Guide to Recording a Foreign Divorce in Vietnam

The procedure for recording a foreign divorce or marriage annulment of a Vietnamese citizen is a vital administrative process. It ensures the legal recognition and management of a citizen’s marital status under Vietnamese law. This article provides a detailed analysis of the conditions, competent authorities, and steps for this procedure based on current regulations.

Conditions for the Administrative Procedure

As stipulated in Article 37 of Decree 123/2015/ND-CP, the conditions for recording a divorce or marriage annulment in the Civil Status Book are:

• A legally effective judgment, decision, settlement agreement, or other document recognizing a divorce issued by a competent foreign authority can be recorded, provided it does not violate Vietnamese law.
• Vietnamese citizens who have divorced or had their marriage annulled abroad must complete the procedure for recording a foreign divorce if they subsequently return to reside permanently in Vietnam or apply for a new marriage registration at a competent Vietnamese authority.
• The Ministry of Justice publishes an official list on its electronic portal of foreign divorce judgments or decisions that are subject to an enforcement request or a non-recognition request in Vietnam.

Competent Authority

Pursuant to Article 38 of Decree 123/2015/ND-CP and Article 4 of Decree 120/2025/ND-CP, the authority to handle the procedure for recording a foreign divorce is:

• The Justice Division of the commune-level People’s Committee.

Procedure for Recording a Foreign Divorce

The procedure for annotating a divorce or marriage annulment resolved abroad ensures its legal validity and recognition in Vietnam. The process is regulated as follows.

Dossier Components and Submission Methods

The required dossier, as per Clause 1, Article 39 of Decree 123/2015/ND-CP, includes:

Documents to be Submitted:

• A completed application form as prescribed.
• A copy of the legally effective foreign judgment, decision, or other document recognizing the divorce or marriage annulment.
• A power of attorney (certified) if the applicant authorizes another person to act on their behalf. Certification is not required if the authorized person is a grandparent, parent, child, spouse, or full sibling of the applicant.

Documents to be Presented for Verification:

• A valid Passport, ID Card, Citizen Identity Card, or other photo identification document.
• Proof of residence to determine jurisdiction (e.g., for citizens returning to reside in Vietnam). This is not required if the information can be accessed from the National Population Database.
• If submitting by post, certified copies of these documents are required.

Applicants can submit the dossier in person, by post, or online through the National Public Service Portal, as regulated in Clause 1, Article 3 of Decree 123/2015/ND-CP (amended by Decree 07/2025/ND-CP).

>>> CLICK TO DOWNLOAD:

• DIVORCE RECORDING APPLICATION FORM
• INTERACTIVE ELECTRONIC CIVIL STATUS FORM FOR RECORDING A DIVORCE

>>> See more at: Foreign Element Guardianship Registration

Procedure Steps

The procedure for recording a foreign divorce, detailed in Article 39 of Decree 123/2015/ND-CP, includes the following steps:

• Step 1: Dossier Submission The applicant submits the dossier and pays any applicable fees. This can be done in person at the Public Administration Service Center or online via the National Public Service Portal.
• Step 2: Dossier Check and Reception A receiving officer verifies the accuracy and completeness of the dossier. If valid, an appointment slip for result collection is issued. If incomplete, the applicant is notified to provide the missing documents.
• Step 3: Dossier Verification A civil status officer appraises the dossier. The officer verifies that the request complies with Vietnamese law and checks the Ministry of Justice portal to ensure the foreign judgment is not subject to an enforcement or non-recognition request in Vietnam. If the application is valid, the officer records the information in the Divorce Annotation Book and updates the electronic civil status management system. For online applications, a draft of the electronic extract is sent to the applicant for confirmation before finalization.
• Step 4: Return of Results The officer prints the Extract of Divorce Annotation, has it signed by the leadership of the commune-level People’s Committee, and transfers it to the Public Administration Service Center for collection by the applicant.

Processing Time

• The standard processing time is 05 working days.
• If verification is required, the timeframe is extended to a maximum of 08 working days.

Fees and Charges

• The specific fee is determined by the provincial-level People’s Council.
• Fee exemptions are granted to families of revolutionaries, poor households, and persons with disabilities.
• The fee for issuing a copy of the Extract of Divorce Annotation, if requested, is regulated by Circular 281/2016/TT-BTC, at VND 8,000 per copy.

>>> See more at: Recognizing a foreign divorce in Vietnam

Consulting and Authorization Services

Long Phan Consulting Company offers comprehensive services for the procedure of recording a foreign divorce. Our scope of work includes:

• Advising on the necessary conditions for the procedure.
• Providing guidance on the required dossier and the entire application process.
• Reviewing the legal validity of all documents and evidence before submission.
• Drafting and preparing all necessary application forms and related documents.
• Acting as the authorized representative to submit the dossier and monitor its progress.
• Receiving the final results and delivering them to the client with clear explanations.

With a professional team, Long Phan Consulting Company is committed to helping clients complete the procedure for recording a foreign divorce efficiently and in full compliance with the law.

Frequently Asked Questions

What is a Civil Status Book?

A Civil Status Book is the legal basis for creating, updating, and correcting an individual’s civil status information in the electronic civil status database. Each type of civil status event is recorded in a separate book, which is permanently archived. Legal Basis: Clause 1, Article 58 of the 2014 Law on Civil Status.

How is a citizen’s residence information accessed from the National Population Database?

Information can be accessed through various methods: the administrative procedure systems of ministries or provinces, the National Public Service Portal, a citizen’s VNeID electronic identification account, or by using QR code or chip readers connected to the database. Legal Basis: Clause 2, Article 14 of Decree 104/2022/ND-CP.

Can an applicant authorize another person to carry out the procedure?

Yes. The applicant can perform the procedure directly or authorize another person via a power of attorney to submit the dossier in person, by post, or online.

Can this procedure be completed online?

Yes. Applicants can complete the procedure for recording a foreign divorce online as prescribed by law.

What documents does the applicant receive upon completion?

The applicant receives an Extract of Divorce Annotation, copies of the extract (if requested), and an electronic version of the extract.

Conclusion

The procedure for recording a foreign divorce or marriage annulment is a mandatory legal requirement that protects a citizen’s rights in personal and civil relations in Vietnam. Understanding the regulations helps ensure the process is handled quickly and accurately. For detailed consultation and professional support, please contact Long Phan Consulting Company via our hotline: 1900636389.