Yes, foreigners can get divorced in Vietnam, and in most cases the matter is handled by a Regional People’s Court under Vietnamese law. Whether you married a Vietnamese citizen or another foreigner and both of you live here, you can use the Vietnamese court system. What makes these cases harder is usually the paperwork, service on a spouse who lives abroad, and the deadlines that follow from that.
Vietnam changed its courts and local government in 2025, and new document rules arrived in 2026. Much of the guidance published online is now out of date. This guide explains how the process works in September 2026. Every case turns on its own facts, so it is worth speaking to a good family lawyer in Viet Nam before you file anything.
Can Foreigners Divorce in Vietnam, and Which Law Applies?
The main statute is still the Law on Marriage and Family 2014 (No. 52/2014/QH13). It has not been replaced; in 2025 it received only technical amendments linked to the court reform. Article 127 covers divorces with a “foreign element”. It provides that a divorce between a Vietnamese citizen and a foreigner, or between two foreigners who permanently reside in Vietnam, is decided by the Vietnamese authorities under Vietnamese law.
Some special rules apply:
- If the Vietnamese spouse does not permanently reside in Vietnam when the divorce is filed, the law of the couple’s common permanent residence applies. If they have no common residence, Vietnamese law applies.
- Immovable property located abroad is divided under the law of the country where it sits.
Under the Civil Procedure Code 2015, Vietnamese courts can hear a divorce where the plaintiff or the defendant is a Vietnamese citizen, or where both foreign spouses reside, work or live long-term in Vietnam. If a Vietnamese citizen and a foreigner both live long-term in Vietnam, only Vietnamese courts have jurisdiction.
Mutual-Consent vs Contested Divorce
Mutual-consent divorce (ly hôn thuận tình) (Article 55). You and your spouse file a joint request. You must have agreed on the divorce itself, custody, child support and property. The court still checks that the agreement is genuine and that it protects the interests of the children and the wife. If you cannot agree on property, the court can decide that part for you.
Unilateral (contested) divorce (ly hôn đơn phương) (Article 56). One spouse files alone. They must show that the marriage has broken down: for example, domestic violence or a serious breach of marital duties that makes married life impossible. The court will first try conciliation. If conciliation fails, it holds a hearing.
One important limit (Article 51). A husband cannot file for divorce while his wife is pregnant, has just given birth, or is nursing a child under 12 months old. A wife can file at any time.
Which Court Handles Your Case After the 2025 Reforms
Since 1 July 2025, Vietnam has had a two-tier local government system of provinces and communes, with no district level. The district courts and high courts have been abolished. Law No. 85/2025/QH15 amended the Civil Procedure Code, and first-instance divorce cases, including those with a foreign element, now go to the Regional People’s Court (Tòa án nhân dân khu vực). Its Family and Juvenile Court handles them. Before the reform, these cases went to provincial courts. Appeals now go to the provincial court.
Where you file depends on the type of case:
- Contested divorce: usually the Regional Court where the defendant resides or works. If the defendant lives outside Vietnam, you can generally file where you live.
- Mutual consent: the Regional Court where either spouse resides or works.
In expat hubs such as Hanoi, Ho Chi Minh City, Da Nang and Nha Trang, one Regional Court now covers several of the new communes and wards. Check which court covers your current address before you file. Since 1 March 2026, Supreme People’s Court Resolution 01/2026/NQ-HĐTP (adopted 15 January 2026) has also allowed petitions and evidence to be filed electronically through the Court Public Service System, although physical evidence and audio-visual materials must still be submitted by other means. Many applicants still file in person or by post.
Documents and Legalization
A typical file includes:
- Divorce petition (or joint request for mutual consent)
- Original marriage certificate. If you married abroad, you usually need to record the marriage in Vietnam’s civil status system first, or explain in the petition why you have not done so.
- Passports, visas or residence cards, and Vietnamese ID of the Vietnamese spouse
- Children’s birth certificates
- Documents proving jointly owned property and debts
- Proof of residence and, where relevant, of the other spouse’s address abroad
Foreign documents must be translated into Vietnamese and the translation must be certified. They must also be authenticated. The authentication rules changed in September 2026. The Hague Apostille Convention entered into force for Vietnam on 11 September 2026. The HCCH counted 129 Contracting Parties when Vietnam acceded, and documents from member states that did not object now need only an apostille, with no embassy legalization. Germany (20 May 2026), Austria (19 June 2026) and Czechia (2 July 2026) objected to Vietnam’s accession under Article 12(2) of the Convention, so documents from those countries and from non-member states still need consular legalization. Decree 293/2026/NĐ-CP, which implements the Convention, also provides that a treaty with a simpler procedure or an exemption takes priority. Under the 1998 Vietnam–Russia legal assistance treaty, for example, documents drawn up or certified by judicial authorities are exempt from legalization.
Step-by-Step Process and Realistic Timelines
1. Prepare and file the petition with supporting documents.
2. Court review and acceptance. The court may ask you to add or correct documents. You then pay the advance court fee and the case is formally accepted.
3. Evidence and conciliation (contested cases) or a review meeting (mutual consent).
4. Hearing and judgment, or a court decision recognizing the mutual-consent divorce.
5. Appeal period, after which the judgment takes legal effect.
Court fees are set by Resolution 326/2016/UBTVQH14, which is still in force. A divorce without a property dispute costs VND 300,000. If the court divides disputed property, a sliding-scale fee based on the property’s value is added. For example, the fee is 5% of the disputed value between VND 6 million and VND 400 million, with lower marginal rates above that. Lawyers’ fees are separate.
Timelines vary widely. When both spouses are in Vietnam and they agree, a case can sometimes finish within a few months. When a party is abroad, Article 476 of the Civil Procedure Code requires the court to hold the conciliation meeting no earlier than 6 and no later than 8 months, and the hearing no earlier than 9 and no later than 12 months, after the notice of case acceptance. As a result, these cases often last close to a year or longer.
When Your Spouse Is Abroad or Cannot Be Found
Vietnam has been party to the Hague Service Convention since 1 October 2016. Vietnamese courts can also serve documents through bilateral legal assistance treaties or through diplomatic channels. Under its declarations to that Convention, Vietnam objects to service through judicial officers or other competent persons (Article 10(b) and (c)) and accepts postal service only by registered mail with acknowledgement of receipt, so international service is slow; plan for it from the start. If your spouse cooperates, you can save a lot of time: they can sign a notarized and properly authenticated statement of their position, or appoint a representative in Vietnam.
If you do not know where your spouse is, do not give up. The court can ask the competent authorities to verify an address. Where there is evidence that relatives are deliberately hiding a spouse’s address, Supreme Court guidance allows the court to proceed without the absent spouse. Keep evidence of your attempts to contact them, such as messages, last known addresses and entry–exit records.
Children: Custody and Support
Parents can agree on who has direct custody. If they cannot agree, the court decides based on the child’s best interests (Article 81):
- A child under 36 months is generally placed with the mother, unless she is unfit or the parents agree otherwise.
- From age 7, the child’s own wishes must be considered.
The non-custodial parent must pay child support and has the right to visit, and the custodial parent must not obstruct those visits.
International families have one extra risk. Vietnam is not a party to the Hague Child Abduction Convention, and the U.S. Embassy in Vietnam confirms that there are no bilateral agreements in force between Vietnam and the United States on international parental child abduction. If a child is taken to or from Vietnam without consent, there is no fast-track return mechanism. If you worry about relocation, raise it early. Ask the court to deal with residence, travel and visitation in clear, enforceable terms.
Property Issues for Foreign Spouses
Under Article 59, common property is split roughly equally in principle. The court also weighs each spouse’s contribution, their circumstances, and the need to protect the interests of the wife and children. Foreigners cannot hold land use rights in Vietnam, and they can own homes only under the limited regime of the Housing Law 2023. As a result, family homes are often registered solely in the Vietnamese spouse’s name.
That does not automatically make the home the Vietnamese spouse’s separate property. If it was acquired during the marriage with common funds, the foreign spouse can claim their share. The court will often allocate the land or house to the Vietnamese spouse and order them to pay the foreign spouse the value of that share. Bank records, transfer receipts and purchase contracts are essential evidence here.
Recognition: Foreign Divorces in Vietnam and Vietnamese Divorces Abroad
Divorced abroad? A Vietnamese citizen whose divorce was granted by a foreign court or authority should have it recorded in Vietnam’s civil status books. Since 1 July 2025, this recording (ghi chú ly hôn) is handled by the commune-level People’s Committee. If you need a foreign judgment enforced in Vietnam, for example on property, you must go through a separate court procedure for recognition and enforcement.
Using a Vietnamese divorce abroad? Obtain certified copies of the judgment or decision, together with the certificate that it has taken legal effect. Depending on the destination country, have them apostilled or legalized, then translated. Check the receiving authority’s requirements before you travel.
Practical Tips
- Gather marriage, birth and property documents early. Foreign paperwork is the most common cause of delay.
- Check whether your country applies the Apostille Convention with Vietnam, or whether a bilateral treaty covers your documents.
- If you and your spouse can agree, even partly, you will usually save months.
- Keep your immigration status in mind. A residence card or visa based on marriage may be affected by the divorce.
- Never take children across borders without the other parent’s consent or a court order.
FAQ
Do I need to be in Vietnam for the whole process? Not necessarily. You can often authorize a representative, but some steps, such as conciliation in a contested case, may require your personal participation or a formal written position.
We married abroad. Can we divorce in Vietnam? Usually yes, if Vietnamese courts have jurisdiction. You will generally need to record the foreign marriage in Vietnam first or explain in your petition why you have not.
How much does a divorce cost? The court fee is VND 300,000 without a property dispute. A value-based fee applies to disputed property. Translation, authentication and legal fees come on top.
Will my Vietnamese divorce be recognized in my home country? Generally, a properly authenticated and translated Vietnamese judgment is accepted, but recognition is a matter for your home country’s law.
Conclusion
Divorcing in Vietnam as a foreigner is entirely possible. In 2026 the rules are clearer than before: Regional Courts handle these cases, electronic filing is available, and apostilles are accepted for many countries. Still, cross-border service, document authentication and property held in one spouse’s name can turn a simple case into a long one. Prepare your documents carefully, understand which rules apply to your situation, and get tailored advice early.
This article is general information only and does not constitute legal advice.
