What Documents Need Legalization When Divorcing a Foreign Spouse in Vietnam?
Divorcing a foreign spouse in Vietnam is not merely about drafting a petition and submitting it to the court. It also requires the legalization of international documents to ensure the file meets legal standards and is accepted by the Vietnamese court. Below is a detailed, updated guide for 2025 from leading law firms.
1. Basic Steps for Preparing the Divorce File
1.1. Identify the Type of Divorce
Mutual consent divorce: Both spouses agree to end the marriage and have reached consensus on property division and child custody.
Unilateral divorce: Filed by only one party, often due to conflict, abuse, or one party being absent.
1.2. Jurisdiction
Divorce cases involving foreign elements fall under the jurisdiction of the People’s Court at the provincial level where the Vietnamese citizen resides or temporarily lives.
In special cross-border marriage cases, the district-level court may also have jurisdiction.
1.3. Basic Documents (excluding legalization)
Divorce petition (mutual or unilateral).
Marriage certificate (original or certified copy).
Vietnamese ID card/passport and the foreign spouse’s passport.
Birth certificate of any children (if applicable).
Household registration book or proof of residence.
Evidence of shared property and proof of the foreign spouse’s residence.
2. Legalization of Foreign Documents – A Must!
If documents such as passports, marriage certificates, or children's birth certificates are issued abroad, they must be translated and legalized:
Translated into Vietnamese with notarized translation.
Legalized by the Vietnamese embassy/consulate in the issuing country or by the Ministry of Foreign Affairs in Vietnam.
If the marriage was registered abroad: it must first be recorded (noted) at the Department of Justice in Vietnam before the divorce petition can be filed.
3. Process of Submitting and Resolving the Divorce File
File the divorce documents at the People’s Court at the provincial level where the Vietnamese party resides.
The court will review and may request additional documents.
Pay the court fees as notified.
The court sends the notice to the foreign spouse via the Ministry of Foreign Affairs or the relevant embassy.
The court proceeds to mediation or trial:
Mutual consent: usually resolved within 2–4 months.
Unilateral divorce: may take longer, from 4–12 months depending on the complexity of the case.
A divorce judgment is issued and sent to both parties.
4. Can Divorce Be Processed in the Absence of the Foreign Spouse?
Yes, the divorce can proceed without the foreign spouse’s presence if the court has legally served the documents, or if the foreign spouse fails to provide an address or deliberately avoids contact.
The court may conduct a trial in absentia if legal service conditions are met.
5. Note on Judicial Delegation
If legal notices or proceedings need to be delivered abroad, the Vietnamese court must proceed through judicial delegation via the Ministry of Foreign Affairs or foreign courts. This step is mandatory to ensure the process is legally valid.
6. After the Divorce – Legal Residence for Foreign Spouses
Once the divorce is finalized, the foreign spouse loses the right to stay in Vietnam under marriage status. To continue staying, they must switch to another visa or temporary residence permit such as a work visa, investor visa, or tourist visa.
7. Summary – Legalization Checklist
Translate and notarize foreign documents into Vietnamese.
Legalize documents via the embassy or the Ministry of Foreign Affairs.
Record the marriage in Vietnam if registered abroad.
Prepare proof of the foreign spouse’s residence.
Certify all Vietnamese-issued documents.
8. Practical Advice from Law Firms
Specialist lawyers recommend preparing legalized documents in advance to avoid file rejection or delays.
Property and child custody involving foreign elements should be clearly outlined before submission to help speed up mutual consent divorce or minimize delay in unilateral cases.
In absentia divorce is common and legally applicable. Courts in Vietnam will proceed if proper service has been attempted and the foreign party's residence is demonstrably known or unknown.
Conclusion
Divorcing a foreign spouse in Vietnam is a complex legal process that requires careful preparation—especially regarding international document legalization, which directly affects jurisdiction and timing. If you are currently involved in or planning this process, don’t let incomplete documents prolong your stress and delay resolution!
Contact DEDICA Law Firm for expert legal consultation!
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