Unilateral divorce for foreigners in Vietnam

Unilateral divorce is an important legal process, especially for foreigners living in Vietnam. This article will provide detailed information about the procedures, requirements, and important considerations when undertaking a unilateral divorce in Vietnam. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or hotline: (+84) 903 419 479 for the best advice and support.

1, What is unilateral divorce for foreigners in Vietnam?

Unilateral divorce is a situation where one party wants to end the marriage without the consent of the other. This can occur for many reasons, ranging from daily life conflicts to more serious issues such as domestic violence.

Unilateral divorce with foreign elements refers to a scenario where one spouse requests a divorce, and at least one party in the marriage is a foreigner or a Vietnamese citizen residing abroad. Foreign elements can arise when one or both spouses hold different nationalities, reside overseas, or have assets, income sources, or children with foreign nationality. All legal matters and decisions during the divorce process must comply with both the laws of the country where the marriage took place and the laws of the relevant foreign country.

Unilateral divorce with foreign elements includes the following cases:

• One spouse is a foreign national.
• One or both spouses are Vietnamese citizens currently living and residing abroad.
• One or both spouses are Vietnamese but married abroad according to foreign law.
• One or both spouses are Vietnamese but married abroad under Vietnamese law (registered at a Vietnamese embassy or consulate).
• The couple has joint assets overseas.

Unilateral divorce

2. What is the jurisdiction for handling unilateral divorce procedures?

The provincial/city peoples court is the competent authority with jurisdiction to handle unilateral divorces involving foreign elements. Depending on the nature of each case, jurisdiction may lie with either the provincial or district court. The details are as follows:

According to Article 35 of the Civil Procedure Code 2015, the district peoples court has jurisdiction to resolve the following disputes in first-instance procedures:

a) Civil disputes, marriage, and family matters as specified in Articles 26 and 28 of this Code, except for disputes specified in Clause 7 of Article 26;

b) Business and commercial disputes as specified in Clause 1 of Article 30;

c) Labor disputes as specified in Article 32.

The district peoples court has jurisdiction to handle the following requests:

a) Civil requests as specified in Clauses 1, 2, 3, 4, 6, 7, 8, 9, and 10 of Article 27;

b) Marriage and family requests as specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10, and 11 of Article 29;

c) Business and commercial requests as specified in Clauses 1 and 6 of Article 31;

d) Labor requests as specified in Clauses 1 and 5 of Article 33.

Disputes or requests specified in Clauses 1 and 2 of this Article that involve parties or assets located abroad or require judicial authorization from the representative agency of the Socialist Republic of Vietnam abroad, or from foreign courts or competent authorities, do not fall under the jurisdiction of the district peoples court, except for cases specified in Clause 4 of this Article.

The district peoples court where the Vietnamese citizen resides handles the annulment of illegal marriages, divorce, disputes over the rights and obligations of spouses, parents and children, paternity, adoption, and guardianship between Vietnamese citizens living in border areas and citizens of neighboring countries also residing in border areas with Vietnam as regulated by this Code and other provisions of Vietnamese law.

Thus, unilateral divorce with foreign elements, according to the above regulations, does not fall under the jurisdiction of the district peoples court.

Based on the provisions of Clause 1, Article 37 of the Civil Procedure Code 2015, the provincial peoples court has jurisdiction to resolve the following matters in first-instance procedures:

a) Civil disputes, marriage and family matters, business, commercial, and labor issues as specified in Articles 26, 28, 30, and 32 of this Code, except for disputes under the jurisdiction of the district peoples court as specified in Clauses 1 and 4 of Article 35;

 b) Civil, marriage and family, business, commercial, and labor requests as specified in Articles 27, 29, 31, and 33 of this Code, except for requests under the jurisdiction of the district peoples court as specified in Clauses 2 and 4 of Article 35;

c) Disputes or requests specified in Clause 3 of Article 35.

Therefore, unilateral divorce with foreign elements in this case falls under the jurisdiction of the provincial peoples court.

Unilateral divorce

3. Documents for unilateral divorce of foreigners in Vietnam

1. Prepare the Documents

Foreigners wishing to file for unilateral divorce need to prepare the following documents:

• Divorce application (according to the courts template)
• Marriage certificate (notarized if necessary)
• Proof of residency status in Vietnam
• Evidence of the reason for divorce (if any)

2. Submit the Application to the Court

The documents should be submitted to the district peoples court where either party resides or where the marriage certificate was issued. The court will review the documents and notify about the acceptance of the case.

3. Notification and Hearing

The court will notify the other party about the divorce. If that party is absent or refuses to participate, the court will still proceed with the hearing. If the other party agrees, the court will conduct mediation.

4. Final Decision

After reviewing the evidence and reasons for the divorce, the court will make a final decision. If the divorce is granted, the court will issue a divorce certificate.

Important Notes

• Language: All documents must be translated into Vietnamese and notarized.
• Timeframe: The unilateral divorce process may take from 3 to 6 months, depending on the specific circumstances.
• Rights: Attention should be given to issues regarding child custody and joint assets during the divorce process.

>>> More: Foreigners Filing for Unilateral Divorce

>>> More: Navigating Unilateral Divorce Disputes A Comprehensive Guide

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