RECOGNITION OF FOREIGN DIVORCE JUDGMENTS IN VIETNAM

I. Legal basis

• Law on Marriage and Family 2014
• Civil Procedure Code 2015

II.Can a foreign divorce judgment be recognized in Vietnam?

In the context of international integration, the number of marriages involving foreign elements has been steadily increasing, leading to situations where divorces are granted abroad but rights and obligations still arise in Vietnam. A common question is whether a divorce judgment rendered by a foreign court has legal effect in Vietnam?

Pursuant to Article 125 of the Law on Marriage and Family 2014 and the provisions of the Civil Procedure Code 2015, a divorce judgment or decision issued by a foreign court may be recognized in Vietnam if it satisfies the conditions prescribed under Vietnamese law.

Specifically, there are two main cases:

• Cases requiring enforcement in Vietnam: When a foreign divorce judgment contains provisions relating to property division, child custody, alimony obligations, or other matters that must be enforced within the territory of Vietnam, the interested party must file a petition for recognition and enforcement with the People’s Court at the provincial level.
• Cases not requiring enforcement in Vietnam: If the judgment solely terminates the marital relationship and does not involve property rights or obligations to be performed in Vietnam, the concerned party may carry out a civil status annotation procedure at the competent civil registry authority to update their marital status.

Clearly distinguishing between these two scenarios is crucial, as the procedures, competent authorities, and required documentation differ entirely.

III. Case requiring enforcement in Vietnam

3.1. Statute of limitations for recognition requests

Pursuant to Article 432 of the Civil Procedure Code 2015, the time limit for filing a petition for recognition and enforcement of a foreign court’s divorce judgment or decision in Vietnam is three (03) years from the date the judgment or decision takes legal effect in the country of issuance.

In cases of force majeure events or objective obstacles (e.g., natural disasters, epidemics, war, or loss of documents not attributable to the petitioner’s fault), such period shall not be included in the limitation period.

If the prescribed time limit has expired, the Court, in principle, has the authority to refuse to accept the petition. Therefore, parties should be mindful of this statutory period to avoid forfeiting their rights.

3.2. Procedural sequence

The procedure for recognition and enforcement of foreign divorce judgments in Vietnam consists of the following basic steps:

• Preparation of the dossier in accordance with legal requirements (details in Section 2.3).
• Submission of the dossier to the Ministry of Justice of Vietnam.
• The Ministry of Justice shall examine the validity of the dossier within 05 working days from the date of receipt of all required documents, and thereafter transfer the dossier to the competent People’s Court at the provincial level.
• Court review and decision:
  • If the dossier does not meet the conditions, the Court shall issue a decision to suspend the proceedings.
  • If the conditions are satisfied, the Court shall hold a hearing to examine the petition with the participation of the Procuracy.
• Right to appeal/protest: within 15 days from the date of the Court’s decision on recognition, the involved parties have the right to appeal, and the Procuracy has the right to lodge a protest under appellate procedures.

The actual processing time may be prolonged if the dossier is incomplete or requires supplementation or legalization of additional documents.

3.3. Required Dossier

A complete dossier typically includes:

• Petition for recognition and enforcement of the foreign divorce judgment in Vietnam (using the form prescribed by the Ministry of Justice or the Court).
• Original or duly certified copy of the foreign court’s divorce judgment/decision.
• Certification confirming that the judgment/decision has taken legal effect and remains within the time limit for enforcement under the law of the issuing country.
• Certification of proper service on the respondent (if the judgment was rendered in absentia).
• Vietnamese translations, duly notarized, of all documents in foreign languages.
• Consular legalization/certification for documents issued abroad (except where exemption applies under an international treaty to which both Vietnam and the issuing country are parties).

Preparing the dossier in full and in compliance with these requirements from the outset will save time and help avoid repeated requests from the Court for supplementation.

3.4. Jurisdiction to resolve

Pursuant to Article 469 of the Civil Procedure Code 2015, jurisdiction over petitions for recognition and enforcement of foreign divorce judgments or decisions lies with the People’s Court at the provincial level where the judgment debtor resides or where the related property is located in Vietnam.

IV. Case without requirement for enforcement in Vietnam

4.1. Jurisdiction to resolve

If the foreign divorce judgment only terminates the marital relationship without involving property obligations, the ongoing only needs to carry out the divorce annotation procedure at the District-level People’s Committee where the marriage was previously registered or where either spouse resides.

4.2. Procedure

The divorce annotation procedure consists of the following steps:

• Preparation of dossier:
  • Divorce annotation declaration form (as prescribed by the Ministry of Justice);
  • Divorce judgment/decision of the foreign court;
  • Certified Vietnamese translation;
  • Documents legalized by consular authorities if issued abroad (unless exempted).
• Submission of dossier to the Justice Division of the District-level People’s Committee.
• The civil status authority shall examine the dossier and, if valid, record the divorce annotation in the civil status register and update the marital status accordingly.

The time limit for settlement is generally 05 working days from the date of receipt of a complete and valid dossier.

V. Conclusion

The recognition of a foreign court’s divorce judgment or decision in Vietnam is an important legal procedure to ensure that the rights and obligations of the parties are enforced in accordance with Vietnamese law. Depending on whether the judgment requires enforcement in Vietnam, the procedures, competent authorities, and required documentation will differ entirely. Therefore, the parties must clearly understand the applicable legal provisions, comply with the statutory time limits, and prepare a complete and valid dossier from the outset to avoid unnecessary delays. In complex cases, particularly those involving property or child custody issues, seeking advice and legal services from a lawyer is essential to safeguard one’s lawful rights and interests to the fullest extent.

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