Can foreign nationals seek court approval for mutual consent divorce in Vietnam?

Tran Thanh Huyen from Ho Chi Minh City submitted an inquiry to Tuoi Tre (Youth) newspaper, asking whether her friends, who are foreign nationals living and running businesses in Vietnam and hold permanent resident cards, could request a Vietnamese court to recognize their mutual consent divorce.

According to legal expert Pham Van Chung from Quang Ngai Province’s Department of Justice, Article 469(1)(d) of the 2015 Civil Procedure Code specifies the jurisdiction of Vietnamese courts in cases involving foreign nationals: “Divorce cases in which the plaintiff or the defendant is a Vietnamese citizen, or both parties are foreign nationals residing, working, or living permanently in Vietnam.”

Clauses 9 and 14, Article 3 of the 2014 Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam also define key terms. 

'Residence' means that a foreigner permanently or temporarily resides in Vietnam, while a 'permanent resident card' refers to a document issued by immigration authorities allowing a foreigner to reside indefinitely in Vietnam and serving as a substitute for a visa.

Based on these provisions, Vietnamese courts have jurisdiction to handle divorce cases in which either party is a Vietnamese citizen or both parties are foreign nationals residing and conducting business in Vietnam with permanent resident status.

Therefore, if both of Huyen’s friends are foreign nationals who live and work in Vietnam and hold permanent resident cards, they are entitled to request a Vietnamese court to recognize their mutual consent divorce.