Is It Necessary to Legalize a Foreign Divorce Judgment in Vietnam?

Why Are Many People Confused About the Legalization of Foreign Divorce Judgments in Vietnam?

When you or a family member has divorced abroad and want the decisions from that judgment to take effect in Vietnam, the question "Is it necessary to legalize and recognize a foreign divorce judgment in Vietnam?" becomes quite common. Many people mistakenly believe that simply translating the judgment is enough. However, in reality, there are clear legal provisions under the 2014 Law on Marriage and Family and the 2015 Civil Procedure Code that must be followed.

Two Common Scenarios When Considering the Recognition of Foreign Divorce Judgments in Vietnam

1. If Enforcement Is Required in Vietnam

If you need to use the foreign divorce judgment for purposes such as child custody registration, asset division, alimony, or administrative procedures in Vietnam, you must submit a request to recognize and enforce the judgment through the competent authorities. The process includes:

• Filing the request with the Ministry of Justice, after which the case file is transferred to the provincial People’s Court for handling;

• The provincial court will process the request within 5 working days and issue a decision within a maximum of 4 months from the date of acceptance.

2. If Enforcement Is Not Required in Vietnam

If you do not need to enforce the judgment in Vietnam, you can still request to record the divorce in the civil status register at the District People's Committee where you reside or intend to remarry. This situation does not require full court recognition of the foreign judgment.

Conditions and Procedures for a Divorce Judgment to Be Valid in Vietnam

• Recognition Conditions in Vietnam

According to Article 423 of the Civil Procedure Code 2015, to have a foreign divorce judgment recognized in Vietnam, the following conditions must be met:

• The judgment must be a civil/marriage/family ruling issued by a competent foreign court;

• It must be legally effective, not violating the principle of reciprocity or any international treaties to which Vietnam is a party;

• The procedure must be lawful, the litigants properly summoned, and the judgment must not violate public order or Vietnamese social ethics.

• Statute of Limitations for Requesting Recognition

You have 3 years from the date the judgment becomes legally effective abroad to file for recognition in Vietnam. If there are force majeure reasons (e.g., serious illness, natural disasters), any interrupted time will not count against this period.

• Required Documents and Dossier

• A request form for recognition and enforcement of the judgment;

• A legalized copy of the foreign divorce judgment;

• A notarized Vietnamese translation, which must be legalized or apostilled (if applicable) for use in Vietnam;

• Documents proving valid service of court summons and procedures abroad;

• Even if you are only recording the divorce in the civil status register (and not enforcing the judgment), these documents are still required for verification.

• Procedure in Vietnam

• Submit the dossier to the Ministry of Justice;

• Wait for the file to be transferred to the provincial court and accepted within 5 working days;

• The court issues a decision within 4 months from the acceptance date.

Once the recognition decision is issued, the foreign divorce judgment can be enforced in Vietnam just like a domestic one.

Must the Judgment Always Be Legalized?

Many people wrongly assume that consular legalization of a foreign divorce judgment is always mandatory. In reality:

• If you are only recording the divorce in the civil registry without enforcement in Vietnam, consular legalization is not mandatory according to the Ministry of Foreign Affairs' guidance. However, the Vietnamese translation must still be notarized.

• If recognition and enforcement are needed, then the original divorce judgment must be legalized or apostilled (if both countries are parties to the 1961 Hague Convention), and accompanied by a notarized Vietnamese translation.

Key Practical Notes

• Check bilateral or multilateral treaties between Vietnam and the issuing country (e.g., France, Taiwan) to see if the judgment can be recognized under the principle of reciprocity;

• Prepare your dossier early: original judgment, notarized translation, and legalization/apostille if needed;

• Monitor the 3-year statute of limitations to avoid delays;

• Issues related to property and children are sensitive: if the judgment includes custody, support, or asset division, recognition in Vietnam ensures its full legal effect;

• Seek support from a reputable lawyer: international legal matters are complex, and professional guidance helps avoid mistakes, rejections, or prolonged timelines.

Conclusion

Is it necessary to legalize a foreign divorce judgment in Vietnam?

• If you only want to record the divorce without enforcement → No need for full recognition or legalization;

• If you want to enforce the judgment in Vietnam (child custody, assets, support) → You must obtain recognition and legalization/apostille of documents.

You have a 3-year statute of limitations from the date the judgment becomes legally effective. In extreme cases, extensions may be granted.

The process is straightforward: submit the request → Ministry of Justice → Provincial Court → Decision within 4 months.

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