cannot return to Vietnam
Coordinate with lawyers/embassy to confirm address and ensure effective service
Prepare documents carefully to avoid multiple requests for supplementation. Law firms like DEDICA Law have handled many such cases efficiently, often shortening the standard processing time.
Contact DEDICA Law Firm for expert legal consultation!
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