Divorce involving foreign elements is increasingly common today, especially when many couples registered their marriage abroad but wish to carry out divorce procedures in Vietnam. To protect your rights and avoid delays, preparing a complete and legally compliant dossier in Vietnam is essential.

1. Characteristics of Divorce Procedures with Foreign Elements in Vietnam

According to Article 127 of the 2014 Law on Marriage and Family, divorce with foreign elements includes:

A Vietnamese citizen married to a foreigner.
A Vietnamese citizen residing overseas who wishes to divorce in Vietnam.
Other cases involving foreign marriage laws.

The competent authority to handle such cases is the People’s Court at the provincial level (or district level in special cases).

The duration for processing a divorce with foreign elements typically ranges from 4 to 6 months from the date the Court accepts the case.

2. General Documents Required for Divorce in Vietnam

Whether the divorce is mutual consent or unilateral, you need to prepare the following documents:

Divorce petition
- Mutual consent: Form 01‑VDS.
- Unilateral: Form 23‑DS or as issued with Resolution 01/2017/NQ‑HĐTP.
Marriage certificate
- The original or a certified copy.
- If the marriage was registered abroad, it must be legalized and recorded in the civil registry at the Department of Justice in Vietnam before filing.
Personal identification of both parties
- National ID card/passport (certified copy).
- Household registration book / temporary residence / temporary residence card if one party lives abroad.
Birth certificates of children (if any) – certified copies.
Documents proving joint property ownership (if disputes exist) – such as land use rights certificate, vehicle registration, savings passbooks, etc.
Documents proving foreign elements
- Passport, proof of residence of the foreign party.
- If one party is abroad, additional documents may be required, including a request for trial in absentia.

3. Additional Documents for Marriages Registered Abroad

If the marriage was conducted overseas but the divorce is to be handled in Vietnam, the following additional documents are needed:

Foreign marriage certificate that has been legalized and recorded at the Department of Justice in Vietnam.
Foreign court divorce judgment/decision (if already divorced), accompanied by a legally recognized copy for registration in the civil status records in Vietnam.

4. Filing and Processing Procedure at the Court in Vietnam

Submit the dossier to the People’s Court at the provincial level (or district level in border areas) where one of the parties resides in Vietnam.
Court acceptance and review
- Typically takes 3–8 working days.
- If the dossier is incomplete, the court will request additional documents within 7 days.
Advance court fees
- 300,000 VND if no property dispute.
- If there's a property dispute, fees vary depending on the value (5%–20%+).
- Judicial entrustment and verification abroad: 200,000 VND.
Mediation / trial
- Mutual consent: the court organizes mediation.
- Unilateral: the case proceeds to trial.
- The total duration to complete the procedure is about 4–6 months.

5. Registering the Divorce in Vietnam’s Civil Status Records

If you have already divorced abroad but want your status officially recorded in Vietnam, you must:

Register the divorce in the civil status book at the District-level People’s Committee where the marriage was registered or your last residence before leaving Vietnam.
Required documents include:
- Foreign divorce judgment/decision
- Personal declaration
- Passport/ID card
- Proof of residence
- A special declaration form (TT‑04/2020/BTP)
Processing time is 5 working days, or up to 10 days if further verification is needed.

6. Important Notes When Preparing Divorce Documents in Vietnam

All foreign documents (e.g., marriage certificate, court judgment) must be legalized and translated into Vietnamese with notarization.
All photocopies must be certified by competent authorities in Vietnam.
If one party cannot return to Vietnam, they may file a request for trial in absentia and appoint a legal representative through notarized power of attorney.
It is advisable to contact the local Court in advance to verify required documents, submission address, and mediation/trial schedules.

Conclusion

In summary, to process a divorce in Vietnam for a marriage registered abroad, you must prepare a thorough and legally compliant dossier, including:

A proper divorce petition;
Personal identification documents;
A legalized and recorded foreign marriage certificate;
Child’s birth certificate (if applicable);
Proof of joint assets and foreign elements.

Make sure all documents are certified, legalized, and translated appropriately.

Submit your dossier to the appropriate People’s Court at the provincial/district level, pay the required fees, and undergo mediation or trial. Processing typically takes about 4–6 months.

If already divorced abroad, carry out the civil status registration procedure at the district-level People’s Committee to have your divorce officially recognized in Vietnam.