Consent divorce procedures for foreigners in Vietnam

Article overview

Consent divorce with a foreigner in Vietnam requires an understanding of specific legal regulations. The process of terminating a marriage between a Vietnamese citizen and a foreigner is not only a personal matter but also involves many complex procedures. Understanding each step will help customers resolve a consent divorce smoothly and quickly.

Consent divorce procedures for foreigners in Vietnam
Consent divorce procedures for foreigners in Vietnam

What is consent divorce?

According to the provisions of Article 55 of the Law on Marriage and Family 2014, consent divorce is a divorce at the request of both husband and wife when they have agreed on all issues of marital relations, child custody, alimony, and property division.

The nature of a divorce by mutual consent is due to the request of both husband and wife to agree to divorce, truly voluntarily divorce. Once there is an agreement between both parties, the Court recognizes the divorce by mutual consent.

Procedures for divorce with foreigners

Documents need to be prepared

Consent divorce documents for foreigners include:

  • Application for recognition of divorce by mutual consent.
  • Original marriage registration certificate, if any, in case the original is lost, submit a copy certified by a competent State agency. In case of marriage registration abroad, carry out the procedure of recording the marriage in the registration book at the Department of Justice;
  • Citizen ID or Passport of the couple (notarized copy);
  • Temporary residence book/temporary residence card of husband and wife (notarized copy);
  • Birth certificates of children if there are children together;
  • Documents proving common assets and common debts;
  • Documents proving that one party is abroad (if any)
  • Other relevant documents.

Competent authority to resolve

  • According to the provisions of Clause 1, Article 127 of the Law on Marriage and Family 2014, divorce by consent for foreigners in Vietnam falls under the jurisdiction of Vietnamese Courts.
  • According to Article 35 of the Code of Civil Procedure 2015, in cases of consent divorce involving foreign elements, the Provincial People’s Court has jurisdiction to resolve it.
  • However, in the case of consensual divorce between a Vietnamese citizen residing in a border area and a citizen of a neighboring country residing in the same border area of ​​Vietnam, it is under the jurisdiction of the District Court where the Vietnamese citizen resides.
What is an uncontested divorce with a foreigner?
What is an uncontested divorce with a foreigner?

Procedures carried out

Step 1: : Submit application

Submit divorce documents to the competent Court through one of the following methods:

  • Direct;
  • By post;
  • Online through the National Public Translation Portal (if available).

Step 2: The court reviews, accepts the file and resolves the request for consent divorce

Within 03 working days from the date of receipt of the request and accompanying documents and evidence, the Chief Justice of the Court assigns a Judge to resolve the request.

In case the request does not have complete content, the Judge requires the requester to amend and supplement within 07 days from the date of receipt of the request.

In case the request and accompanying documents and evidence are considered eligible for acceptance, the Judge shall proceed as follows:

  • Notify the requester of the fee payment within 05 working days from the date of receipt of the fee payment notice;
  • The Court accepts the request when the requester submits to the Court a receipt for the fee for resolving the civil matter;
  • In case the requester is exempted or does not have to pay the exam fee, the Judge will handle the civil matter from the date of receipt of the request.

Step 3: Mediation and recognition of divorce

The judge must conduct mediation to reunite the couple.

  • In case after mediation, the husband and wife reunite, the Judge will issue a decision to suspend the resolution of their request.
  • In case the conciliation and reunion fail, the Judge will issue a decision to recognize the divorce by mutual consent and the agreement of the parties.

Fees for consent divorces with foreigners in Vietnam

Pursuant to Resolution 326/UBTVQH14, the fee for consent divorce for foreigners in Vietnam is 300,000 VND.

Consent divorce fees
Consent divorce fees

Consulting services and support for divorce procedures for foreigners in Long Phan

At Long Phan, we provide comprehensive support services in carrying out consent divorce procedures for foreigners. Our services include:

  • Consulting on favorable conditions for divorce with foreigners;
  • Advise the Court with jurisdiction to resolve uncontested divorces with foreigners;
  • Consulting and support in preparing all necessary documents and records for divorce;
  • Support in drafting divorce petitions and related documents;
  • Instructions on the order and procedures for divorce without consent for foreigners in Vietnam;
  • Consulting on issues related to children and property during an uncontested divorce;
  • Consulting and answering other issues related to uncontested divorce with foreigners.

Carrying out accurate divorce procedures and complying with the law is extremely important, helping the divorce process take place quickly and smoothly. We provide professional solutions, helping the divorce process go smoothly and effectively. Please contact the hotline 0906735386 for detailed advice and best support from the Long Phan team of experts.