1. Which authority has jurisdiction?

Many clients coming to my office are often confused about whether to file their application in Vietnam or abroad. According to regulations, divorces between a Vietnamese citizen and a foreigner, or between foreigners who permanently reside in Vietnam, will be resolved by the competent authority in Vietnam. The jurisdiction to settle these cases at the Court is implemented in accordance with the provisions of the Civil Procedure Code.

However, there is a minor note: In case you are a Vietnamese citizen but do not permanently reside in Vietnam at the time of requesting a divorce, the divorce will be resolved according to the laws of the country where both spouses share a common place of permanent residence.

2. How is real estate located abroad divided?

Property is always the most sensitive and complex issue. If you and your spouse have real estate assets (houses, land) located abroad, the Vietnamese Court will not apply Vietnamese law to divide these assets. The settlement of real estate properties located abroad upon divorce must comply with the laws of the country where the real estate is located.

3. Common practical situations:

To help readers easily visualize the application of the law, let's take a look at 3 typical examples that I usually handle directly:

- Example 1: Both spouses are foreigners living in Vietnam. Mr. John and Ms. Mary (both US citizens) have been working and permanently residing in Ho Chi Minh City for 5 years. Currently, conflicts arise and they want to get a divorce. Even though they do not hold Vietnamese citizenship, because they are foreigners permanently residing in Vietnam, their divorce can absolutely be resolved by the competent authority in Vietnam.

- Example 2: Vietnamese wife, foreign husband who has returned to his home country. Ms. Lan (Vietnamese nationality) married Mr. David (Australian nationality). After a while, Mr. David returned to Australia and cut off contact. Ms. Lan wants to file for a unilateral divorce in Vietnam. In this case, the Vietnamese Court will still accept and resolve the case because it is a divorce between a Vietnamese citizen and a foreigner. (In reality, the Court will need to carry out additional judicial delegation procedures to serve the dossier to Australia.

- Example 3: Divorce in Vietnam, but having a house abroad. Mr. Tuan (Vietnamese) and Ms. Mai (American) agree to a consensual divorce at a Vietnamese Court. A problem occurs because they have a house purchased together in California, USA. In this case, the Vietnamese Court will resolve the divorce and the properties located in Vietnam, while the settlement of the house in the US will be subject to US law, where the real estate is located.

Facing a divorce case involving foreign elements, every application and personal document needs to be prepared and consularly legalized with extreme care. Do not let yourself bear this exhausting burden alone.

In addition to legal counseling on divorce, Dao Viet Law Firm Company Limited - Davilaw Branch also provides consultation on all legal, psychological, and emotional issues related to marriage and family, such as legal counseling on marriage, adoption, and the rights and obligations among family members.