The divorce between Vietnamese and foreigner in Vietnam

1. What is divorce involving foreign elements?

Divorce means termination of the husband and wife relation under the legally effective judgment or decision of the court.

A divorce between a Vietnamese and foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency in accordance with this Law.

In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co–reside; if they do not have a place of permanent co-residence, the Vietnamese law shall apply.

2. Competence to settle divorce between Vietnamese and foreigners

Pursuant to point a, clause 1, Article 37 Civil procedure Code 2015, People Courts of the province shall have the jurisdiction to settle divorce between Vietnamese and foreigner in Vietnam.

District-level People Court of localities where Vietnamese reside are competent to settle divorce cases between Vietnamese citizens residing in border areas and citizens of neighboring countries living in areas bordering Vietnam in accordance with this Law and other Vietnamese laws.

In addition, the involved parties can also agree on the Court where the plaintiff is residing and working to settle. In the case of consensual divorce, the jurisdiction of the court of one of the parties consenting to the divorce.

3. The dossier for a divorce between Vietnamese and foreigner in Vietnam

To complete the divorce proceedings with a foreigner quickly, it is necessary to prepare all documents according to the following regulations.

3.1. For unilateral divorce

• Petition
• Marriage Certificate (Original)
• Household registration book (notarized and authenticated copy)
• Identity cards/citizen identification cards/passports of the spouses (notarized or authenticated copies)
• Birth certificate of the child (notarized or certified copy)
• and other documents and evidence proving the property required to be divided such as land use right certificates, vehicle registration papers, etc.

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3.2. For consensual divorce

• Application for consensual divorce;
• Marriage Certificate (original)
• Birth certificate (notarized or certified copy)
• Household registration book (notarized and authenticated copy)
• Identity cards/citizen identification cards/passports of the spouses (notarized or authenticated copies)
• and other documents and evidence proving the property required to be divided such as land use right certificates, vehicle registration papers, etc.

When have a complete dossier, both spouses or one of the spouses who wish to divorce can submit them to the competent authority for settlement.

>>> Read more: Debt payment obligations after divorce

>>> Read more: Disputes Over The Common Property In Divorce

4. Service on quickly divorce between Vietnamese and foreigner in Vietnam at Apolo Lawyers

If you want a quick resolution when divorce with a foreigner, do not hesitate to contact Apolo Lawyers. We will support our client with these tasks:

• Consulting about the right to request the Court to settle divorce;
• Consulting the divorce proceedings;
• Making some paperwork such as petition, requestment, and statement for divorce;
• Participating in divorce settlement procedures at the Court.

Apolo Lawyers - Solicitors & Litigators is proud to be a law firm with many years of experience in supporting our clients in a divorce involving foreign elements. Therefore, if you have any questions about divorce involving foreign elements and need support, do not hesitate to contact Apolo Lawyer via email: contact@apolo.com.vn and hotline: (+84) 903.419.479 to be consulted and helped in the most optimal way.

APOLO LAWYERS