Authority to resolve marriage and family cases involving foreign elements

In Article 123 of the Law on Marriage and Family regulations on authority to resolve marriage and family cases involving foreign elements are specifically as follows:

(1) The authority to register civil status related to marriage and family relationships involving foreign elements is implemented in accordance with the provisions of law on civil status.

(2) The authority to resolve marriage and family cases involving foreign elements at Court is implemented in accordance with the provisions of the Civil Procedure Code.

(3) The district-level People's Court of the place of residence of Vietnamese citizens annuls illegal marriages, resolves divorces, disputes about the rights and obligations of husband and wife, parents and children, and recognition of children. father, mother, child, adoption and guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries residing in border areas with Vietnam in accordance with the provisions of this Law and other regulations. other provisions of Vietnamese law.

Jurisdiction of Courts at all levels when resolving divorces involving foreign elements

In Article 35 of the Code of Civil Procedure regulations on the jurisdiction of the District Court:

"Article 35. Jurisdiction of district-level People's Courts

1. The district-level People's Court has the authority to resolve according to first-instance procedures the following disputes:

a) Civil, marital and family disputes specified in Articles 26 and 28 of this Code, except for disputes specified in Clause 7, Article 26 of this Code;

b) Business and commercial disputes specified in Clause 1, Article 30 of this Code;

c) Labor disputes specified in Article 32 of this Code.

...

3. Disputes and requests specified in Clauses 1 and 2 of this Article that have litigants or assets abroad or require judicial entrustment to representative agencies of the Socialist Republic of Vietnam in foreign countries. foreign countries, to foreign courts or competent agencies that are not under the jurisdiction of the district-level People's Court, except for the cases specified in Clause 4 of this Article."

Based on Article 39 Code of Civil Procedure regulations on the jurisdiction of the Court according to specific territory are as follows:

Article 39. Territorial jurisdiction of courts

1. Territorial jurisdiction of Courts to settle civil lawsuits shall be determined as follows:

a) The Courts of the localities where the defendants reside or work, applicable to defendants being individuals, or where the defendants are headquartered, applicable to defendants being agencies or organizations, shall have the jurisdiction to settle according to first-instance procedures for civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;

b) The involved parties shall have the right to agree with each other in writing to petition the Courts of the localities where the plaintiffs reside or work, applicable to plaintiffs being individuals, or where the plaintiffs are headquartered, applicable to plaintiffs being agencies or organizations, to settle civil, marriage and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;

Thus, based on the above regulations and compared with your case, you must apply for divorce at the district People's Court where the defendant (your wife) resides and works in Dong Thap province. In case you and your spouse have agreed in writing to request the People's Court of the district where the plaintiff resides and works to settle, you must apply for divorce at the People's Court of Vung Tau City.