Resolving disputes over divorce with foreign elements in Vietnam always requires regulation by strict and consistent legal provisions. The development of cross-border marital relations has increased the number of cases that need to be resolved according to civil procedure, creating the requirement to improve the legal mechanism to ensure the lawful rights and interests of the parties.

From July 1, 2025, the Law amending and supplementing the Civil Procedure Code together with related laws officially takes effect, bringing important changes regarding jurisdiction and procedures for resolution. The establishment of the Regional People’s Court replacing the District People’s Court, together with the adjustment of the jurisdiction of the Provincial People’s Court, has created a new adjudication mechanism, ensuring specialization and improving the effectiveness of resolving marriage and family cases with foreign elements.

This article will analyze the order and procedures for resolving disputes in marriage and family with foreign elements under the new provisions, clarifying the current legal mechanism, ensuring the feasibility of the law, and affirming the role of the People’s Court in protecting justice and human rights in accordance with the requirements of international legal integration.

1. Legal Basis and Scope of Regulation

The resolution of divorce disputes with foreign elements in Vietnam is governed by a consistent legal system, including laws and guiding documents. The highest legal documents include the Law on Marriage and Family 2014 (amended and supplemented in 2025), the current Civil Procedure Code (amended and supplemented in 2025), the Law on Organization of the People’s Courts, guiding Resolutions of the Council of Judges of the Supreme People’s Court, international conventions to which Vietnam is a party, as well as relevant international judicial assistance treaties.

According to the provisions of the Law on Marriage and Family, divorce is the termination of the marital relationship by a legally effective judgment or decision of the Court. A marriage and family relation with foreign elements arises when at least one of the parties involved is a foreigner or a Vietnamese citizen residing abroad, or when the dispute relates to property abroad or rights and obligations governed by foreign law.

The Civil Procedure Code 2015 provides for jurisdiction, order, procedures for initiating lawsuits, collection of evidence, first-instance trial, appellate trial, cassation, and is also the core legal foundation. In addition, the amendments in Law No. 85/2025/QH15 on the organization of the People’s Courts, the Civil Procedure Code, the Law on Administrative Procedure, effective from July 1, 2025, have adjusted the organizational structure and new jurisdiction of the People’s Courts at all levels, notably the establishment of the Regional People’s Court replacing the district level, and strengthening the role of the Provincial People’s Court in appellate and cassation review.

The scope of regulation of these laws covers general principles, jurisdiction, rights and obligations between husband and wife, child custody, division of property, alimony obligations, recognition and enforcement of foreign judgments, as well as the entire civil procedure from the receipt of the lawsuit petition to the issuance of a legally effective judgment or decision, including enforcement of judgments domestically and requests for recognition and enforcement of foreign judgments and decisions on marriage and family in Vietnam.

2. Jurisdiction to Resolve Divorce Disputes with Foreign Elements

From July 1, 2025, first-instance jurisdiction over divorce cases with foreign elements is transferred from the Provincial People’s Court to the Regional People’s Court under the provisions of the Law amending and supplementing a number of articles of the Civil Procedure Code No. 85/2025/QH15.

The Regional People’s Court has jurisdiction to resolve at first instance all disputes and requests concerning marriage and family with foreign elements, except for requests or cases concerning annulment of arbitral awards or registration of arbitral awards in certain exceptional cases provided in Clause 2 Article 37 of the amended Civil Procedure Code.

The Family and Juvenile Court at the Regional People’s Court will resolve these cases according to first-instance procedures.

In cases of marriage and family disputes with foreign elements arising in border areas between Vietnamese citizens residing in border areas and citizens of neighboring countries residing in border areas, jurisdiction belongs to the Regional People’s Court where the Vietnamese citizen resides.

The Provincial People’s Court performs the appellate function for judgments and decisions of the Regional People’s Court that are appealed or protested, and also undertakes cassation and reopening review of those judgments and decisions when there is a protest under cassation or reopening procedures.

Issues concerning recognition and enforcement of judgments and decisions of foreign courts relating to marriage and family are received and resolved by the Provincial People’s Court in accordance with the provisions of the Civil Procedure Code on recognition and enforcement of foreign judgments in Vietnam.

3. Right to Initiate Lawsuits in Divorce Disputes with Foreign Elements

According to the Civil Procedure Code 2015 and the Law on Marriage and Family, the right to initiate lawsuits in marriage and family disputes with foreign elements includes:

• Agencies, organizations, and individuals have the right to initiate lawsuits themselves or through lawful representatives.
• Parents or other relatives have the right to request the Court to resolve divorce when one spouse suffers from mental illness or another disease that prevents awareness and control of behavior, and is also a victim of domestic violence caused by the other spouse.
• The husband does not have the right to request divorce when the wife is pregnant, giving birth, or nursing a child under 12 months old.
• For consensual divorce, both parties must truly be voluntary, have agreed on property division and child custody, and such agreement must not contravene the law or social ethics.
• Unilateral divorce is only resolved when there is violence or serious violation of obligations that makes the marriage seriously deteriorated and the common life cannot continue.

Cases that do not meet the conditions for initiating lawsuits or lack sufficient grounds for divorce will result in the Court returning the petition.

4. Divorce Dossier

A divorce dossier with foreign elements includes:

• Petition for divorce, request for recognition of consensual divorce (according to the Court’s form).
• The original or certified copy of the Marriage Certificate. If the original is lost, there must be confirmation from the place of marriage registration or a valid copy.
• Certified copies of identity documents of the parties (citizen identity card, passport).
• Household registration book or documents proving the residence of the petitioner and the respondent (if any).
• Birth certificate of common children (if any). Documents on ownership of common property.
• Documents proving that one party is abroad (passport, exit confirmation, related documents).
• Documents related to property or personal rights that need to be resolved by the Court.

Documents issued abroad must be legalized by consular authorities and translated into Vietnamese with notarization according to law. If the marriage was registered under foreign law but divorce is requested in Vietnam, the marriage certificate must be legalized and recorded in the Civil Status Register at the Department of Justice before filing the petition.

5. Receipt and Examination of Divorce Petition

The divorce petition is submitted to the competent Court by direct submission, by post, or through the electronic system (if available). The procedure for receiving the petition is carried out as follows:

• After receiving the petition and dossier, the officer records and confirms receipt, and enters it into the petition register.
• Within 2 working days from receipt, the Petition Receiving Department examines and reports to the Chief Justice for assignment of a Judge to review and handle.
• Within 5 days from receipt of the petition and complete dossier, the Judge reviews and evaluates the validity of the petition. If the petition meets the conditions, a notice is issued requiring the petitioner to pay the advance court fee within 7 days. If the petition does not meet the conditions, it is returned with a request for supplementation or amendment (for example, supplementing the respondent’s address, proof documents).

If the petitioner has provided a valid address of the respondent according to contracts, transactions, or police confirmation, but service cannot be effected because the respondent has changed address or deliberately conceals it, the Court must still accept the case and apply special service measures under the amended Civil Procedure Code 2025 and related Resolutions.

6. Notice of Acceptance of Divorce Petition and Service

According to Article 196 of the Civil Procedure Code, within 3 working days from acceptance, the Judge issues a written notice to the parties, the Procuracy of the same level, and persons with related rights and obligations about the acceptance.

This notice specifies: date, month, year, name and address of the accepting Court, petitioner, respondent’s address, issues requested for resolution, time limit for submission of written opinions, right to counterclaim, independent claims, and legal consequences of not responding.

Service of procedural documents to parties in Vietnam is carried out by court officers or postal service. For parties abroad, the Court serves by one of the following methods:

• According to international treaties to which Vietnam is a party.
• Through diplomatic channels (via the Ministry of Justice and Vietnamese diplomatic missions abroad).
• Through postal service to the address where the party resides abroad if permitted by the host country.
• If these methods fail, public posting of the judgment or decision is carried out at the office of the Commune People’s Committee where the party last resided, where relatives reside, and on the Court’s electronic portal.

For cases where the respondent is abroad but the address is unknown, after verification and proper procedure, if it is determined that the respondent deliberately conceals the address or does not cooperate, the Court proceeds to trial in absentia under special procedural rules.

7. Mediation before Divorce

Mediation in civil procedure in general and in marriage and family cases with foreign elements in particular is mandatory, except for cases where mediation is not permitted or cannot be conducted.

After carrying out the acceptance notification procedures, the Court organizes a meeting to review the submission, access, and disclosure of evidence and to mediate between the parties, except in cases provided in Clauses 2 and 3 Article 207 of the Civil Procedure Code such as when a party is absent abroad or the parties have submitted a request not to mediate. This process takes place during the preparation stage for first-instance trial, lasting from 30 to 60 days or depending on the nature of the case.

Mediation must be conducted openly and transparently, ensuring the rights and obligations of the parties, and in compliance with substantive and procedural law on mediation. Particular attention must be paid to:

• For cases involving child custody, the Court must obtain the opinion of children under 18 years of age who are at least 7 years old, ensuring psychological appropriateness, without coercion, and not in the presence of parents.
• If mediation is successful, the Court issues a decision recognizing the agreement of the parties, which takes legal effect immediately and is not subject to appeal or protest. If mediation fails, the case proceeds to trial under general procedure.
• For cases where the respondent or related parties abroad have unknown addresses or cannot be contacted, mediation can’t be conducted, the Court records this and continues with procedural steps.

8. Collection of Evidence and Expert Examination

Collection and evaluation of evidence is particularly important in resolving marriage and family disputes with foreign elements, ensuring comprehensiveness and objectivity. The work includes:

• Taking statements from the parties, witnesses, and verifying through competent authorities regarding residence, exit, entry, personal background, and property abroad.
• Collecting documents proving ownership of common or separate property registered abroad or in Vietnam.
• For documents issued abroad, they must be legalized by consular authorities and translated into Vietnamese with notarization.
• In cases where property cannot be verified in Vietnam, the Court carries out international judicial entrustment (through the Ministry of Justice and the Ministry of Foreign Affairs) in accordance with international treaties or laws on mutual legal assistance. The entrusted dossier, costs, translations, and procedures are prepared according to specialized guidance and usually last up to 12 months under the Civil Procedure Code 2025. If after two entrustments no result is obtained, the Court may resolve the case based on the collected documents and evidence.
• Requesting expert examination for statutory issues such as examination of traces, documents, determination of parentage (DNA), mental health, and health status of the parties, conducted under Vietnamese judicial expertise procedures or through international judicial entrustment when necessary.

The collection and evaluation of evidence must ensure the protection of the lawful rights of children, persons with disabilities, and vulnerable persons, while enabling the parties to substantiate their lawful claims regarding all disputed issues: marital status, child custody, alimony, and common or separate property.

9. First Instance Divorce Trial

After completing the preparation for trial, collecting evidence and when mediation fails or cannot be conducted, the Regional People’s Court issues a decision to bring the case to first instance trial. All trial procedures comply with the procedural rules provided in the Civil Procedure Code.

The composition of the Trial Panel, the order of opening, questioning, debate, deliberation and pronouncement of judgment comply with the principles of publicity and transparency, ensuring the rights and obligations of the parties similar to other civil cases but with specific features:

• In absentia trial: If the respondent and or the petitioner are abroad and have been duly served twice, have requested trial in absentia, or are determined to have absconded or deliberately concealed their address, the Court proceeds to trial in absentia under general procedure (Article 228 of the Civil Procedure Code).
• When resolving issues concerning children under 7 years old or in necessary cases, the Trial Panel may consult with child protection agencies, the Department of Justice, ensuring the rights and interests of children.
• Regarding property division, the Court resolves according to Vietnamese law, except for immovable property abroad, which is resolved under the law of the country where the property is located (Article 59 of the Law on Marriage and Family).

The judgment must clearly state the enforceability, obligations of child support, obligations to transfer property, other rights and obligations, and note issues of nationality, civil status, and civil status registration when related to enforcement abroad.

10. Appeal Procedures and Appellate Trial

10.1. Time Limit for Appeal and Protest

• For parties in Vietnam: 15 days from the date of pronouncement of the first-instance judgment or from the date of receipt of the judgment if absent.
• For parties residing abroad who were absent at trial: 1 month from the date the judgment or decision is served or duly posted according to law.
• For cases tried in absentia due to inability to serve: the time limit for appeal is 12 months from the date of pronouncement.

10.2. Appellate Procedure

• The appeal petition is submitted to the Regional People’s Court that tried the case at first instance or directly to the Provincial People’s Court with appellate jurisdiction.
• The Provincial People’s Court reviews within the statutory time limit, may open a public appellate trial, with appropriate composition of the Trial Panel, and may decide to uphold, amend, or annul the first-instance judgment.
• Appellate judgments and decisions take legal effect immediately upon pronouncement.

11. Enforcement of Judgments and Effect of Judgments

When a judgment or decision resolving a marriage and family dispute with foreign elements takes legal effect, the parties, agencies and organizations concerned are responsible for fully and strictly performing the obligations concluded in the judgment or decision.

11.1. Domestic Enforcement

• The parties have the right and obligation to request the Civil Judgment Enforcement Agency where the property is located or where the person obliged to enforce resides to carry out coercive measures, seizure, freezing of accounts, transfer of property, and enforcement of child support obligations when the person obliged to enforce is still in Vietnam.
• In cases where the judgment or decision concerns child custody, property, or alimony and the person obliged to enforce has left the country, measures must be taken to verify residence, and an application must be made for recognition and enforcement of the judgment abroad through the Ministry of Justice or the Ministry of Foreign Affairs, requesting mutual legal assistance if there is a bilateral or multilateral treaty on enforcement assistance.

11.2. Recognition and Enforcement of Foreign Judgments and Decisions in Vietnam

• The person entitled to enforcement residing or the organization with property in Vietnam has the right to submit a dossier requesting recognition and enforcement of the judgment or decision of a foreign Court at the Provincial People’s Court where the person or property subject to enforcement is located.
•  The dossier includes: application for recognition, original or copy of the judgment or decision, notarized translation, documents legalized by consular authorities, confirmation of validity, documents proving lawful service abroad. The time limit for request is 3 years from the date the foreign judgment takes effect.
• The Vietnamese Court examines jurisdiction and conditions for recognition (not contrary to the fundamental principles of Vietnamese law, reciprocity principle, protection of the rights of the parties), holds a hearing to review the application, and issues a decision to recognize or not recognize.
•  When the recognition decision takes effect, the foreign judgment or decision has the same enforceability as a lawful judgment of the Vietnamese Court.

12. New Points Updated in the Law Amending and Supplementing the Civil Procedure Code 2015 No. 85/2025/QH15 Effective from July 1, 2025

Some notable amendments and updates directly affecting the order of resolving marriage and family disputes with foreign elements include:

• The structure of the Court system at all levels, replacing the District People’s Court with the Regional People’s Court, while the Provincial People’s Court mainly performs appellate, cassation, and reopening functions.
• Expansion of first-instance jurisdiction at the regional level, addition of new specialized Courts, with clear assignment that the Family and Juvenile Court at the Regional Court handles marriage and family cases.
• Simplification and digitalization of procedures for filing petitions, online trials, electronic service, and international judicial entrustment, shortening the time for processing dossiers and entrustment to a maximum of 12 months.
• Addition of responsibility for verifying information and addresses of parties abroad by the Court, strengthening coordination with the Ministry of Foreign Affairs and diplomatic missions to improve the effectiveness of service and evidence collection.
• Application of the substantive reciprocity principle in recognition and enforcement of foreign judgments, with more flexible requirements for legalization, reducing procedural costs.

Conclusion

Currently, the procedures for resolving marriage and family disputes with foreign elements in Vietnam have been completed with provisions ensuring publicity, transparency and standards, suitable for protecting the lawful rights and interests of the parties and the rights of children, while being compatible with international law. Jurisdiction and the entire procedural process have been clearly amended and updated according to the model of the Regional People’s Court, ensuring access to justice and timely handling of the increasing number of cases with deepening international integration.

All marriage and family disputes with foreign elements are resolved sequentially and systematically from the stage of receiving the petition to acceptance, service, mediation, evidence collection, first-instance trial, appellate trial, enforcement of judgments and recognition and enforcement of foreign judgments. Proper implementation of these provisions contributes to upholding the authority of Vietnamese law, ensuring justice and human rights in the context of comprehensive international integration.

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