Is a Divorce Judgment Issued in Vietnam Valid Abroad?

When couples marry and divorce overseas, the key question arises: Is a divorce judgment issued by a Vietnamese court recognized abroad? And conversely, is a foreign divorce judgment valid in Vietnam? This issue is of great concern to many families when their marital relationship involves international elements.

1. Divorce Judgments Issued by Vietnamese Courts – Are They Recognized Internationally?

1.1. Recognition abroad: depends on treaties and the principle of reciprocity

Vietnam has signed various judicial assistance treaties with countries such as France, Taiwan, etc. If such treaties exist, a divorce judgment issued by a Vietnamese court may be recognized by the partner country based on the commitments within the treaty.
In the absence of a treaty, foreign countries may still recognize Vietnamese divorce judgments based on the principle of reciprocity—meaning that for their judgments to be recognized in Vietnam, they must also recognize Vietnamese judgments.

1.2. Conditions for Vietnamese divorce judgments to be recognized abroad

• The judgment must have legal effect in Vietnam

• The content must not violate public order, morality, or international public law of the recognizing country

• Legal procedures in Vietnam must be valid, ensuring the parties' rights to be summoned and to defend themselves

2. Foreign Divorce Judgments – Are They Valid in Vietnam?

2.1. Two ways to "import" legal effect into Vietnam

According to Article 125 of the Law on Marriage & Family 2014 and the Civil Procedure Code 2015, there are two situations:

• Case 1: If the foreign divorce judgment needs to be enforced in Vietnam, the party must apply for its recognition and enforcement through the Ministry of Justice or the provincial court.

• Case 2: If no enforcement is required and no recognition is sought, the party may still record it in the civil status register at the district-level People's Committee, based on the foreign divorce judgment.

2.2. Conditions for foreign divorce judgments to be recognized in Vietnam

According to Article 423 of the Civil Procedure Code 2015:

• The judgment must pertain to civil/marriage/family matters

• There must be a treaty between Vietnam and the issuing country, or the principle of reciprocity must be demonstrated

• The judgment must be legally valid, follow proper procedure, and not violate Vietnam’s public order or morals

2.3. Time limits and recognition procedures

• Time limit: Within 3 years from the date the foreign judgment takes legal effect; if delayed due to force majeure, the period is paused

• Required documents:

  • Application for recognition and enforcement

  • Divorce judgment + certificate of its legal effect

  • Notarized and consularized translation into Vietnamese

  • Document proving legal service of process and proper summoning of parties

• Procedure:

  1. Submit the dossier to the Ministry of Justice

  2. Transfer to the provincial court

  3. Court accepts the case (within 5 days)

  4. Decision issued within 4 months from acceptance

3. Tips & Notes for Recognizing Foreign Divorce Judgments in Vietnam

• Choose the correct procedure: If you only wish to record the divorce in civil status, full recognition of the judgment is not required

• Complete translation and consularization into Vietnamese is mandatory

• Monitor the 3-year time limit from when the foreign judgment takes effect

• Understand legal treaties between Vietnam and the issuing country to apply the correct principles

• Consult a lawyer to ensure the foreign judgment does not violate Vietnamese public order or moral standards before filing

Conclusion

• A divorce judgment issued by a Vietnamese court can be recognized abroad if a treaty exists or the principle of reciprocity is met

• A foreign divorce judgment, if enforcement is requested in Vietnam, must go through recognition and enforcement procedures via the Ministry of Justice or court; otherwise, a simple civil status record may suffice

• The time limit for application is 3 years from the judgment’s effective date

• The process must strictly follow the requirements under the Civil Procedure Code 2015 and Law on Marriage and Family 2014 to ensure the judgment has legal value in Vietnam.

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