Uncontested vs. Sole Divorce with a Foreign Spouse in Vietnam – What’s the Difference in Procedures and Timeline?
1. What’s the basic difference between uncontested (mutual consent) and sole divorce?
Uncontested Divorce
Both spouses voluntarily agree to end the marriage and reach agreements on property division, child custody, and support.
File an Application for Recognition of Mutual Consent Divorce (Form 01‑VDS) at the Provincial People’s Court (for cases involving foreign elements).
Sole (Unilateral) Divorce
Only one spouse seeks a divorce, possibly due to violence, violation of marital obligations, or irreconcilable differences.
File a Divorce Petition (Form 23‑DS) at the Provincial People’s Court (for international cases).
2. Which court has jurisdiction?
If there are foreign elements (one spouse is foreign, lives abroad, or there are foreign assets), the case must be handled by the Provincial People’s Court.
3. Documents needed for both procedures
For an uncontested divorce:
Application form (Form 01‑VDS)
Marriage certificate (original or valid extract)
National ID, Citizen ID, or Passport of both parties
Children’s birth certificates (if applicable)
Documents proving joint assets (if disputed)
Foreign spouse’s documents (with consular legalization & signature authentication)
For a sole divorce, additional documents:
Foreign spouse’s address (for judicial entrustment if they are absent)
Evidence of serious marital issues (e.g. violence or breach of marital duties)
Both cases require a certified translation and consular legalization for foreign documents.
4. Step-by-step process
a. Uncontested Divorce
Prepare mutually agreed documents
File at the Provincial People’s Court
Court examines within 7–15 days, requests fees and documents
Mediation (if needed) and hearing
Court issues a divorce order
b. Sole Divorce
File the petition at the Provincial People’s Court
Court issues fee notice within 7 days
Case is processed and assigned to a judge
Mediation, summons, and testimony
If the foreign spouse is absent, judicial entrustment is required: typically takes 1–1.5 years to serve documents and verify signatures
Hearing is held, and the divorce judgment is issued
5. Timeline to complete the process
Uncontested divorce with a foreign spouse residing in Vietnam: ~15–20 working days.
If the foreign spouse is abroad (requiring legalization and service of documents): ~1–2 months.
Sole divorce: typically 4–6 months, but can extend to 1–1.5 years if judicial entrustment is involved and the foreign spouse is absent.
6. Key practical tips
Always legalize and authenticate foreign documents and use professional translation services.
If you file an uncontested divorce while the foreign spouse is in Vietnam, the process is much faster.
In sole divorce cases where the foreign spouse is absent, delays are likely — ensure you have their accurate address.
Prepare evidence to demonstrate that the marriage has irretrievably broken down when pursuing a sole divorce.
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