Complete Guide to International Divorce Procedure in Vietnam: Timeline, Costs, and Property Division Explained in Full
NEXORA LAWFIRM has extensive practical experience in international divorce and provides end-to-end support for divorce proceedings (both consensual and contested) involving couples where one spouse is Vietnamese and the other a foreign national, including Japanese nationals — covering jurisdiction, document preparation, property division, and matters relating to child custody. This article comprehensively explains the basic flow, timeframe, cost, and key points to note for international divorce in Vietnam. For readers interested in topics such as "international divorce procedure in Vietnam," "jurisdiction for divorce involving a foreign national," "the time and cost involved in divorce," "property division under Vietnamese law," and "divorce support for Japanese nationals in Vietnam," this article offers clear, practice-based guidance and points to consider.
Divorce refers to the formal termination of a marital relationship by a court judgment or decision having legal effect.
Among these, an "international divorce" (a divorce with a foreign element) refers to a divorce case in which one or both spouses hold foreign nationality, or in which the parties reside abroad. International divorce is more complex in procedure than a purely domestic divorce, and both the applicable law and the procedure vary case by case.
01 - What Is an International Divorce?
Under Article 127 of Vietnam's 2014 Law on Marriage and Family, an international divorce refers to the following cases:
Divorce between a Vietnamese national and a foreign national
Divorce between two foreign nationals taking place within Vietnam
Divorce between two Vietnamese nationals where the marriage was established, altered, or terminated under foreign law, or where related assets are located abroad
Article 127(2) and (3) also set out the criteria for determining which law applies.
02 - Law Applicable to International Divorce
In an international divorce, the applicable law is determined by the following criteria.
Where both spouses are Vietnamese nationals but habitually reside abroad: the divorce is resolved under the law of the country of residence
Where there is no common habitual residence: the divorce is resolved under Vietnamese law
Where there is jointly owned real estate abroad: property matters are resolved under the law of the country where the real estate is located
✅ Vietnamese law recognizes the application of the appropriate law to individual circumstances, while respecting the laws of other countries and the principles of private international law.
03 - Illustrative Examples of International Divorce
Below are some typical case studies for illustration.
Example (1)
A and B are both Vietnamese nationals
Their marriage is registered (or recorded) in Vietnam
They currently reside in Japan
➡ Divorce may be handled by a Vietnamese court
➡ [Applicable law] Japanese law (the Japanese Civil Code)
Example (2)
A is Vietnamese, B is Japanese
Both reside in Japan
Their marriage is registered (or recorded) in Vietnam
➡ Depending on the case, divorce may be handled in either Vietnam or Japan (depending on place of residence and mutual agreement)
➡ [Applicable law] Japanese law or Vietnamese law, depending on the circumstances
Example (3)
A is Vietnamese, B is Japanese
The parties reside in different countries
Their marriage is registered (or recorded) in Vietnam
➡ Divorce may be handled by a Vietnamese court
➡ [Applicable law] Vietnamese law
Example (4)
A is Vietnamese, B is Japanese
The parties reside in different countries
Their marriage is registered (or recorded) in Vietnam
They jointly own real estate located in Japan
➡ Divorce may be handled by a Vietnamese court
➡ [Applicable law]
Matters concerning the marital relationship and children: Vietnamese law
Matters concerning property division: Japanese law (the law of the location of the real estate)
04 - Court Jurisdiction over International Divorce (Vietnamese Law)
In international divorce proceedings in Vietnam, which court has jurisdiction is an extremely important point. This is governed by Articles 469 and 470 of the 2015 Civil Procedure Code, as follows.
4.1. Principle: Jurisdiction of the Provincial People's Court
Divorce cases containing a foreign element (international divorce) are, in principle, within the jurisdiction of the provincial-level (Tỉnh) People's Court (Tòa án nhân dân cấp tỉnh).
Specifically, the following kinds of cases are covered.
Divorce between a Vietnamese national and a foreign national
Divorce between foreign nationals (where the procedure takes place in Vietnam)
Cases involving disputes over property division or child custody with an international element
✅ The provincial-level People's Court hears the case as the court of first instance.
4.2. Exception: Cases Within the Jurisdiction of the District-Level People's Court
Where the following specific conditions are met, the district-level (Huyện) People's Court (Tòa án nhân dân cấp huyện) will have jurisdiction instead.
Where the parties (the married couple) and their property are all located within Vietnam, and no judicial assistance (mutual legal assistance procedure) is required
A special exception applicable to border regions
Where a Vietnamese national resides in a border region and, together with a foreign national also residing in the border region, seeks:
Annulment of an unlawful marriage
Divorce
A dispute concerning rights and obligations between spouses or between parent and child
A dispute concerning adoption or guardianship
In these cases, jurisdiction lies with the district-level People's Court having jurisdiction over the place of residence of the Vietnamese party.
05 - The Process for International Divorce (Contested/Unilateral Divorce)
In the case of an international divorce initiated unilaterally by one party (a so-called unilateral or contested divorce), the procedure in Vietnam generally proceeds through the following five steps.
Step 1: Preparing the required documents
The documents required to file for international divorce are as follows.
Petition for international divorce
Certified copies of both spouses' passports, Vietnamese national ID cards (CMND/CCCD), and household registration books (ho khau)
The original marriage certificate
If lost, a certified copy issued by the competent state authority must be submitted, together with a detailed explanation of the circumstances in the petition
Where the marriage was registered abroad, the procedure to record the marriage in Vietnam must first be completed
A copy of the birth certificate(s), if there are children
Documents evidencing the spouses' property rights (where there is a property dispute)
Where one spouse has gone abroad and their whereabouts are unknown, a certificate from the local administrative authority
Where the marriage was registered abroad but the divorce is to take place in Vietnam
Consular legalization of the marriage certificate
The procedure to record the marriage at the Department of Justice is required
If this recording procedure has not been completed, the reason must be stated in the petition
Step 2: Filing the petition with the court
Once the required documents are prepared, the petition is filed with the following court.
For a unilateral divorce: the provincial-level People's Court (Tòa án nhân dân cấp tỉnh) with jurisdiction over the defendant's (the other party's) place of residence
Step 3: The court's review of the petition
Once the petition is accepted, the court will:
Review the lawfulness and completeness of the documents within 8 business days
If there are no issues, issue a notice for the provisional payment of litigation costs (court fees and charges)
The recipient of the notice must make the provisional payment within 5 business days
The court then formally issues a decision to accept the case and notifies the procuracy and the defendant.
Step 4: Provisional payment of litigation costs (court fees and charges)
The plaintiff makes the provisional payment of litigation costs at the civil judgment enforcement office (Chi cục Thi hành án dân sự) and submits the payment receipt to the court.
Where time constraints exist, this provisional payment procedure can also be carried out through a lawyer under a power of attorney (which must be notarized/legalized).
Step 5: Commencement of the trial procedure and judgment
Once the necessary procedures have been completed, the court holds an oral hearing and examines the evidence and arguments.
The parties are given the opportunity to present and explain their arguments and evidence before the court.
The court will also consider complex matters involving an international element and will, together with the divorce itself, examine issues such as property division, child custody, and child support.
* Important note regarding when the judgment takes legal effect
An international divorce judgment does not take immediate legal effect at the moment it is rendered by the court.
Under Vietnam's Civil Procedure Code, the following appeal periods apply.
For a party residing within Vietnam: an appeal may be filed within 15 days of the date of service of the judgment
For a party residing abroad: an appeal may be filed within 30 days of the date of service of the judgment
If no appeal is filed by either party within this appeal period, the judgment becomes final and takes legal effect.
✅ Accordingly, even after a judgment has been rendered, the divorce is not considered legally finalized until the appeal period has expired and the judgment has become final — this requires careful attention.
06 - Consensual Divorce Procedure with a Foreign Spouse (Vietnamese Law)
A consensual (mutually agreed) divorce with a foreign spouse proceeds through the following five steps.
Step 1: Preparing the required documents
The documents required for a consensual divorce with a foreign spouse are as follows.
A joint application for consensual divorce with a foreign spouse (to be signed by both spouses)
Where agreement cannot be reached, a petition for unilateral divorce should instead be prepared
The original marriage certificate (or, if lost, a certified copy from the competent authority)
Where the marriage took place abroad, the procedure to record the marriage at the Department of Justice must be completed
Certified copies of both spouses' passports or Vietnamese national ID cards (CMND/CCCD)
A copy of the household registration book (ho khau), or a temporary residence certificate/residence card
A copy of the birth certificate(s), if there are children
Evidence relating to jointly held property and debts (where there is a property dispute)
Documentation proving that one spouse is located abroad (where applicable)
Other related materials
✅ Note: documents issued by a foreign authority require consular legalization.
Step 2: Filing with the court
The application is filed with the provincial-level People's Court (Tòa án nhân dân cấp tỉnh) with jurisdiction over the applicant's (plaintiff's) place of household registration in Vietnam.
Documents may be submitted by post or in person through a representative (a lawyer or acquaintance).
Step 3: Court review and acceptance
Upon receiving the application, the court reviews jurisdiction and the lawfulness of the application within 8 business days.
If there are no issues, the court issues a notice for the provisional payment of litigation costs (fees), requiring payment by the plaintiff within 5 business days.
Once the provisional payment is complete, the court formally accepts (registers) the case and commences the resolution procedure.
✅ If time is limited, the provisional payment and other procedures can be delegated to a lawyer (the power of attorney must be notarized).
Step 4: The court's examination of the consensual divorce (conciliation procedure)
Under Vietnamese law, a conciliation procedure is, in principle, mandatory at the time of divorce.
However, where one or both parties fail to appear for a legitimate reason, the conciliation procedure is omitted and the court proceeds with the examination.
Step 5: Issuance of the decision recognizing the consensual divorce
Having completed the necessary examination procedures, the court issues a Decision Recognizing Consensual Divorce (Quyết định công nhận thuận tình ly hôn).
* Important note regarding when the judgment takes legal effect — as described above
07 - Timeframe for Resolving International Divorce
The time required by the court to resolve an international divorce varies depending on the type of divorce and the specific circumstances of the case. General guidelines are as follows.
Consensual divorce (involving a foreign national): approximately 3 to 4 months
Unilateral divorce (involving a foreign national)
First instance: approximately 4 to 6 months
* This may be further extended where the defendant is absent, or where there is a property or custody dispute.
Appeal (second instance): approximately 3 to 4 months (where an appeal is filed)
■ Where the Defendant Resides Abroad
Because judicial assistance procedures (international service of process) are required, resolution can take 24 months or more in some cases.
■ Practical Note
The timeframes above are only general guidelines and may vary significantly depending on the complexity of the case, the whereabouts of the defendant, and whether there is a dispute over assets or children.
08 - Court Costs and Fees for International Divorce (Vietnam)
In Vietnam, court costs for international divorce are set out as follows (based on Resolution No. 326/2016/UBTVQH14 of 2016).
■ Basic Court Costs
Consensual divorce (involving a foreign national): VND 300,000
Unilateral divorce (involving a foreign national): VND 300,000
Where there is a property dispute:
Base fee of VND 300,000 + an additional fee based on the value of the property
Where the value of the property is VND 6,000,000 or more, an additional fee applies
Judicial assistance fee (service of process abroad): VND 200,000
■ Additional Fees by Property Value
Under VND 6,000,000: VND 300,000
VND 6,000,000 to VND 400,000,000: 5% of the property value
VND 800,000,000 to VND 2,000,000,000: VND 36,000,000 + 3% of the excess
VND 2,000,000,000 to VND 4,000,000,000: VND 72,000,000 + 2% of the excess
Over VND 4,000,000,000: VND 112,000,000 + 0.1% of the excess
✅ For a consensual divorce with no dispute over property division, no additional fee arises.
09 - Property Division in International Divorce
Where the parties reside in Vietnam and hold assets such as real estate or cash, property division is carried out under Vietnamese law.
■ Principle: The Spouses' Agreement Takes Priority
Where the spouses voluntarily agree on the division of property, that agreement will govern.
■ The Court's Criteria Where No Agreement Is Reached
The statutory marital property regime applies (property formed during the marriage is presumed to be jointly owned).
Where a property agreement (a matrimonial property contract) exists between the spouses, it governs.
Where the property agreement is invalid or unclear, the matter is determined under Articles 59 through 64 of the 2014 Law on Marriage and Family.
■ Factors Considered in Property Division
The respective family circumstances of each spouse
The degree of contribution to the creation, maintenance, and development of the property
Consideration for post-divorce livelihood and occupational/business activities
Whether either spouse was at fault in breaching marital obligations
■ Method of Division
The general principle is an equal split, though an unequal division may be permitted depending on the circumstances.
Where an asset cannot be divided in kind, it is divided by having one party pay compensation based on its appraised value.
Each spouse's separate property (individual assets) remains with that spouse. However, where separate property has been commingled, it will be divided in proportion to each party's contribution.
■ Protection of Children and Vulnerable Parties
The interests of minors and persons under guardianship (such as those with mental disabilities) must be given the highest priority.