Currently, marriages between Vietnamese citizens and foreigners are increasingly common, and accordingly, divorces involving foreign spouses are also becoming more frequent. Divorce cases involving foreign elements are typically more complex than domestic divorce cases. From July 1, 2025, divorce cases involving a foreign spouse who is a permanent resident in Vietnam shall be handled by the competent Regional People’s Court.

Mutual consent divorce:

Jurisdiction belongs to the Regional People’s Court where either spouse resides or works.

Unilateral divorce:

Jurisdiction belongs to the Regional People’s Court where the respondent resides or works.
If the respondent’s current residence or workplace cannot be identified → the petition is filed at the Regional People’s Court of the respondent’s last known residence or workplace.
If the respondent does not reside or work in Vietnam → the petitioner may file at the Regional People’s Court where they themselves reside or work.

I. REQUIRED DOCUMENTS FOR DIVORCE

1. Mutual consent divorce involving a foreign spouse

• Mutual consent divorce petition (both spouses must sign);

• Marriage certificate (certified copy or original);

• Citizen ID card of the Vietnamese spouse (certified copy);

• Passport of the foreign spouse (certified copy);

• Valid documents proving the current residence of the parties;

• Certified copy of the child’s birth certificate (if any);

• Documents proving common property if the spouses request the court to record their agreement on property division.

2. Unilateral divorce involving a foreign spouse

• Unilateral divorce petition (divorce lawsuit petition);

• Marriage certificate (certified copy or original);

• Citizen ID card of the Vietnamese spouse (certified copy);

• Passport of the foreign spouse (certified copy);

• Valid documents proving the current residence of the parties;

• Certified copy of the child’s birth certificate (if any);

• Documents regarding common marital property (if requesting property division).

II. PROCEDURES FOR DIVORCE WITH A FOREIGN SPOUSE

Step 1: Submit a complete and valid divorce application to the competent court.

Step 2: Within 7–15 days, the court will review the application.

If complete and valid → the court issues a notice of court fee advance.

Step 3: Pay the civil court fee advance at the competent Civil Judgment Enforcement Agency and submit the receipt to the court.

Step 4:

The court conducts a mediation session and proceeds with first-instance procedures according to the law.

IMPORTANT NOTES WHEN DIVORCING A FOREIGN SPOUSE

• Accurately identify the foreign spouse’s lawful residence for proper service of court documents.

• If the respondent is uncooperative or residing overseas, the process will take longer.

• If children or significant marital assets are involved, documents and evidence must be thorough to avoid delays.

GIVLAW – YOUR LEGAL COMPANION IN DIVORCE CASES INVOLVING FOREIGN ELEMENTS

GIVLAW provides comprehensive support:

• Preparation of complete and compliant documents;

• Determination of proper court jurisdiction;

• Evidence collection and file preparation;

• Representation before the Court and relevant authorities;

• Protection of rights regarding property division, child custody, and child support.

Contact GIVLAW for detailed consultation and maximum protection of your legitimate rights.