Everything about getting a divorce in Vietnam – Updated 2024

How to getting divorce in Vietnam

Are you seeking legal guidance on divorce procedures for foreigners in Vietnam?  Whether you are a foreign couple or a mixed marriage (one spouse is Vietnamese and the other is foreign), we provide comprehensive and professional legal services tailored to your needs. The following article will provide you with detailed information, knowledge, and conditions, as well as the procedures and steps you need to take to get a divorce in Vietnam.

For assistance with obtaining divorce documents, please contact the hotline Luật Nhật Thư 0842894888 (Zalo/line/viber/messenger)

Different cases of divorce in Vietnam

In Vietnam, divorce cases typically fall into two categories: unilateral divorce and mutual consent divorce. Let me explain each of them as follow:

  • Mutual Consent Divorce in Vietnam: In this type of divorce, both spouses agree to end the marriage and reach an agreement on property division, child custody, and support.
  • Unilateral Divorce: This occurs when one spouse wishes to end the marriage without the consent of the other.

The conditions for getting a mutual consent divorce in Vietnam

The conditions for getting a divorce by mutual consent in Vietnam include:

  • Agreement Between Both Parties: Both spouses must agree to end the marriage and mutually consent to divorce.
  • Agreement on Property Division: The couple must reach an agreement on the division of marital property, assets, and debts.
  • Agreement on Child Custody and Support: If the couple has children, they must agree on child custody and child support arrangements, including visitation rights and responsibilities.
  • These agreements must be based on ensuring the interests of the wife and children.

The conditions for getting a unilateral divorce in Vietnam 

  • Legitimate Grounds: The spouse seeking the divorce must provide legitimate grounds for ending the marriage. These grounds can include serious conflicts, domestic violence, adultery, or other reasons that make the continuation of the marriage impossible. the party seeking the divorve must provide necessary documents such as the evidence supporting the grounds for divorce.
  • Request from One Party: Only one party needs to request the divorce; the consent of the other party is not required.
Unilateral Divorce in Vietnam
Unilateral Divorce in Vietnam – Luật Nhật Thư

The procedures for divorce by mutual consent

The procedures for divorce by mutual consent require 5 steps:

Step 1: Prepare the application for mutual consent divorce

Mutual consent divorce is a civil matter; for the court to process it, both spouses must prepare the following documents:

  • Mutual consent divorce application form.
  • Original marriage registration certificate.
  • The ID cards of both the husband and the wife (certified copy)
  • Registration book of both the husband and the wife (certified copy)
  • The children’s birth certificates.
  • Documents proving ownership of joint assets.

Step 2: File the application for mutual consent divorce at the competent People’s Court

The filing of the application is carried out as follows:

  • If both spouses are residing in Vietnam and there is no foreign element: File the application at the district court where the husband or wife resides.
  • If either the husband or the wife is abroad, or the divorce involves foreign elements: File the application at the provincial court where the husband or wife resides.
  • For divorces between Vietnamese citizens residing in border areas with citizens of neighboring countries who also reside in the border areas with Vietnam: File the application at the district court where the Vietnamese spouse resides and works.

Then, submit the application directly to the court or by post.

Step 3: Paying court fees

If the application is eligible, the judge will notify the couple about the fee payment, and both spouses must complete the process within 5 days.

Within 3 days of acceptance, the parties will receive notification about how to proceed with the mutual consent divorce application.

Step 4: Prepare to review the application

The court will review the application and conduct a public hearing to address the request for mutual consent divorce.

The preparation period for reviewing the application is one month from the date the case is accepted. During this time, the court will conduct mediation.

During this process, the judge will mediate to:

  • Reconcile the couple.
  • Explain the rights and responsibilities of spouses and parents towards their children.
  • Clarify support obligations and other matters related to marriage and family.

Step 5: Issuing a decision to recognize a mutual consent divorce request

  • If the couple reconciles during mediation, the court will dismiss the mutual consent divorce case.
  • If the mediation is unsuccessful, the court will grant the mutual consent divorce. The marriage will end on the date the decision is recognized.

For assistance with obtaining mutual consent divorce documents for domestic and international cases, please contact the hotline Luật Nhật Thư 0842894888 (Zalo/line/viber/messenger)

Mutual Consent Divorce in Vietnam
How to get a Mutual Consent Divorce in Vietnam

The procedures for unilateral divorce in Vietnam

Step 1: Filing for divorce

The documents required to proceed with a unilateral divorce in Vietnam include:

  • Original marriage registration certificate
  • Proof of residence/temporary residence of the Vietnamese and foreign parties (if they are temporarily residing in Vietnam)
  • National ID card or passport of the Vietnamese party
  • Copy of the foreign party’s identification documents (if available)
  • Birth certificate of any children if there are children involved
  • Documents proving assets/debts if there are shared assets or debts
  • Other necessary documents specific to the case

According to legal regulations:

  • If the foreign husband is in Vietnam, the district-level court where the husband is temporarily residing or working has jurisdiction over the unilateral divorce.
  • If the foreign husband is abroad, the provincial-level court where the wife has her permanent residence or temporary residence will have jurisdiction to handle the case.

Then, submit the application directly to the court or by post.

Step 2: The court reviews and accepts the application.

The court reviews and accepts the application.

To have the court process your divorce application, keep in mind:

  • File the divorce application according to Luật Nhật Thư’s guidelines.
  • Make sure all required documents are complete and accurate, without any mismatched information.
  • Pay the advance court fees as instructed by the court and submit the receipt.

If you have any questions about the documentation for a unilateral divorce with a foreign spouse, or need help with lost or missing paperwork, contact Luật Nhật Thư 0842894888 (Zalo/line/viber/messenger)

Step 3: The court processes the case.

The court follows a specific procedure in handling unilateral divorce cases with a foreign spouse as follows:

  • First: Summon both spouses to take statements and opinions.
  • Second: The court verifies and collects relevant documents and evidence.
  • Third: The court holds a mediation session and checks the submission, review, and disclosure of evidence.
  • Fourth: The court conducts the trial of the case. This is the stage where the court reviews all the information and evidence gathered and hears from both parties, including their respective arguments

How to getting divorce in Vietnam

How long does it take to complete divorce proceedings in Vietnam?

  • For unilateral divorce cases, the process typically takes about 4-6 months from the date the court accepts the divorce filing. This duration may be extended if there are complications such as missing documents, the need for additional evidence, or complex disputes.
  • For mutual consent divorce cases, according to the provisions of the 2015 Civil Procedure Code, the resolution time for mutual consent divorce is approximately 2 months depending on the specific case.

For any related inquiries and to receive the fastest service, please contact Luật Nhật Thư 0842894888 (Zalo/line/viber/messenger)

Is a divorce in Vietnam valid in foreign countries?

Question:

Dear, Luật Nhật Thư Law Firm. I am an American citizen who has been living in Vietnam for 8 years. My wife and I have decided to get divorced. She is Vietnamese and we have agreed on the divorce without any disputes. However, if I get divorced in Vietnam, will it be recognized in the America? Do I need to complete any additional procedures in the US? Thanks for your help.

Answer:

Your question is also a common concern for many foreign clients. Accordingly, your divorce in Vietnam will be fully recognized in the America. Typically, after obtaining the divorce judgment/decision from the competent court in Vietnam, you just need to complete the divorce registration procedure in the America. The divorce registration process is an administrative procedure that is simple and not as complicated as the divorce itself, so it can be easily done.

The cost of divorce in Vietnam

The cost of resolving a divorce in Vietnam will depend on each specific divorce case, including but not limited to:

  • Is the divorce file complete?
  • Is the divorce a unilateral or mutual decision?
  • Are there any disputes regarding children or assets in the divorce?

Generally, the cost of resolving a divorce in Vietnam will vary based on the complexity of the case. To provide you with an idea, here is a fee table:

No. The scope of work Service fees
1 Consultation on divorce  in Vietnam Free
2 Mutual Consent Divorce From 2.000 $
3 Unilateral divorce resolution From 2500 $
4 Complex and contested unilateral divorce resolution  It depends on the specific details of the case 

Divorce lawyer services

Luật Nhật Thư is a legal entity specialized in resolving divorce cases, providing the most efficient and reasonable solutions for divorces with international elements. We are ready to support you with:

  • Low-cost divorce service
  • Quick resolution with only one court appearance
  • Preparation of divorce documents and assistance in processing any missing paperwork
  • Acting on behalf of clients in court procedures
  • Participating with clients in mediation sessions, hearings, and testimonies
  • Assisting with document signing at the court premises
  • Receiving the divorce decision and delivering it directly to the client

Why should the Client choose Luật Nhật Thư’s divorce service:

  • Experienced and specialized team of lawyers
  • Years of experience in handling divorce cases in courts nationwide
  • Resolving over 300 divorce cases per year
  • Regular updates and communication with clients regarding case progress
  • Providing the most optimal working and resolution strategies
  • Offering solutions tailored to the clients’ conditions and circumstances
  • Maximizing the protection of clients’ rights and interests
  • Fast, professional, and confidential handling of client information

To utilize our fast divorce service and receive detailed guidance on handling divorces with international elements, please contact our hotline: Luật Nhật Thư 0842894888 (Zalo/line/viber/messenger)

About Us

For more specific advice and support on the subject Everything about getting a divorce in Vietnam – updated 2024 , please contact the Luật Nhật Thư hotline using the information below.

Nhat Thu Law 

🏛 Headquarters: No. 4, Group 32, Hoang Van Thu Ward, Hoang Mai District, Hanoi.

📍 Transaction Office: Lotus 50 Villa, EuroWinDow River Park Building, Truong Sa Road, Dong Hoi, Dong Anh, Hanoi.

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✅ Lawyer’s Practice License/Lawyer’s Card No. 17466/TP/LS-CCHN issued by the Ministry of Justice on November 22, 2019.

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Ho Chi Minh Branch: 84N Nguyen Dinh Chieu, Da Kao, District 01, Ho Chi Minh City.

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