Latest Guidance on Divorce Procedures Involving Foreign Nationals

The following article provides a detailed and up-to-date guide on divorce procedures involving foreign nationals, including applicable processes and required documentation, in accordance with current Vietnamese law.

Latest Guidance on Divorce Procedures Involving Foreign Nationals

Conditions for Divorce Involving Foreign Nationals

When is divorce permitted?

Pursuant to Article 127 of the Law on Marriage and Family 2014:

“Article 127. Divorce involving foreign elements

1. Divorce between a Vietnamese citizen and a foreign national, or between foreign nationals permanently residing in Vietnam, shall be settled by competent Vietnamese authorities in accordance with this Law.

2. Where a Vietnamese citizen does not permanently reside in Vietnam at the time of requesting divorce, the divorce shall be settled under the law of the country where the spouses have common permanent residence; if there is no such common residence, Vietnamese law shall apply.

3. The settlement of immovable property located abroad upon divorce shall be governed by the law of the country where such property is located.”

Accordingly, divorce between a Vietnamese citizen and a foreign national constitutes a divorce involving foreign elements.

Pursuant to Articles 55 and 56 of the Law on Marriage and Family 2014:

Mutual Consent Divorce (Article 55)

Where both spouses jointly request a divorce, and the court finds that they voluntarily agree to divorce and have reached agreement on property division, child custody, care, upbringing, and education on the basis of ensuring the legitimate rights and interests of the wife and children, the court shall recognize the mutual consent divorce. If no agreement is reached or the agreement does not adequately protect such interests, the court shall resolve the divorce.

Unilateral Divorce (Article 56)

Where one spouse requests a divorce and court mediation fails, the court shall grant the divorce if there are grounds showing domestic violence or serious violations of marital rights and obligations, causing the marriage to deteriorate seriously, making cohabitation impossible and the purpose of marriage unattainable.

Divorce shall also be granted where a spouse of a person declared missing by the court requests divorce, or where serious domestic violence affects the life, health, or mental well-being of the other spouse.

Competent Authority for Divorce Involving Foreign Elements

Pursuant to Clause 3 Article 35 and Article 37 of the Civil Procedure Code 2015 (as amended in 2019, 2020, 2022, and 2023), jurisdiction over divorce cases involving foreign elements belongs to the People’s Courts at the provincial level.

However, under Clause 4 Article 35 of the Civil Procedure Code, if the divorce involves a Vietnamese citizen residing in a border area and a neighboring-country citizen also residing in a border area adjacent to Vietnam, jurisdiction lies with the district-level People’s Court.

Divorce Is the Last Resort When the Purpose of Marriage Cannot Be Achieved

Divorce Dossier Involving Foreign Nationals

Mutual Consent Divorce

Documents required pursuant to Article 55 of the Law on Marriage and Family 2014 include:

• Application for recognition of mutual consent divorce;

• Original Marriage Certificate (if lost, a certified true copy issued by a competent authority);

• Certified copies of ID card or passport;

• Certified copy of the child’s birth certificate (if any);

• Documents proving that one party is residing abroad (if any).

(Article 396 of the Civil Procedure Code)

Unilateral Divorce

Documents required pursuant to Article 56 of the Law on Marriage and Family 2014 include:

• Statement of claim using Form No. 23-DS issued with Resolution No. 01/2017/NQ-HĐTP;

• Original Marriage Certificate (or certified copy if the original is lost);

• Certified copies of ID card or passport;

• Certified copy of the child’s birth certificate (if any);

• Documents proving that one party is residing abroad (if any);

• Certified copies of documents evidencing ownership of disputed assets (if any);

• Other supporting evidence (such as medical records, examination results, expert conclusions, etc., in cases involving domestic violence).

(Articles 186 and 189 of the Civil Procedure Code)

Note: If the marriage was registered under foreign law and the parties wish to divorce in Vietnam, the Marriage Certificate must be consularly legalized and recorded in the civil status register at the Department of Justice before filing for divorce (Article 478 of the Civil Procedure Code).

Procedure for Resolving Divorce Involving Foreign Nationals

Step 1: Filing the Application

The spouses or one spouse submits the prepared dossier to the provincial-level People’s Court where the spouses reside (Article 37 of the Civil Procedure Code).

Step 2: Case Acceptance and Mediation

• The court examines the dossier and accepts the application if valid (Articles 191 and 397). If incomplete, the applicant is requested to supplement the dossier (Article 193).

• Mediation is mandatory for both mutual consent and unilateral divorce cases (Article 205 of the Civil Procedure Code; Article 54 of the Law on Marriage and Family).

Step 3: Issuance of Divorce Decision

Mutual Consent Divorce

Pursuant to Article 397 of the Civil Procedure Code:

• If reconciliation succeeds, the judge issues a decision to suspend proceedings.

• If reconciliation fails and all legal conditions are satisfied, the judge issues a decision recognizing the mutual consent divorce and agreements on child custody and property division.

• If no agreement is reached, the court suspends the civil matter and initiates litigation to resolve the dispute.

Unilateral Divorce

Pursuant to Articles 266 and 267 of the Civil Procedure Code:

After the first-instance trial, the court issues a first-instance judgment. This judgment does not take immediate effect; either party may appeal within 15 days from the date of pronouncement (Article 273).

Conclusion

Divorce involving foreign nationals requires strict compliance with legal regulations and may take longer than domestic divorce cases. Preparing a complete dossier, understanding the legal process, and clearly identifying one’s rights are essential to ensure a smooth resolution. Where difficulties arise, parties are strongly advised to seek legal counsel to protect their legitimate rights and effectively address arising legal issues.

LHLegal’s Full-Service Divorce Assistance for Cases Involving Foreign Nationals

Divorce cases involving foreign elements require in-depth legal knowledge and extensive experience in handling complex documentation. LHLegal provides comprehensive consulting and legal representation services for divorce cases involving foreign nationals in a fast – accurate – confidential manner, including cases with absent parties, mutual consent divorce, and unilateral divorce.

LHLegal assisted Ms. N.M.T in resolving a petition for mutual consent divorce with her husband, a French national

LHLegal assisted Ms. N.Đ.V.T in resolving a petition for unilateral divorce from her husband, a United States national

LHLegal’s lawyers provide full support, including:

• Legal consultation on procedures and required documentation;

• Representation in court proceedings;

• Assistance with consular legalization and document translation;

• Monitoring the entire process until a legally effective divorce decision is issued.

LHLegal is committed to accompanying clients until all procedures are completed clearly and smoothly.

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