As unhappy marriages become more prevalent, many individuals seek unilateral divorce. But can a marriage registered abroad be unilaterally dissolved in Vietnam? What are the required documents and procedures in such cases?

1. Can a Marriage Registered Abroad Be Unilaterally Dissolved in Vietnam?

According to Article 469 of the Civil Procedure Code (No. 92/2015/QH13), Vietnamese courts have jurisdiction over divorce cases where the petitioner or respondent is a Vietnamese citizen or when foreign nationals involved in the divorce reside, work, or live in Vietnam.

Simultaneously, Article 51 of the Law on Marriage and Family (No. 52/2014/QH13) provides specific guidance for divorces involving foreign elements:

  • Divorces between Vietnamese citizens and foreign nationals, or between foreign nationals residing in Vietnam, are resolved by competent Vietnamese authorities.
  • If a Vietnamese citizen does not reside in Vietnam at the time of divorce proceedings, the divorce is handled under the laws of the country where the Vietnamese citizen and their spouse have a shared permanent residence.
  • If there is no shared permanent residence, Vietnamese law will apply.
  • Disputes concerning immovable property located abroad will be resolved under the laws of the country where the property is situated.

Thus, a Vietnamese citizen married abroad may file for unilateral divorce in Vietnam.

Additionally, under Article 48 of the Law on Civil Status (No. 60/2014/QH13), marriages registered abroad are recognized without requiring re-registration in Vietnam. However, the couple must complete the “marriage registration recognition” procedure in Vietnam to have their marital relationship officially acknowledged. Failure to do so prevents unilateral divorce proceedings in Vietnam.

Marriage Registration Recognition Procedure

As per Article 35 of Decree No. 123/2015/NĐ-CP, the procedure includes:

Required Documents:

  • Declaration form.
  • A certified copy of the foreign-issued marriage certificate.
  • Copies of identification documents of both spouses.
  • If either spouse has been divorced or had a previous marriage annulled abroad, a certified record of such events must be provided.

Authority:
The District-level People’s Committee in the Vietnamese citizen’s place of residence is the competent body.

Steps:

  1. Prepare and submit the necessary documents either in person or by mail to the local People’s Committee.
  2. The Committee processes and updates the Civil Status Register within five working days.
  3. If additional verification is required, the timeline may extend to no more than 10 working days.

2. Unilateral Divorce Procedure in Vietnam for a Marriage Registered Abroad

The following outlines the process for unilateral divorce in this context:

2.1. Required Documents

  • Unilateral divorce petition.
  • Marriage certificate.
  • Vietnamese citizen’s ID card or passport.
  • Foreign spouse’s passport or ID card.
  • Birth certificates of any shared children (if applicable).
  • Documents regarding jointly owned property (if applicable).

2.2. Jurisdiction

Under Articles 28, 29, 35, 36, 37, and 40 of the Civil Procedure Code:

  • If the respondent resides in Vietnam, the competent authority is the People’s Court of the province or city where the respondent lives or works.
  • If the respondent’s location is unknown, the court in the last known place of residence or where the respondent’s assets are located will have jurisdiction.
  • If the respondent resides abroad, the court where the petitioner lives or works will have jurisdiction.

2.3. Procedure

  1. Submission of Documents
    The petitioner submits all required documents to the appropriate court.
  2. Case Acceptance
    Within five working days of receiving a complete application, the court will issue a decision to accept the case.
  3. Mediation (if applicable)
    The court may facilitate reconciliation efforts between the parties.
  4. Trial
    If mediation fails, the court will proceed with the trial. Both parties will be summoned to attend hearings.

The entire process typically takes four to six months. However, disputes over child custody or marital property may extend the timeline.

3.4. Costs

Court fees for unilateral divorce are regulated under Resolution No. 326/2016/UBTVQH14:

Case Type Fee (First Instance)
No disputes 300,000 VND
Disputes over assets:
< 6 million VND 300,000 VND
6–400 million VND 5% of the disputed amount
400–800 million VND 20 million VND + 4% of the amount > 400 million VND
800 million–2 billion VND 36 million VND + 3% of the amount > 800 million VND
2–4 billion VND 72 million VND + 2% of the amount > 2 billion VND
> 4 billion VND 112 million VND + 0.1% of the amount > 4 billion VND

 

Conclusion
Vietnamese citizens married abroad can file for unilateral divorce in Vietnam, provided their marriage is legally recognized in Vietnam. Proper documentation and adherence to procedural requirements are essential for a smooth resolution.

The above information is provided by Mys Law. For any questions regarding the content of this article, please contact 0969.361.319 or email: [email protected] for further clarification. Best regards!

Compiler: Nguyen Anh Quan