Recognition of Foreign Divorce Judgments in Vietnam

Recognition of foreign divorce judgments in Vietnam is a mandatory procedure for divorce judgments issued by foreign courts to obtain legal validity within the territory of Vietnam. This document provides an overview of the legal provisions, procedures, and significance of recognizing foreign divorces in Vietnam. 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. Foreign Divorce

Foreign divorce refers to the termination of a marital relationship between a husband and a wife under a judgment or decision of a foreign court, in cases where at least one of the parties is a Vietnamese citizen or the case is otherwise related to Vietnam. This situation is common in the context of Vietnamese citizens residing, working, or marrying abroad.

However, for a foreign divorce judgment to have legal effect in Vietnam, such judgment must be recognized and enforced by a competent Vietnamese court in accordance with applicable laws.

Recognition of Foreign Divorce Judgments in Vietnam

2. Legal Provisions on Recognition of Foreign Divorce Judgments in Vietnam

According to Article 125 of the Law on Marriage and Family 2014, the recognition of divorce judgments or decisions of foreign courts requiring enforcement in Vietnam shall comply with the provisions of the Code of Civil Procedure 2015.

To obtain recognition of a court of foreign divorce judgment in Vietnam, one of the following two circumstances must apply:

• Case 1: If a court of foreign divorce judgment requires enforcement in Vietnam, an application for recognition and enforcement of such judgment or decision must be filed with a competent Vietnamese court.
• Case 2: If a court of foreign divorce judgment or decision does not require enforcement in Vietnam and no application for recognition has been submitted, the divorce must be recorded in the civil status register, and a note of divorce must be made if the individual returns to reside permanently in Vietnam or intends to register a new marriage with a competent Vietnamese authority.

Example: A Vietnamese citizen who obtained a divorce judgment from a court in the United States must file an application for recognition of the foreign divorce judgment at the provincial people’s court of the locality where that person resided before leaving Vietnam, or where a relative currently resides.

Without this recognition procedure, that person continues to be considered legally married under Vietnamese law.

3. Importance of Recognizing Foreign Divorce Judgments in Vietnam

Recognition of foreign divorce judgments in Vietnam is of great significance for the following reasons:

• Establishment of lawful marital status in Vietnam: Upon recognition, the individual is legally considered divorced under Vietnamese law and may lawfully remarry in Vietnam.
• Protection of rights and obligations concerning children and property: A foreign divorce judgment may determine child custody, alimony, and property division. Recognition ensures protection of the parties lawful rights and interests within Vietnam and prevents disputes regarding children or property located in Vietnamese territory.
• Facilitation of administrative and civil status procedures.
• Ensuring legal uniformity between Vietnam and other jurisdictions: Recognition prevents conflicts of laws in matters relating to marriage and family.

Without recognition, Vietnamese state authorities cannot depend on foreign judgments to resolve related legal issues.

4. Statute of Limitations for Applications for Recognition and Enforcement

According to Article 432 of the Civil Procedure Code 2015:

“Article 432. Statute of limitations for applications for recognition and enforcement

1. Within three years from the date on which a court of foreign civil judgment or decision takes legal effect, the person entitled to enforcement, any person with related lawful rights and interests, or a lawful representative thereof, has the right to submit an application to the Ministry of Justice of Vietnam in accordance with an international treaty to which both the Socialist Republic of Vietnam and the foreign state are parties, or to a competent Vietnamese court as prescribed by this Code, to request recognition and enforcement of such judgment or decision in Vietnam.
2. Where the applicant proves that a force majeure event or an objective obstacle prevented submission of the application within the prescribed time limit, the duration of such event or obstacle shall not be included in the limitation period.”

Recognition of Foreign Divorce Judgments in Vietnam

Accordingly, the statute of limitations for requesting recognition of a foreign divorce judgment in Vietnam is three years from the date on which the court of foreign judgment takes legal effect.

However, in cases where a force majeure event or objective obstacle prevents timely submission under Clause 1 of Article 432 of the Civil Procedure Code 2015, the applicant bears the burden of proof. The duration of such event or obstacle shall not be included in the limitation period.

5. Legal services Apolo Lawyers provide for divorce cases

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: Quick Divorce and Fast Divorce Procedures for Foreigners in Vietnam Divorce

>>> Read more: Unilateral Divorce Lawyer in Vietnam: Your Legal Support Starts Her