Can a Person Abroad File for Cross-Border Divorce in Vietnam?

Currently, as the number of Vietnamese citizens going abroad for study, employment, or permanent residence continues to rise, marriages involving foreign elements have become increasingly common. When the marital relationship between husband and wife deteriorates, cannot be reconciled, and the parties wish to divorce, they often encounter a major legal obstacle: “Can a person abroad file for cross-border divorce in Vietnam?” Below, Viet An Law Firm provides clients with a detailed explanation of this issue.

Can a Person Abroad File for Cross-Border Divorce in Vietnam?

Pursuant to Clause 1, Article 51 of the Law on Marriage and Family 2015, either the husband or the wife, or both spouses, have the right to request the Court to resolve a divorce, including cases where one of the parties is residing abroad.

According to Clause 2, Article 127 of the Law on Marriage and Family 2015, where the requesting party is a Vietnamese citizen who is not permanently residing in Vietnam at the time of filing for divorce, the divorce shall be resolved in accordance with the law of the country where the spouses have their common habitual residence; if the spouses do not have a common habitual residence, the divorce shall be resolved in accordance with Vietnamese law.

Therefore, a person abroad may file for cross-border divorce in Vietnam.

Forms of divorce

• Divorce by mutual consent refers to cases where both spouses jointly request a divorce, jointly sign the application for recognition of consensual divorce, and reach agreements on child custody and division of marital property upon divorce; or where one spouse files a divorce petition and the other spouse agrees to the divorce and to arrangements regarding child custody and division of marital property.
• Unilateral divorce refers to cases where one spouse requests a divorce, provided that there are grounds indicating that the other spouse has committed acts of domestic violence or has seriously violated the rights and obligations of a spouse, causing the marriage to fall into a serious condition, making the marital relationship impossible to continue, and rendering the purposes of marriage unattainable.

To which authority should a divorce petition/application be submitted when one party is abroad?

Pursuant to Clause 1, Article 28; Clause 2, Article 29; and Point c, Clause 1, Article 37 of the Civil Procedure Code 2015, the Provincial People’s Court has jurisdiction to resolve divorce disputes and divorce requests involving a party residing abroad.

In cases of unilateral divorce, the plaintiff shall submit the divorce petition to:

• The Provincial People’s Court where the defendant resides or works;
• The parties may mutually agree in writing to request the Court where the plaintiff resides or works to resolve the case;
• If the defendant’s place of residence or employment is unknown, the plaintiff may request the Court where the defendant last resided or worked;
• If the defendant has no place of residence or employment in Vietnam, the plaintiff may request the Court where the plaintiff resides or works to resolve the case.

In cases of divorce by mutual consent, the applicants shall submit the request for divorce settlement to:

• The Provincial People’s Court where either spouse resides or works, provided that the spouses mutually agree on the divorce, child custody, and division of marital property.

Divorce application dossier in Vietnam

Dossier for requesting court recognition of divorce by mutual consent

• Application for Court recognition of divorce by mutual consent;
• Original marriage registration certificate;
• Copies of the citizen identity card or passport of both husband and wife;
• Documents proving common marital property;
• Copy of the child’s birth certificate;
• Written agreement on the division of common marital property upon divorce;
• Written agreement on child custody and child support obligations.

Dossier for filing a divorce lawsuit

• Divorce petition;
• Original marriage registration certificate;
• Copies of the citizen identity card or passport of both husband and wife;
• Copy of the child’s Birth Certificate;
• Documents proving common marital property;
• Documents and evidence proving that one of the parties is residing abroad.

Procedures and process for divorce when one party is abroad

Pursuant to the Civil Procedure Code 2015 and Resolution No. 01/2003/NQ-HĐTP, the procedures and process for divorce in cases where one party is abroad are carried out as follows:

In case a Vietnamese citizen residing in vietnam requests divorce from a Vietnamese citizen residing abroad

• The Court entrusts the Vietnamese representative mission abroad to take testimony from the defendant overseas;
• In cases where the defendant lives in exile, is not under the management of any authority, and the judicial entrustment yields no results, the Court shall send the plaintiff’s testimony to the defendant’s relatives, requesting them to contact the defendant, obtain the defendant’s testimony, and submit such testimony or necessary documents to the Court. Upon receiving the results, the Court may rely on such testimony and documents to adjudicate the case in accordance with general procedures;
• In cases where the defendant is residing abroad but has no address, no information, or deliberately conceals their address, the matter shall be handled as follows:
• If the defendant abroad has no address or information (including cases where their relatives also have no information or address), the Court shall issue a decision to suspend the settlement of the case, and shall then guide the plaintiff to file a request with the competent Provincial People’s Court to declare the defendant missing or deceased;
• If the defendant’s relatives maintain contact with the defendant but refuse to provide the defendant’s address or information to the Court, or fail to comply with the Court’s request to notify the defendant to submit testimony, such conduct shall be deemed as deliberate concealment of address and refusal to cooperate. If, after a second request by the Court, the relatives still fail to cooperate, the Court shall bring the case to trial and adjudicate in the defendant’s absence in accordance with general procedures.

In case one party residing abroad requests divorce from a spouse residing in Vietnam

• The divorce request or lawsuit shall be submitted to the competent Court through one of the following methods:
• Submission via postal services;
• Online submission in electronic form through the Court’s electronic information portal;
• The Court receives the dossier and issues a notice requiring payment of the advance court fee;
• The spouse may authorize another person to pay the advance civil first-instance court fee at the civil judgment enforcement authority and submit the receipt to the Court;
• The Court accepts the case, proceeds with settlement in accordance with general procedures, and issues a judgment or decision resolving the case;
• If the party residing abroad is unable to return to Vietnam to attend the court hearing, such party may submit a written request for trial in absence to the Court.

In case a foreign national residing abroad applies for a divorce from a Vietnamese citizen residing in Vietnam, the following laws shall apply:

• If the foreign national is a citizen of a country that has entered into a Mutual Legal Assistance Treaty with Vietnam, and such treaty contains provisions different from those of the Law on Marriage and Family 2015, the provisions of the Mutual Legal Assistance Treaty shall prevail; if there are no differing provisions, the Law on Marriage and Family 2015 shall apply;
• If the foreign national is a citizen of a country that has not entered into a Mutual Legal Assistance Treaty with Vietnam, the provisions of the Law on Marriage and Family 2015 shall apply;
• The settlement of marital property being immovable property located abroad shall be governed by the law of the country where such immovable property is located.

In which cases can divorce procedures not be carried out?

Pursuant to Clause 3, Article 51 of the Law on Marriage and Family 2015, the Court shall not accept or settle a divorce request filed by the husband in cases where the wife is pregnant, has given birth, or is raising a child under 12 months of age.

The above provides an analysis of the question: “Can a person abroad file for cross-border divorce in Vietnam?” Should you have any related questions or require legal consultation on applicable regulations, please contact Viet An Law Firm for the best possible support!