VIET NAM’S DIVORCE PROCEDURE STEPS

I. Legal basis

• The Vietnam’s Civil Procedure Code 2015
• Resolution No. 326/2016/UBTVQH14

II. Procedure for divorce proceedings

• The divorce procedure is clearly stipulated in the Civil Procedure Code 2015, consisting of five main steps from the time of filing the application until the final decision is issued. Adhering to this procedure will ensure that the divorce process is lawful and more efficient.

Step 1: Submit the divorce application to the competent authority

You need to file the divorce petition at the place of residence, work, or dwelling of the defendant (the party who does not agree to the divorce) or according to the mutual agreement of both parties.

• For consensual divorce, the dossier shall be filed with the district-level People’s Court where the spouses have their permanent residence registration or registration of residence.
• For unilateral divorce, the dossier shall be filed with the court where the defendant has their permanent residence registration or registration of residence. For example, if the wife wishes to unilaterally divorce her husband, with the wife registered in Thanh Xuan District and the husband in Dong Da District (Hanoi), the dossier must be filed with the Dong Da District Court.
• If a foreign element is involved, the dossier shall be filed with the provincial-level People’s Court. For example, if one spouse is a foreigner residing in Hanoi, the divorce dossier shall be filed with the Hanoi Court.

Step 2: The court accepts the dossier and requests payment of court fees

After receiving the petition, the court will issue a notice of acceptance and request payment of court fees. In the case of a unilateral divorce, the petitioner (plaintiff) must pay the court fees. In the case of a consensual divorce, the court fees are shared equally between the two parties. Normally, acceptance takes place within 15 working days from the date the dossier is complete and the court fees are paid.

Step 3: Conduct mandatory mediation

Within 15 working days after acceptance, the court will summon the parties for mediation. At this stage, the parties will present their case, the court will explain the procedures and rights, and will also advise the parties to carefully consider before deciding whether to proceed with the divorce.

• If the mediation is successful, the parties may withdraw the petition and the court will dismiss the case.
• If the mediation is unsuccessful, the court will record the minutes and proceed to the next step.

Step 4: Open the trial hearing

Within 7 days from the date of unsuccessful mediation, if the parties maintain their intention to divorce, the court will issue a decision to open a trial to resolve the case.

• In the case of a consensual divorce, the court will acknowledge the mutual consent to divorce and issue a decision of recognition.
• In the case of a unilateral divorce, the court shall conduct the trial and issue a judgment or decision to resolve the case. The trial period generally ranges from 4 to 6 months, depending on the complexity of the matter.

Step 5: Right to appeal (if applicable)

If a party disagrees with the first-instance decision, they have the right to appeal to the higher court within 15 days from the date of receipt of the decision.

Special cases involving a defendant residing abroad or without a clear address. If the defendant is abroad without an address or any information, the court will temporarily suspend the proceedings and instruct the plaintiff to file a lawsuit at their place of residence to request a declaration that the defendant is missing or deceased in accordance with the law. If there is information from relatives in the country but they refuse to provide the address or to cooperate with the court, after two unanswered requests, the court may proceed to hear the case in the defendant’s absence in accordance with the law.

III. What is the shortest time to get a divorce?

The duration of each divorce case may vary; however, under the Civil Procedure Code, a consensual divorce is generally resolved within about 2 to 3 months from the date the Court receives the petition. For unilateral divorce, the process usually takes longer—typically around 4 to 6 months. If disputes arise over child custody or property during the proceedings, this period may be extended even further. To shorten the divorce process, the best approach is to consult an experienced lawyer who specializes in handling divorce procedures. A lawyer can provide guidance and assist you in applying for an expedited trial at the court, helping the process move forward more quickly.

IV. How much does an expedited divorce cost?

According to Resolution 326/2016/UBTVQH14, there are several important points regarding court fees in divorce proceedings that you should know:

• The petitioner (plaintiff) must bear the first-instance civil court fee regardless of whether the court accepts or rejects the divorce petition.
• In the case of a consensual divorce, the court fee will be split equally, with each party bearing 50% of the fee.
• When a husband and wife request recognition of a consensual divorce or reach an agreement on child custody and property division, they may decide between themselves who will pay the court fee in advance. If no agreement is reached, each party must pay 50% of the advance amount.

Regarding court fees, divorce court fees are divided into two cases:

• If the divorce does not involve property disputes, the court fee is VND 300,000.
• If there is a property dispute, the court fee will be calculated based on the value of the disputed property as follows:
  • For disputed property valued at 6 million VND or less, the court fee is 300,000 VND.
  • For disputed property valued at more than 6 million VND up to 400 million VND, the court fee is equal to 5% of the disputed property’s value.
  • For disputed property valued at more than 400 million VND up to 800 million VND, the court fee is 20 million VND plus 4% of the portion exceeding 400 million VND.
  • For disputed property valued at more than 800 million VND up to 2 billion VND, the court fee is 36 million VND plus 3% of the portion exceeding 800 million VND.
  • For disputed property valued at more than 2 billion VND up to 4 billion VND, the court fee is 72 million VND plus 2% of the portion exceeding 2 billion VND.
  • For disputed property valued at over 4 billion VND, the court fee is 112 million VND plus 0.1% of the portion exceeding 4 billion VND.

In summary, if a divorce involves no property dispute, you only need to pay a court fee of 300,000 VND. If there is a property dispute, the court fee will be calculated based on the disputed property’s value as outlined above.

Read more related articles: DIVORCE PROCEDURES IN 2025: WHAT DOCUMENTS TO PREPARE? WHERE TO SUBMIT THE APPLICATION?

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