Procedure for Recognition and Enforcement of Foreign Divorce Judgments in Vietnam

If you get divorced abroad and wish for the divorce judgment to be legally recognized and enforceable in Vietnam, you must follow certain legal procedures. Below is the latest guide compiled from current Vietnamese regulations and updated legal consultations to help you understand the process.

1. Legal Basis & Circumstances for Recognition and Enforcement of Foreign Divorce Judgments in Vietnam

1.1 Legal Basis

• The 2015 Civil Procedure Code of Vietnam, especially Articles 423 and 432, outlines the procedures for recognition and enforcement of civil judgments issued by foreign courts.

• The Law on Marriage and Family provides regulations on registering divorce notes in the civil status register when foreign divorce elements are involved.

• International treaties to which Vietnam is a party or bilateral judicial assistance agreements. If such agreements exist, the procedure may be more straightforward if the conditions are met.

1.2 Cases Eligible for Recognition & Enforcement

There are two main scenarios:

With enforcement required in Vietnam
If you want a foreign divorce judgment to be enforced in Vietnam (e.g., child custody, division of property, financial obligations), you must file a request for recognition and enforcement of the judgment at a competent Vietnamese court.

Without enforcement required in Vietnam
If the divorce judgment does not need enforcement in Vietnam, or the involved party does not intend to enforce it, it is sufficient to register the divorce note in the Vietnamese civil status register to acknowledge the termination of the marital relationship.

2. Conditions, Required Documents, and Procedures for Recognition & Enforcement in Vietnam

2.1 Conditions for Recognition and Enforcement

To have a foreign divorce judgment recognized and enforced in Vietnam, the following conditions must be met:

• The judgment was issued by a foreign court with proper jurisdiction.

• The judgment is legally effective in the issuing country and can be enforced there.

• The person obligated under the judgment must have been properly summoned. If the judgment was made in their absence, there must be evidence that they were duly summoned.

• The judgment must not violate the basic principles of Vietnamese law (e.g., morality, public order, third-party rights).

• There must be an applicable international treaty or, in the absence of such, the principle of reciprocity between Vietnam and the foreign country must apply.

2.2 Statute of Limitations

• The time limit for requesting recognition and enforcement is 3 years from the date the foreign court’s judgment becomes legally effective.

• If there are force majeure events or objective obstacles preventing timely submission, the time of such events is excluded from the limitation period.

2.3 Required Documentation

To request recognition and enforcement of a foreign divorce judgment in Vietnam, you must prepare:

• A written request for recognition and enforcement of the foreign divorce judgment.

• The original or notarized copy of the divorce judgment/decision issued by the foreign court.

• A certificate from the foreign court or competent authority affirming the judgment’s legal validity and enforceability (if necessary).

• A certificate verifying that the obligated person or their legal representative was properly summoned, especially if the judgment was made in their absence.

• If the documents are in a foreign language, certified Vietnamese translations are required, and the documents must be legalized according to applicable laws.

2.4 Procedural Steps

Step 1: Prepare all required documents as listed above.

Step 2: Submit the dossier to the Ministry of Justice or directly to the People’s Court at the provincial level, depending on the designated authority.

Step 3: The Ministry of Justice will review the documents for formal validity and, if satisfactory, transfer them to the competent court.

Step 4: The court accepts the case within 5 working days after receiving the complete dossier.

Step 5: The court reviews the request, may hold a hearing if necessary, and usually issues a decision within 4 months of acceptance.

Step 6: If approved, the enforcement will proceed through the civil judgment enforcement agency.

Step 7: If the request is denied, the court will issue a written explanation. Affected parties may appeal or file a protest according to the law.

3. Conclusion

Recognition and enforcement of foreign divorce judgments in Vietnam are essential if you want rights and obligations (e.g., custody, alimony, asset division) to be executed within Vietnam.

If enforcement is not needed, you may simply register the divorce note in the civil status register.

Take note of the 3-year time limit and ensure all documents, translations, and legalization procedures are completed properly.

Also, check whether the country that issued the judgment has a judicial assistance treaty with Vietnam to streamline the process.

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