When one party is a foreign national or resides abroad, divorce procedures in Vietnam tend to be more complex. Therefore, understanding the legal requirements, knowing the court’s jurisdiction, and properly preparing all necessary documents is essential. Let Dedica Law Firm walk you through the key considerations in such cases.

1. What is a Divorce with Foreign Elements?

According to the 2014 Law on Marriage and Family (Article 127) and the 2015 Civil Procedure Code (Articles 469–470), a divorce with foreign elements includes:

A divorce between a Vietnamese citizen and a foreigner;
A divorce between two foreigners in Vietnam;
A divorce involving residence, property, or legal decisions tied to a foreign country.

Vietnamese law also provides: if both parties reside abroad, the law of their place of residence will apply; otherwise, Vietnamese law shall prevail.

2. Jurisdiction of the Court in Cases Involving Foreign Elements

According to Article 35 of the Civil Procedure Code 2015:

Provincial-level People’s Courts handle divorces involving foreign elements (except for special cases in border regions) and serve as the first-instance court.
District-level courts may accept cases if both parties reside in border areas and no international judicial assistance is required.

Jurisdiction based on location:

Mutual consent divorce: filed at the court where either spouse resides or works.
Unilateral divorce: filed at the court where the petitioner resides.

3. Procedures and Processing Time

Based on Apolat Legal and Vietnamese law:

Step 1 – Prepare the documents:

Divorce petition, notarized and legalized documents, proof of residence.

Step 2 – Submit the documents:

Submit to the provincial court with jurisdiction; submissions can be made through consular channels or via lawyer representation if both spouses are abroad.

Step 3 – Case acceptance and review:

Case accepted within 7–15 days; court fees are 300,000 VND plus any judicial assistance fees if applicable.

Step 4 – Mediation and court hearing:

If both parties are absent, the case may proceed in absentia; mediation is attempted first, and if unsuccessful, a trial will follow.

Estimated timeline:

Mutual consent divorce: 3–6 months.
Unilateral divorce: 6–12 months; longer if international judicial assistance is involved.

4. Real-Life Case Study

Case:
Ms. Hong (Vietnamese) married Mr. Mark (American) in Vietnam. After two years, Mark returned to the U.S. and no longer held Vietnamese residency. Hong wanted a mutual consent divorce.

She prepared all necessary documents, including a legalized marriage certificate, proof of Mark’s residence in the U.S., and agreements on property and child custody.
She filed the case through consular channels at the provincial court where she had permanent residency before moving abroad.
The court accepted the case, collected fees, and scheduled a hearing. Though Mark was absent, the court ruled in absentia as requested.
The divorce was finalized in four months.

Lesson: Filing in the correct court, having fully internationalized documents, and opting for a hearing in absentia can significantly save time and costs.

5. Advice and Recommendations from Dedica Law Firm

5.1 Select the Correct Court and Procedure

Always verify the court’s jurisdiction based on your or your spouse’s residence.
If unable to appear in person, submit through consulates or authorize a lawyer.

5.2 Ensure Accurate International Documentation

Notarize – translate – consularly legalize marriage, residency, and property documents.
Annotate marriage certificates if registered abroad.

5.3 Legal Support – Accelerate the Process

Dedica’s lawyers assist with consular submissions, track additional requirements, and represent you in absentia.
Helps avoid errors, rejections, and unnecessary legal risks.

5.4 Parallel Property Resolution

Real estate in Vietnam can be resolved in Vietnamese courts;
Overseas assets should be handled in the foreign jurisdiction or based on international agreements.

6. Conclusion

Divorces involving foreign elements often involve multiple steps, but if you:

Identify the right court;
Prepare properly legalized international documents;
Submit through appropriate channels or legal representatives;
Collaborate with experienced lawyers in both Vietnam and abroad;

You can expect resolution within 3–6 months (mutual consent) or 6–12 months (unilateral divorce).

Contact DEDICA Law Firm for expert legal consultation!

📞 Hotline: (+84) 39 969 0012 (Available on WhatsApp, WeChat, and Zalo)

🏢 Head Office: 144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City

🕒 Business Hours: Monday – Friday (8:30 AM – 6:00 PM)

Reach out today for a free initial consultation with our team of professional lawyers!

What to Note When Getting a Divorce in Vietnam Involving Foreign Elements