Are you and your spouse currently living abroad and unable to return to Vietnam to carry out divorce procedures? Don’t worry—Vietnamese law now allows for remote divorce proceedings, ensuring that the rights of both parties are protected in Vietnam without requiring travel.

1. Is Remote Divorce Possible?

Yes. According to Article 37 of the 2015 Civil Procedure Code, if one party is living abroad, the divorce case falls under the jurisdiction of the People’s Court at the provincial level in the location where the other party resides in Vietnam. The law also allows for submissions via international mail or electronic transactions if supported by the court.

2. Two Forms of Divorce Can Be Processed Remotely

2.1 Mutual Consent Divorce

If both parties agree and can settle issues regarding children, property, etc., mutual consent divorce can be done remotely. Steps include:

Prepare the documents: A petition for mutual consent divorce, original marriage certificate, personal identification (ID card, passport), documents related to children (if any), and shared property.
Submit the documents via international mail to the provincial-level People’s Court in Vietnam.
Remote reconciliation: Either spouse can communicate with the court via mail, email, or video, if electronic means are supported.
Issuance of decision: If agreements on property and children are clear, the court will issue a mutual divorce decision within 2–3 months.

2.2 Unilateral Divorce

If only one party requests a divorce and the other either disagrees or cannot participate:

File a lawsuit by sending the application by mail to the provincial-level court where the respondent resides or where joint property is located.
Include relevant documents: marriage certificate, ID/passport, children's birth certificate (if any), and dispute evidence (insurance, property).
Court acceptance and reconciliation: may be handled remotely via online means, or reconciliation can be waived if not feasible.
Trial: After reconciliation or waiver, the court will conduct a preliminary hearing. The process may take 4–6 months, possibly longer for complex cases.
Issuance of judgment: custody rights and property division will be clearly defined and legally effective in Vietnam from the date of judgment.

3. Documents to Prepare Carefully

Divorce petition (mutual or unilateral)
Original marriage certificate
Certified copies of spouses’ ID/passport
Birth certificates of children (if any)
Documents related to joint property (if in dispute)
Documents proving emigration/residency abroad

Note: All documents issued abroad must be consular legalized and translated into Vietnamese with proper notarization.

4. Submitting the Petition and Paying Court Fees Remotely

File the petition via international mail or electronic means (if available).
Processing time: The court will review the application and notify acceptance within 3–5 working days.
Remote fee payment: You can pay via bank transfer and send the receipt via email or postal service for confirmation.

5. Participating in Reconciliation and Hearings Remotely

If electronic support is available, you can:

Receive notices and documents (e.g., invitations, reconciliation records, court decisions) via email or mail.
Join reconciliation sessions via video call or submit your written opinion through an authorized representative.
If online participation is not supported, the overseas party may submit written explanations without attending court in person.

6. Timeline and Costs

Mutual consent divorce remotely: approximately 2–3 months, possibly faster with simplified procedures.
Unilateral divorce remotely: typically 4–6 months, may extend in complicated cases.
Court fees:
- Mutual divorce: around 300,000 VND.
- Unilateral divorce: higher costs due to asset disputes.
- Additional costs: international mailing, notarization, consular legalization.

7. Tips for Remote Divorce Procedures

Prepare complete, well-organized documents: avoid missing items, especially those requiring notarization/legalization.
Check if the court supports electronic transactions via the Supreme People’s Court’s online portal.
Monitor the process closely: frequently check your email and postal communications to ensure no missed deadlines.
Consider hiring a lawyer: an experienced lawyer can help safeguard your rights, manage documentation, and communicate with the court on your behalf.
Keep legal evidence at each stage: receipts, court decisions, and the divorce ruling.

FAQs – Frequently Asked Questions

1. Can I authorize someone else to handle the paperwork?
– Yes. You can authorize someone to submit documents, pay fees, and receive notifications—but not to participate in the proceedings or attend court on your behalf.

2. Does remote divorce affect child custody or property division?
– No. The court will still fairly decide based on agreements or evidence. Children's and property rights will be protected in Vietnam as if you were present.

3. Can I appeal if I am not present?
– Yes. The absent party can file an appeal via mail within the allowed time—10 days (mutual consent) or 15 days (unilateral) from the date of the decision or judgment.

Conclusion

Carrying out remote divorce procedures when both spouses cannot return to Vietnam is entirely feasible and legally permitted in Vietnam today. By preparing your documents thoroughly, using the correct submission methods, and seeking legal support if needed, you can ensure your rights are protected effectively.

Contact DEDICA Law Firm for expert legal consultation!

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Remote Divorce Procedures When Both Spouses Cannot Return to Vietnam