I. Legal Basis

The Law on Marriage and Family 2014

The Civil Procedure Code 2015

Resolution 326/2016/UBTVQH14

Currently, the trend of marrying foreigners is increasingly common, leading to a rise in divorce cases. So, what documents need to be prepared, and what procedures should be followed for such cases according to Vietnamese law?

II. What is a divorce with a foreign element?

According to Article 127 of the Law on Marriage and Family 2014, a divorce with a foreign element includes the following cases:

A divorce between a Vietnamese citizen and a foreigner, or between two foreigners residing in Vietnam, will be handled by the competent authorities of Vietnam.

In the case where the Vietnamese citizen is not residing in Vietnam at the time of the divorce request and they do not have a common place of residence, the divorce will be resolved according to Vietnamese law.

The resolution of assets, particularly real estate abroad during divorce, is governed by the law of the country where the property is located.

III. Division of property in divorces with a foreign element

Article 59 of the Law on Marriage and Family 2014 stipulates the principles for the division of property between spouses in the case of divorce:

If the marital property regime is according to law, the division of property will be based on the parties’ agreement; if no agreement is reached, it will be decided at the request of the wife, husband, or both spouses.

If the marital property regime is based on an agreement, the division of property upon divorce will follow that agreement.

The common property of the couple is divided equally, taking into account the following factors:

• The circumstances of the family and the spouses;
• The contributions made by each spouse to the creation, maintenance, and development of the common property. The labor of either spouse in the household is considered as income-generating work;
• Protecting the legitimate interests of each spouse in production, business, and professions so that both have the conditions to continue working and earning income;
• The fault of each spouse in violating the rights and obligations of marriage.

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