Authority to Resolve Unilateral Divorce Cases in Vietnam

A unilateral divorce is one of the forms of terminating a marital relationship at the request of either the husband or the wife when the marriage can no longer be maintained. During the process of conducting unilateral divorce procedures, correctly determining the competent authority to resolve unilateral divorce case is an important factor that directly affects both the progress and the legality of the divorce. However, not everyone fully understands this issue. In the following article, Viet An Law will provide clients with the relevant legal provisions concerning the authority to resolve unilateral divorce cases in Vietnam.

Provisions on the right to request the resolution of a unilateral divorce by one party

Pursuant to Articles 51 and 56 of the Law on Marriage and Family 2014, the right of one party to request the resolution of a unilateral divorce is stipulated as follows:

• When either the husband or the wife files for divorce and reconciliation at the Court fails, the Court shall grant the divorce if there are grounds showing that the other spouse has committed acts of domestic violence or has seriously violated the rights and obligations of the husband or wife, causing the marriage to fall into a serious condition, making the common life impossible to maintain, and the purpose of marriage unattainable.
• In cases where the husband or wife of a person who has been declared missing by the Court requests a divorce, the Court shall grant the divorce.
• In cases where the request for divorce is made by parents or other close relatives, the Court shall resolve the divorce when one spouse, due to mental illness or another disease, is unable to perceive or control his/her acts and is simultaneously a victim of domestic violence caused by the other spouse, seriously affecting his/her life, health, or spirit. If there are sufficient grounds proving acts of domestic violence that seriously harm the life, health, or spirit of the other spouse, the Court shall grant the divorce.

Authority to resolve unilateral divorce cases in Vietnam

Authority by court level

According to Clause 1, Article 28 of the Civil Procedure Code 2015, disputes concerning divorce, child custody, division of property upon divorce, and division of property after divorce are considered marriage and family disputes under the authority to resolve of the Court.

Pursuant to Articles 35 and 37 of the Civil Procedure Code 2015, as amended and supplemented in 2025, the District-level People’s Court shall have the authority to resolve at first instance unilateral divorce cases. Meanwhile, the Provincial-level People’s Court shall have the authority to resolve cases involving divorce, child custody, or division of property upon divorce with foreign elements, or other cases not under the authority of the District-level People’s Court.

Authority by territorial jurisdiction

According to Clause 1, Article 39 of the Civil Procedure Code 2015, the territorial jurisdiction of the Court is determined as follows:

“The Court where the defendant resides or works, if the defendant is an individual, or where the defendant’s head office is located, if the defendant is an agency or organization, shall have authority to settle at first instance civil, marriage and family, business, commercial, and labor disputes.”

Accordingly, the territorial authority to resolve a civil case by the Court is determined as follows:

• The Court where the defendant resides or works;
• The Court as agreed in writing by the parties;
• In case of a dispute involving joint property being real estate, only the Court where such real estate is located shall have the authority to resolve.

Note: Due to the change of administrative boundaries effective from July 1, 2025

Authority by the plaintiff’s choice

Pursuant to Article 40 of the Civil Procedure Code 2015:

• If the defendant’s place of residence or workplace is unknown, the plaintiff may request the Court where the defendant last resided or worked, or where the defendant’s property is located, to resolve the case;
• If the defendant has no place of residence or work in Vietnam, the plaintiff may request the Court where plaintiff resides or works to resolve the case.

Dossier and procedure for resolving unilateral divorce cases

Step 1: Prepare the Unilateral divorce dossier

The dossier includes:

• Petition for unilateral divorce;
• Original marriage certificate (a certified copy can be requested if the original is lost);
• Certified copies of citizen identity cards / passports of both husband and wife;
• Certified copies of children’s birth certificates (if there are common children);
• Other documents and evidence proving common property, such as the certificate of land use rights, vehicle registration certificate, savings book, etc. (certified copies).

Step 2: Submit the dossier

The petitioner shall submit one set of the unilateral divorce dossier either directly or by post to the Court having authority to resolve the unilateral divorce case.

Upon receipt, the Court will check the validity and completeness of the documents and require the petitioner to pay the prescribed court fee.

If the dossier is incomplete or inaccurate, the Court will request the petitioner to supplement or amend it within the statutory time limit. Once the dossier is deemed sufficient and valid, the Court shall accept and process the unilateral divorce case in accordance with legal procedures.

Step 3: Court mediation process

After accepting the petition for a unilateral divorce, the Court shall conduct mediation between the parties.

During the mediation session, the mediator will review the causes of the marital conflict, listen to both parties’ opinions, and endeavor to persuade and encourage reconciliation to maintain the marital relationship if possible.

If reconciliation is successful, the Court will prepare a minutes of successful mediation. Within seven (7) days from the date of such minutes, if neither party changes their opinion, the Court shall issue a Decision Recognizing Successful Mediation, which takes legal effect immediately and cannot be appealed or protested under appellate procedures.

Step 4: Issuance of judgment or decision

If mediation fails, the Court shall issue a decision to bring the case to first-instance trial and send summonses to the involved parties, specifying the time and venue of the hearing.

• At the hearing, if the Court determines that all conditions for divorce under the law are satisfied, it shall adjudicate and officially recognize the divorce.
• Along with the termination of the marital relationship, the Court shall concurrently resolve related matters such as: child custody rights, division of common property, and obligations of alimony or support,etc to ensure the lawful rights and interests of all parties involved.

Unilateral divorce when one party is living abroad or is a foreigner

Authority to resolve unilateral divorce cases in Vietnam

According to Article 37 of the Civil Procedure Code 2015, divorce cases involving foreign elements fall under the authority to resolve of the Provincial-level People’s Court (not under district-level jurisdiction).

👉 Specifically, the Provincial People’s Court where the plaintiff (the petitioner for divorce) resides or works shall have the authority to accept and resolve the case when:

• One party is a foreigner;
• One party is a Vietnamese citizen residing abroad; or
• The divorce requires judicial entrustment to a foreign country.

In cases where the address of the husband or the wife abroad cannot be determined

According to Official Dispatch No. 253/TANDTC-HTQT of the Supreme People’s Court, if the address of the party residing abroad cannot be identified, the Court shall:

• Request the relatives of that person (parents, siblings, or other family members in Vietnam) to provide information about the person’s place of residence abroad;
• If, after two valid requests, the relatives still fail to cooperate or provide information, the Court may conduct a trial in absentia in accordance with the law.

Handling and sending the judgment after trial

After the Court issues a judgment or decision on divorce, the case file shall be:

• Posted publicly and a copy of the judgment shall be delivered to the relatives of the party in Vietnam;
• At the same time, the judgment or decision shall be forwarded to the party residing abroad through diplomatic channels or international postal service.

Important notes

• If one party is a foreigner residing in Vietnam, the dossier must include a copy of the passport, visa, temporary residence certificate, or permanent residence card.
• If one party is living abroad, the petitioner must provide a clear and specific address to enable the Court to carry out judicial entrustment procedures in accordance with the law.
• In cases where contact with the other spouse has been lost for many years, the Court may consider declaring that person missing or proceed to trial in absentia to ensure the lawful rights and interests of the petitioner.

📞 Viet An Law Firm, with an experienced team of marriage and family lawyers, especially in cases involving foreign elements, is ready to assist clients with:

• Legal consultation on divorce involving foreign elements;
• Preparation of dossiers, representation for filing and participation in court proceedings;
• Assistance with consular legalization, translation of marriage, passport, and residence documents of the spouse abroad;
• Representation in working with courts and diplomatic agencies to protect the lawful rights and interests of clients.