A real-life situation: Mai (Vietnamese) married James (Australian). Two years ago James returned home for good and contact was lost. Mai wants a divorce to stabilize her life but does not know where to file: some say she must go to the provincial court because of the “foreign element,” others say file at the nearby court. What happens if she files at the wrong court, and what is the latest rule?
The key update from 01/07/2025: regional courts hear these cases
First, an important change that many outdated guides have not caught up with. Since 01/07/2025, under the 2015 Civil Procedure Code as amended by Law No. 85/2025/QH15, regional People’s Courts hear first-instance marriage and family disputes and petitions — including foreign-related cases. Provincial People’s Courts now handle only appellate, cassation, and reopening proceedings.
In other words, the old belief that “a foreign-related divorce must go to the provincial court” no longer holds at first instance. Mai’s divorce, though her husband is a foreigner living abroad, is filed and heard at first instance by the competent regional People’s Court. Knowing this saves months of knocking on the wrong door.
Identifying the court by residence: three common scenarios
Once the court level is known, the next step is pinpointing which regional court. The general rule of the Civil Procedure Code is the court where the defendant resides or works.
Scenario one: the defendant (the party against whom divorce is sought) resides or works in Vietnam. File at the regional People’s Court where the defendant resides or works. This is the simplest case — for example, if the foreign husband still lives in Vietnam, file at the regional court of his residence.
Scenario two: the defendant no longer has any residence or workplace in Vietnam, like James who returned to Australia for good. The plaintiff then files at the regional People’s Court where the plaintiff resides or works. Mai files right at the regional court where she lives — no need to somehow send the petition to Australia.
Scenario three: a consensual divorce where one party is abroad. The couple may agree to choose the regional People’s Court where either party resides or works to file the petition for recognition of consensual divorce. This rule significantly eases matters for couples with only one spouse remaining in Vietnam.
A special rule for border areas
There is a lesser-known dedicated rule in clause 3, Article 123 of the 2014 Law on Marriage and Family: divorce between a Vietnamese citizen residing in a border area and a neighboring country’s citizen residing in the same border area falls under the regional People’s Court where the Vietnamese citizen resides. This covers Vietnamese–Lao, Vietnamese–Cambodian, and Vietnamese–Chinese couples living along the borders.
What happens if you file at the wrong court?
Filing in the wrong jurisdiction does not extinguish your right to divorce, but the file gets bounced between courts, each transfer costing extra weeks. In foreign-related cases — already time-consuming for overseas service of process — filing at the wrong court from the start can add months to the case.
So before filing, pin down three facts: where the foreign element in your case sits (a party or property abroad), where the defendant currently resides, and whether the divorce is consensual or unilateral. Answer these three correctly and the right court nearly identifies itself.
Legal basis
- Article 35, 2015 Civil Procedure Code (amended by Law 85/2025/QH15, effective 01/07/2025) — Regional People’s Courts hear first-instance marriage and family cases, including foreign-related ones.
- Articles 39 and 40, 2015 Civil Procedure Code — Territorial jurisdiction: the defendant’s residence; where the defendant is abroad.
- Clause 3, Article 123, 2014 Law on Marriage and Family — Dedicated jurisdiction for divorces in border areas.
Key takeaways
- Since 01/07/2025, first-instance foreign-related divorces belong to regional People’s Courts, not provincial courts.
- The general rule: file at the court where the defendant resides or works.
- If the defendant has left Vietnam for good, file at the court where the plaintiff resides.
- Consensual divorce: the couple may agree on the court where either party resides.
Frequently asked questions
1. My husband has returned abroad for good with no address in Vietnam — where do I file?
File a unilateral divorce petition at the regional People’s Court where you reside and work in Vietnam. This is the case of a defendant with no remaining residence in Vietnam, so jurisdiction lies with the plaintiff’s court. The court will serve process abroad as prescribed.
2. For a consensual divorce with one party abroad, how do we file?
The couple may agree to choose the regional People’s Court where either party resides or works to file the petition for recognition of consensual divorce. The party abroad needs identity documents and papers showing voluntariness, which may require consular legalization depending on the case.
3. Can I file for divorce online?
The Civil Procedure Code allows filing in person, by post, or through the court’s electronic portal. But foreign-related cases usually involve complex files with repeated supplementation, so filing in person or with a lawyer’s support keeps things more manageable.
FLAT Law Firm advises and represents Vietnamese and foreign clients in foreign-related divorces: identifying the competent court, preparing files, and pursuing the case to the end. Contact us for an assessment of your case before you file.
This article has been quality-reviewed by the FLAW AI Legal Council
