Divorcing in Vietnam After Marrying Abroad – Is It Possible?

A reader, Tuyet Mai, shared her situation: She went overseas for her studies and got married to a foreigner. The couple registered their marriage abroad. After a few years, they returned to live in Vietnam. However, her husband wanted to move back abroad to settle permanently, while she preferred to remain in Vietnam near her family. Unable to agree, they decided to divorce. Her concern was whether their divorce petition could be processed in Vietnam.

Lawyer Dang Truong Thanh, Ho Chi Minh City Bar Association, explained:

According to Article 469 of the 2015 Civil Procedure Code, Vietnamese courts have jurisdiction over civil cases involving foreign elements, including divorce cases where either party is a Vietnamese citizen or where foreign nationals reside, work, or live in Vietnam.

Article 127 of the 2014 Law on Marriage and Family specifies that divorces between a Vietnamese citizen and a foreigner, or between two foreigners permanently residing in Vietnam, fall under the jurisdiction of Vietnamese authorities.

If the Vietnamese spouse does not permanently reside in Vietnam at the time of filing for divorce, the case will be resolved under the law of the country where the couple resides together. If there is no shared residence, Vietnamese law applies.

When it comes to dividing property, any real estate located abroad will be handled under the law of the country where the property exists.

Therefore, Vietnamese citizens who marry abroad may still request divorce in Vietnam. However, before filing for divorce, they must complete the marriage recognition procedure (“ghi chú kết hôn”) in Vietnam so that their marriage is legally valid under Vietnamese law.

This procedure is outlined in Article 35 of Decree 123/2015. The application includes:

• A completed application form;

• A copy of the foreign-issued marriage certificate;

• Additional documents if submitted by post, or proof of prior divorce if applicable.

If the requirements are met, the Justice Department will record the marriage in the civil registry and issue an official extract. If not, the application may be refused.

It is also important to note that under Decree 120/2015 (effective July 1, 2025), the authority to handle marriage recognition will be transferred from district-level People’s Committees to commune-level People’s Committees.

In summary, if the marriage recognition has not yet been completed in Vietnam, the couple must complete this procedure first. Without it, their marriage will not be legally recognized in Vietnam, and the court will not accept their divorce petition.