Vietnamese Wife Filing for Divorce from Malaysian Husband: Where to Submit the Application in Vietnam?
If you are a Vietnamese wife seeking to divorce your Malaysian husband, the first thing to know is which court has jurisdiction over your case and what documents you need to prepare. Below is a detailed guide based on the latest legal provisions in Vietnam.
1. Court with Jurisdiction Over Divorce Involving Foreign Elements in Vietnam
According to the Civil Procedure Code 2015 (Articles 469 and 470), all divorce cases involving foreign elements—including those where a Vietnamese wife and Malaysian husband are involved—fall under the jurisdiction of the provincial-level People’s Court where the respondent resides or where the petitioner resides if the respondent lives outside Vietnam.
Specifically:
If the Malaysian husband resides in Vietnam, the application should be filed with the People’s Court of the province or city where he resides or works.
If the husband is living in Malaysia and has no residence in Vietnam, the application should be filed at the People’s Court of the province or city where the Vietnamese wife resides or works.
Note: The Vietnamese Embassy in Malaysia does not have the authority to handle divorce cases. Applications cannot be submitted there.
2. Required Documents for Filing in Vietnam
Whether it is a mutual consent or unilateral divorce (Vietnamese wife – Malaysian husband), the necessary documents include:
Divorce petition (either mutual consent or unilateral petition according to the standard form).
Marriage certificate or a certified copy (must be legalized if the marriage was registered in Malaysia).
Certified copy of ID card/passport of both parties.
Household registration book or residency certificate of the Vietnamese wife (certified copy).
Birth certificate(s) of the child(ren), if any.
Documents regarding common property (if there is a dispute over property).
Proof that the husband is residing abroad (e.g., expired passport).
In case the husband is absent from the court hearing, additional documents are needed:
Request for trial in absence.
Power of attorney (notarized/legalized).
Written statement of opinion.
Certified ID/passport of the authorized representative.
If the marriage was registered abroad (in Malaysia), the marriage certificate must be registered in Vietnam via the Department of Justice before filing for divorce.
3. Filing Procedures in Vietnam
Mutual Consent Divorce
If both spouses agree on the divorce, child custody, and property division, the petition can be filed at the People’s Court of the province or city where either spouse resides. If one party lives abroad and does not reside in Vietnam, the application is filed where the remaining spouse resides.
The court will accept the case and summon both parties for mediation. If mediation is successful or deemed unnecessary, the process usually takes about 4–6 months.
Unilateral Divorce
This occurs when one spouse (e.g., the Vietnamese wife) initiates the divorce because the other party disagrees or is absent.
The application should be filed with the People’s Court of the province or city where the respondent resides or works. If the respondent lives abroad and has no Vietnamese residence, the application goes to the court where the petitioner resides.
Once accepted, the court will request an advance court fee and organize mediation. If mediation fails, the case proceeds to trial in accordance with civil litigation procedures.
4. Special Cases
Husband in Malaysia and Unable to Return to Vietnam
Divorce in absentia is possible if the petitioner submits:
A request for trial in absence.
A legalized power of attorney.
Other necessary documents as required by law.
If the husband’s address is unknown or difficult to verify, the court may proceed with the trial after two failed summons attempts.
Marriage Registered in Malaysia – Can You Divorce in Vietnam?
If the marriage was registered in Malaysia, it must first be officially registered with the Department of Justice in Vietnam before filing for divorce.
If the divorce is processed in Malaysia, it may later require recognition in Vietnam (this is a complex procedure).
5. Duration and Advance Court Fees
Mutual Consent Divorce: Approximately 4–6 months from the date the case is accepted.
Unilateral Divorce: Typically 6–12 months; if judicial entrustment to Malaysia is needed, it may extend to 12–24 months.
Court fee advance for unilateral divorce (without property dispute) is usually 300,000 VND, payable within 7 days of court notification.
Conclusion
Where to file: People’s Court of the province/city where the husband resides (or the wife, if the husband is abroad)
Required documents: Divorce petition, legalized marriage certificate, IDs/residency documents, child’s birth certificate, property documents (if applicable), request for trial in absence + power of attorney
Marriage registration: Mandatory if married in Malaysia
Mediation & trial: Mutual: acceptance → mediation → decision; Unilateral: acceptance → mediation → trial if mediation fails
Duration: Mutual: 4–6 months; Unilateral: 6–12 months or longer if judicial entrustment is needed
Court fees: Around 300,000 VND (without property disputes), payable within 7 days
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