Divorce when a Vietnamese Citizen residing abroad without address

Divorce when a Vietnamese citizen residing abroad without address is a complex procedure that requires an in-depth understanding of international civil procedure and domestic regulations. The petitioner must prepare all relevant documents carefully, understand the process thoroughly, and contact competent authorities or qualified legal counsel to ensure full protection of lawful rights and interests. Contact Apolo Lawyers – Solicitors & Litigators via Hotline (+84) 903 419 479 or Email contact@apolo.com.vn for quick and effective support. With a dedicated and professional legal team, we are committed to accompanying you throughout the entire divorce process. 

1. Definition

The settlement of a divorce case is the process through which a Court reviews and issues a judgment or decision to terminate a marital relationship between husband and wife in accordance with applicable law. In practice, there are cases where the respondent is a Vietnamese citizen living abroad without a specific address, making the proceedings more complicated than ordinary divorce cases.

This situation commonly occurs when one spouse moves abroad for work or residence and subsequently loses contact or fails to provide a clear residential address. As a result, the petitioner encounters difficulties in submitting documents, serving legal papers, and conducting procedural steps.

Divorce when a Vietnamese Citizen residing abroad without address

2. Resolution of divorce cases involving defendants who are overseas Vietnamese with unknown addresses

The applicable legal basis for this matter is provided in Article 10 of Resolution No. 01/2024/NQ-HĐTP, which guides the application of several provisions of law concerning family and marriage cases. The Resolution has been in effect since 1 July 2024. Specifically:

“Article 10. Resolution of divorce cases involving defendants who are overseas Vietnamese with unknown addresses

In divorce cases where a Vietnamese citizen residing in Vietnam seeks a divorce from an overseas Vietnamese and can only provide the last known address of defendant in Vietnam but cannot provide the address abroad of defendant, the Court shall proceed as follows:

1. If there is a basis to determine that the defendant has contacted with their relatives in Vietnam, but these relatives do not provide the address  of defendant to the Court or fail to comply with the request of Court to inform the defendant, such actions shall be considered intentional concealment of the address of defendant.

If the Court has made a second request and the relatives still do not provide the address or do not fulfill the notification requirement, the Court shall continue the proceedings and adjudicate in the absence of the respondent in accordance with standard procedure.

2. After the trial, the Court shall send a copy of the judgment and decision to the relatives of defendant for them to forward to the defendant. The Court shall also publicly post a copy of the judgment and decision at the headquarters of the People Committee of the commune where the defendant last resided and where the relatives of defendant reside, so that the parties may exercise their right to appeal in accordance with the law of civil procedure.”

Accordingly, if the petitioner cannot provide a precise address for the Vietnamese respondent abroad and the Court cannot declare the respondent missing due to confirmation from relatives that communication remains possible, the Court still has jurisdiction to accept the petition and proceed under the above regulation. This serves as a legal basis to protect the rights of the petitioner and prevent non-genuine marital status from persisting in Vietnam.

3. Importance of legal provision

In divorce cases where the address of respondent address is unknown, the Court must, in certain situations, rely on the procedure for declaring a person missing as prescribed under the Civil Code 2015. This procedure forms the legal basis for resolving the divorce of petitioner divorce request.

However, in practice, some cases involve a petitioner who cannot provide an address while the relatives of respondent confirm ongoing communication. In such cases, the Court cannot declare the respondent missing, which may result in a prolonged non-genuine marital status and negatively affect the lawful rights of the other party.

Therefore, the regulation on divorce proceedings involving a Vietnamese respondent abroad without a known address is essential. It ensures protection of the lawful rights and interests of petitioner and prevents unnecessary prolongation of marital relationships that no longer exist in reality.

When handling such cases, the Court must guarantee transparency and legality of proceedings, ensuring compliance with international procedural rules. Moreover, proper handling of the divorce provides a foundation for resolving related matters such as child custody, common property, and financial obligations.

Nevertheless, the petitioner must comply with all legal requirements; otherwise, the Court may return the petition, suspend the case, or the judgment may not be recognized abroad.

4. Key Considerations for the Petitioner

To facilitate the divorce process when the respondent is a Vietnamese citizen residing abroad without a known address, the petitioner should take the following steps:

• Collect and provide information on the last know residence of respondent in Vietnam.
• Submit all available information and evidence proving that the respondent is residing abroad and that the petitioner has no access to a precise address.
• Prepare a complete and valid dossier to prevent case delays or rejection by the Court, including:
  • Petition for unilateral divorce;
  • Original or certified copy of the marriage certificate;
  • National ID card or citizen ID card and household registration of the petitioner;
  • Birth certificates of common children (if applicable);
  • Documents related to common property or debts (if division is requested).
• Consult a qualified divorce lawyer to ensure smooth proceedings and protection of lawful rights of all parties.
• Cooperate actively with the Court during verification, evidence submission, and provision of information regarding the relatives of respondent.

Divorce when a Vietnamese Citizen residing abroad without address​

5. Apolo Lawyers – Solicitors & Litigators provides consulting services on divorce procedures

Our company provides fast unilateral divorce services in Ho Chi Minh City, such as:

• Advice on the right to request the Court to settle a divorce;
• Advising on conciliation procedures at the grassroots level;
• Advice on divorce proceedings;
• Advising on grounds for divorce;
• Advising on regulations on consent divorce and divorce at the request of one party;
• Advice on principles of the property division upon divorce and procedures for property division;
• Advice on divorce settlement procedures at the Court.

Hopefully, with the information we shared above, Apolo Lawyers – Solicitors & Litigators has helped you better understand the cases in which a unilateral divorce is not allowed. In order for the divorce to be resolved quickly, the divorce petitioner can conduct the divorce procedures by himself or ask for a divorce procedure consulting service. When coming to the divorce procedure consulting service at Apolo Lawyers, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

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: Resolving Spousal Relationships in Unilateral Divorce

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