Applying the Law on Marriage & Family 2014, Law on Civil Status & Civil Procedure Code 2015

Consultation on Establishing Marriage & Resolving Divorce Involving Foreign Elements

Ensuring legal integrity for personal rights, child custody and cross-border assets: Full-package standardization of dossiers for Marriage registration with foreigners ; and Lawyers representing in resolving Divorce involving foreign elements (allowing authorization for uncontested divorce in the absence of a party abroad or litigation representation for unilateral divorce) in Vietnam

15Days

Receive the Marriage Certificate as prescribed by law

In absentia

Divorce resolution while abroad

100%

NDA confidentiality agreement signed

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LAW

Handling authorityJustice Division of the People's Committee & Provincial Court

SERVICE STRUCTURE

Distinguishing 2 Procedural Tracks: Establishing & Terminating Marriage

Vietnamese law clearly distinguishes between administrative civil status procedures (marriage registration) and judicial litigation procedures at the Court (divorce resolution):

JUDICIAL CIVIL STATUSTime: Standard 15 days by law

Marriage Registration With Foreigners

Full-package support from standardizing the single-status affidavit documents to the day of signing and receiving the Marriage Registration Certificate at the commune/ward People's Committee (applicable to citizens of: Korea, Taiwan, China, the US, Canada, Europe, Australia, Japan...):

• Consular legalization of single-status documents: Properly processing diplomatic stamps for the foreign party's Certificate of Marital Status within 24–48h.

• Specialized mental health examination: Guidance on getting examined at the right hospital according to the list prescribed by the Ministry of Health, avoiding rejection by judicial authorities.

• Scheduling & Interview guidance: Specialists prepare a set of questions in advance and accompany you to support the interview at the commune/ward Justice Division under the province/city.

• Presence as required by law: Both parties only need to be present exactly 01 time on the day of signing the Civil Status Register and receiving the original Marriage Certificate.

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CIVIL LITIGATION & COURTSUncontested In Absentia & Unilateral

Resolving Divorce Involving Foreign Elements

Lawyers represent, handle and conclusively resolve complex divorce cases at the Provincial/City People's Court, ensuring privacy, honor and assets:

• Uncontested divorce in absentia: A legal solution when a party abroad cannot return to Vietnam to attend court. Lawyers assist with the authorization procedure and a valid application for absence.

• Unilateral divorce with loss of contact: Resolving cases where one party deliberately conceals their address or is missing abroad through public posting procedures and judicial entrustment.

• Protecting cross-border child custody: Collecting evidence proving economic conditions and the educational environment to win the right to directly raise the common children.

• Division of common property: Advice on valuation and division of real estate, company shares and bank accounts formed during the marriage

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JUDICIAL RISK CONTROL

4 Mistakes That Cause International Marriage Dossiers to Be Returned or Delayed

Understanding the technical barriers helps clients plan proactively, without missing the wedding date or reaching a deadlock in divorce litigation:

CONSULAR TIME LIMITValid for 06 months

Expired Single-Status Affidavit

The Certificate of Marital Status issued by the competent foreign authority is only valid for 06 months from the date of issue and must bear the Consular Legalization stamp of the Vietnamese Embassy/Consulate. Even 1 day overdue will be rejected.

DESIGNATED MEDICAL LISTMinistry of Health Regulations

Mental Health Examination at the Wrong Medical Facility

The health certificate must be issued by a specialized psychiatric medical organization or a competent general hospital, confirming no mental illness that causes loss of cognitive and behavioral capacity. Examinations at ordinary private clinics will be rejected by the Justice Division.

CIVIL STATUS RECORDINGArticle 34 of Decree 123

Divorce Not Recorded Before Registering Remarriage

Vietnamese citizens who have divorced abroad under a foreign court judgment must, before registering a new marriage in Vietnam, carry out the procedure of Recording the divorce in the Civil Status Register at the commune/ward People's Committee. If this step is skipped, the new marriage registration will be refused.

DIVORCE LITIGATIONResolution 01/2024

Deadlock Because the Defendant Abroad Deliberately Conceals Their Residence

Many unilateral divorce cases are suspended for years because procedural documents cannot be served abroad. Without handling experience, the Court will require judicial entrustment, which is time-consuming.

CLEAR PROGRESS

4-Step Process for Receipt & Delivery

Transparency between Legalkey’s preparation stage and the client’s presence as required:

01

Scan Review (30 Minutes)

Send photos of single-status documents, passport or previous divorce judgment via Zalo. Specialists review validity and advise on options free of charge.

02

Legalization & Drafting (24h)

Processing consular stamps, certified translation of foreign documents; completing the marriage registration dossier or the divorce petition to the Court.

03

Representative Submission & Accompaniment

Submitting the dossier to the Justice Division and accompanying you to the interview (for marriage); or Lawyers representing you directly at the Provincial Court (for divorce).

04

Hand-Delivery of Original Results

Receiving the original Marriage Certificate after 15 working days as prescribed by law or the legally effective Divorce Judgment/Decision, hand-delivered to the client.

PROCESSING TIME AND COSTS

Marriage & Litigation Service Fee Schedule

Reference price list

Marriage registration with foreigners

Full-package from assessing single-status documents, health check and interview guidance to the day of receiving the Marriage Certificate at the commune/ward People’s Committee.

VND 15,000,000
In line with the legal standard of 15 working days

Divorce resolution with foreigners/Vietnamese people abroad

Uncontested with a party absent abroad / Unilateral with loss of contact / Disputes over property & common children.

Estimated per case
Lawyers quote by litigation stage

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Marriage & Litigation Law Q&A

Frequently Asked Questions About International Marriage & Divorce

1. For marriage registration involving foreign elements, does the foreigner need to be present?↓

Under Clause 1, Article 38 of the Law on Civil Status: When registering marriage, both the man and the woman must be present at the commune/ward People’s Committee so that the civil status officer can verify their voluntary will and guide both parties to sign the Civil Status Register and the Marriage Certificate. Vietnamese law does not accept marriage by proxy or receiving the marriage certificate by post. However, throughout the preceding 15 days of dossier submission, Legalkey represents you in preparing and submitting the dossier; the foreigner only needs to be present on the day of receiving the result.

2. If my husband/wife abroad cannot return to Vietnam, can we have an uncontested divorce?↓

It is entirely possible. Under the Civil Procedure Code 2015, a party abroad can prepare the Petition for uncontested divorce, the Self-declaration of opinions and the Application for trial in absentia at the Vietnamese Embassy/Consulate General in the host country (with valid signature authentication). These are then sent to Vietnam for Legalkey’s Lawyers to submit on their behalf at the Provincial/City People’s Court. The party abroad does not have to spend money flying back to Vietnam to attend court at all.

3. After marrying a foreigner, can that person be granted a Temporary Residence Card?↓

Yes. After receiving the original Marriage Registration Certificate, the Vietnamese spouse has the right to sponsor the foreign husband/wife to apply for a Family Visit Temporary Residence Card (Code TT) valid for up to 03 years at the Immigration Department or Division. During these 3 years, the foreigner may reside and enter and exit freely without applying for short-term visas.

4. If one party has lost contact abroad for many years, what is the unilateral divorce procedure?↓

Where the defendant abroad is missing or deliberately conceals their address, the plaintiff needs to file a divorce petition at the Provincial People’s Court where the plaintiff resides. The Court will request the defendant’s relatives to provide the address or carry out judicial entrustment / public posting procedures as prescribed by the Civil Procedure Code. Legalkey will guide the collection of residence verification documents so that the Court has sufficient grounds to bring the case to trial in the defendant’s absence in accordance with the law.

Absolute Confidential Consultation (NDA)

Register for international marriage dossier consultation

Legalkey’s lawyers and dedicated marriage legal specialists will review your personal documents and respond with a detailed handling roadmap within 15 minutes.