When one party is a Vietnamese citizen and the other is a foreign national who does not reside in Vietnam, determining the competent court to handle the divorce becomes a crucial issue. This article will analyze the relevant legal regulations, provide a real-life scenario for clarity, and offer practical guidance from Dedica Law Firm.

1. Legal Basis – When Do Vietnamese Courts Have Jurisdiction?

According to the Law on Marriage and Family 2014 (Article 127) and the Civil Procedure Code 2015 (Articles 469, 470):

Vietnamese courts have jurisdiction over divorce cases if one of the spouses is a Vietnamese citizen or if the foreign spouse is residing, working, or living long-term in Vietnam.
If the Vietnamese spouse is not residing in Vietnam at the time of filing for divorce, the applicable law will be that of the country where both spouses have their habitual residence; if there is no common place of residence, Vietnamese law will still apply.

Competent courts in Vietnam include:

District-level People’s Courts: handle first-instance divorce cases not requiring international judicial assistance or cases involving border regions.
Provincial-level People’s Courts: handle divorce cases with foreign elements that require international judicial assistance or when the foreign spouse resides abroad.

2. When Do Vietnamese Courts Lack Jurisdiction?

Vietnamese courts do not have jurisdiction in the following cases:

The Vietnamese wife resides abroad, is not living in Vietnam, and there is no common place of residence. In this situation, the divorce will be handled under the law of the country where the couple resided together.
The British husband does not reside or have temporary/permanent residence in Vietnam. In this case, Vietnamese courts will not process mutual consent divorce.

3. Real-Life Example

Scenario:
Ms. Lan (a Vietnamese citizen) married Mr. James (a British citizen). After five years of marriage, James returned to the UK and no longer holds any residency permit in Vietnam. Ms. Lan now wants a divorce.

Since Ms. Lan still resides in Ho Chi Minh City and Mr. James is no longer in Vietnam nor a resident, the Vietnamese court lacks jurisdiction to process a mutual consent divorce.
Ms. Lan can file for divorce in the UK under British law or, if preferred, obtain a mutual consent divorce decree in the UK and then request its recognition in Vietnam (if it meets the requirements for recognizing foreign judgments).
If there are shared assets in Vietnam such as real estate, Ms. Lan may request Vietnamese courts to handle the asset division, but the marital status and personal matters must be resolved under UK law.

4. Recommendations from Dedica Law Firm

4.1 Identify the Correct Jurisdiction – Avoid Wasting Time

If the foreign spouse resides or temporarily resides in Vietnam for ≥ 2 years → File at the competent provincial court in Vietnam.
If the foreign spouse does not reside in Vietnam → File for divorce in the UK; or file in the UK first and then request recognition in Vietnam (especially for asset-related matters).

4.2 Prepare Internationally Valid Documents

Legalized, translated copies of marriage certificates, property rights, and divorce-related documents from the UK;
Consular legalization if needed to support the recognition procedure in Vietnam.

4.3 Coordinate a Dual-Country Strategy

In the UK: submit the divorce petition, agree on asset division and child support.
In Vietnam: carry out the recognition procedure (if needed), or handle Vietnamese-based assets.

4.4 International Legal Counsel – Ensure Comprehensive Support

Dedica recommends:

Consulting on the right jurisdiction for filing;
Hiring an Anglophone lawyer for proceedings in the UK;
Engaging a Vietnamese lawyer to handle recognition or asset-related matters locally.

Following the correct legal path with complete documentation minimizes delays and legal risks.

5. Conclusion – Take Prompt Action for Best Results

Jurisdiction over divorce between a Vietnamese wife and a British husband depends primarily on current residence:

If the husband lives in the UK and holds no Vietnamese residence permit → File for divorce in the UK; Vietnam may only handle asset matters if necessary.
If the husband has a valid temporary or permanent residence card in Vietnam → A comprehensive divorce can be resolved in Vietnam under international procedures.

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Jurisdiction of Vietnamese Courts in Divorce Between a Vietnamese Wife and a British Husband Not Residing in Vietnam