The divorce between Vietnamese and foreigner in Vietnam

A marriage between a Vietnamese citizen and a foreign national can involve several legal systems. Before choosing the divorce procedure, consider the spouses' current residence, the location of children and assets, and the records available to prove the marriage.

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.

Competence to settle divorce between Vietnamese and foreigners

Court competence must be checked under the Civil Procedure Code as amended by Law No. 85/2025/QH15, effective from 1 July 2025. Regional People’s Courts handle first-instance marriage and family cases within their jurisdiction. International and territorial jurisdiction must still be assessed from the parties’ residence and the other relevant circumstances.

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.

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.

For unilateral divorce

• Petition
• Marriage Certificate (Original)
• identity and current residence information required for the case
• 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.

For consensual divorce

• Application for consensual divorce;
• Marriage Certificate (original)
• Birth certificate (notarized or certified copy)
• identity and current residence information required for the case

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

Service on quickly divorce between Vietnamese and foreigner in Vietnam at Jurion & Partners

Clear documents, a consistent account of the facts and focused settlement discussions can reduce avoidable corrections. The court still applies its procedural requirements, and the overall duration depends on notice, evidence, disputed issues and the circumstances of the case.

• 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.

Legal assistance can include assessing the file, identifying missing records and preparing the requests and evidence for the relevant procedure. The scope and practical next steps should be agreed clearly, without promising a court result or completion date.