Can you file for divorce online in Vietnam?

In the context of rapid technological development, many administrative procedures have been implemented online to save time and costs for the public. As a result, a significant number of individuals raise the question of whether online submission of a divorce petition is permissible and how Vietnamese law currently regulates this matter. The following article provides clarification on this issue. For legal consultation, please contact Apolo Lawyers via email at contact@apolo.com.vn or via hotline at (+84) 979.489.879 for detailed guidance.

1. What Is Divorce?

Divorce refers to the termination of a lawful marital relationship between a husband and a wife by a legally effective judgment or decision of a Court. From the time a divorce becomes legally effective, the marital relationship no longer exists from a legal perspective. Accordingly, after divorce, where the parties wish to establish a new marital relationship with another person, such action is lawful and does not violate legal provisions.

Under current law, divorce is classified into two forms: divorce at the request of one party and divorce by mutual consent. Upon divorce, matters such as child custody, child support obligations, division of common property, and settlement of common debts are examined and decided by the Court in accordance with applicable legal regulations. After a divorce, each party has the right to remarry, provided that statutory conditions are satisfied.

Can you file for divorce online in Vietnam?

2. What Is Online Divorce Filing?

Online divorce is commonly understood as the performance of divorce-related procedures through online means, including submission of dossiers, exchange of documents, or resolution of cases without direct appearance at the Court. However, this understanding reflects practical demand rather than a concept expressly recognized under current marriage and family law.

Under Vietnamese law, a fully online divorce procedure has not yet been established. Divorce constitutes the termination of a marital relationship by a legally effective judgment or decision of a Court and therefore remains subject to procedural requirements prescribed by law.

Pursuant to Clause 1, Article 190 of the Civil Procedure Code 2015, a divorce petition may be submitted through the following methods:

• Direct submission to the Court;
• Submission by postal service;
• Online submission in electronic form via the electronic information portal of the Court, where such a system is available.

In addition, pursuant to Chapter III of the Resolution No. 04/2016/NQ-HDTP, the claimant is required to access the electronic information portal of the Court, fully complete the petition form, affix an electronic signature, and submit the petition to the Court. All accompanying documents and evidence must also be transmitted to the Court via the electronic information portal.

It should be noted that electronic submission of a divorce petition is applicable only where the Court has implemented electronic filing functions. The electronic transaction account granted by the Court to the applicant remains valid for six months from the date of issuance of the judgment or decision resolving the civil case.

Accordingly, online divorce procedures are applicable only in part, rather than throughout the entire divorce process.

3. Is Authorization Permissible to Limit Direct Appearance at the Court?

Pursuant to Clause 4, Article 85 of the Civil Procedure Code 2015:

“4. An authorized representative in accordance with the Civil Code is recognized as an authorized representative in civil proceedings.
In divorce cases, litigants are not permitted to authorize another person to participate in proceedings on their behalf of the litigant. In cases where parents or other relatives request the Court to resolve divorce matters in accordance with Clause 2, Article 51 of the Law on Marriage and Family, such persons act as representatives.”

Accordingly, under current law, a husband or a wife is not permitted to authorize another person to participate in divorce proceedings, including authorization granted to a lawyer.

Nevertheless, in circumstances where direct participation in case resolution is not possible, a litigant may authorize a lawyer or lawful representative to perform certain tasks related to divorce procedures. With respect to participation in mediation sessions or court hearings, the law continues to require the direct presence of the husband and the wife in many cases.

Therefore, online divorce filing does not eliminate the requirement to appear at the Court, but serves only to reduce certain direct administrative procedures.

In summary, online divorce has not been recognized under Vietnamese law as an independent and fully online procedure. However, individuals may perform certain steps of the divorce process online in combination with dossier submission and case resolution at the Court. In order to ensure legitimate rights and interests, careful review of relevant legal provisions or consultation with a lawyer is recommended before initiation of divorce procedures.

Can you file for divorce online in Vietnam?

Apolo Lawyers – Solicitors & Litigators offers comprehensive legal services designed to help clients achieve a fast divorce while safeguarding their rights and interests. Our services include:

• Consulting on mutual consent and unilateral divorce procedures;

• Reviewing, drafting, and organizing all required divorce documents;

• Representing clients during negotiations on property division and child custody;

• Advising on financial settlements, spousal support, and child support;

• Assisting with recognition and enforcement of foreign divorce judgments in Vietnam;

• Representing clients before the People Court in divorce proceedings;

• Supporting post-divorce procedures, such as civil status registration updates.

With a team of experienced and dedicated lawyers, Apolo Lawyers is committed to guiding you through each stage of the divorce process, ensuring legal compliance and helping you resolve your case as quickly and smoothly as possible.

Divorce is quite a complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

>>> Read more: Seeking Legal Assistance for Unilateral Divorce Services in Vietnam

>>> Read more: How to File a Unilateral Divorce in Accordance with Vietnamese Law?