What is divorce involving foreign elements according to the law in Vietnam? What are some judgments related to this issue?

1. What is divorce involving foreign elements according to the law in Vietnam?

According to Article 127 of the Law on Marriage and Family 2014 of Vietnam regarding divorces involving foreign elements:

- The divorce between a Vietnamese citizen and a foreigner, or between foreigners residing in Vietnam, is resolved at the competent authority of Vietnam in accordance with the Law on Marriage and Family 2014.

- In cases where the Vietnamese citizen is not residing in Vietnam at the time of requesting the divorce, the divorce shall be settled according to the law of the country where the spouses have their habitual residence; if they do not have a common habitual residence, it shall be resolved according to Vietnamese law.

- The settlement of property which is real estate located abroad during the divorce shall comply with the law of the country where such property is located.

Additionally, Clause 25, Article 3 of the Law on Marriage and Family 2014 defines marriage and family relations involving foreign elements as those in which at least one party is a foreigner, a Vietnamese residing abroad; or marriage and family relations between Vietnamese citizens but are established, changed, or terminated according to foreign law, arise abroad, or involve property located abroad.

Therefore, a divorce involving foreign elements can be understood as the divorce between a Vietnamese citizen and a foreigner, or between foreigners residing in Vietnam, resolved by the competent authority of Vietnam. In cases where a Vietnamese citizen does not reside in the country, the divorce will follow the law of the place of the common habitual residence, or Vietnamese law if there is no common habitual residence...

2. Some judgments on divorces involving foreign elements in Vietnam

Below are some judgments on divorces involving foreign elements resolved by the courts in Vietnam:

Judgment 65/2021/HNGD-ST dated May 13, 2021, on divorce request

- Adjudicating Body: People's Court of Hanoi City

- Excerpt: "According to the Petition, Mr. Casteret RH Jean RH stated: I and Ms. Phung Thi CT voluntarily got to know each other and registered our marriage on January 4, 2011, at the People's Committee of Hanoi City. During our time together, due to vast differences in culture, language, views, and lifestyles, several conflicts arose. Both have tried to adjust our ways of thinking and habits but failed to reconcile the differences. Since 2013 we have been living separately without caring for each other. I find that our marriage is unhappy, with severe conflicts, and its purpose not achieved, so I request the court to grant us a divorce."

Judgment 433/2020/HNGD-ST dated March 31, 2020, on divorce

- Adjudicating Body: People’s Court of Ho Chi Minh City

- Excerpt: "Mr. Do Ngoc V and Ms. Le Tatyana T willingly got married in 2016. After the marriage, Mr. and Ms. Le Tatyana T lived together for about 02 months. During their time together, there were frequent conflicts due to differing life perspectives and mismatched personalities. Thereafter, Ms. Le Tatyana T returned to the United States to live and work. Ms. Le Tatyana T did not process the procedures to sponsor Mr. Do Ngoc V to live with her in the United States. Since Ms. Le Tatyana T returned to the United States, Mr. and Ms. Le Tatyana T lost contact and did not live together. The couple did not have time to talk and mend their relationship, resulting in severe conflicts. Mr. Do Ngoc V now sees no remaining marital feelings, no prospects for reunion, and the marriage’s purpose not achieved; thus, he submitted a petition to the People's Court of Ho Chi Minh City requesting a divorce from Ms. Le Tatyana T to stabilize his life."

Judgment 24/2021/HNGD-ST dated March 12, 2021, on divorce

- Adjudicating Body: People's Court of Hanoi City

- Excerpt: "Ms. NTTH met Mr. SCD through an introduction by a friend in February 2008 during Mr. SCD's visit to Vietnam. During Mr. SCD’s 1-month stay in Vietnam, they registered their marriage at the Department of Justice of Hanoi City on March 18, 2008. Afterward, Mr. SCD returned to the United States. Ms. NTTH stayed in Vietnam to process visa applications but was denied a visa by the United States Embassy in Vietnam. Since then, Ms. NTTH lost contact with Mr. SCD. Ms. NTTH confirmed that she had not lived with Mr. SCD since the registration of the marriage. They have not cared for each other, and the marriage's purpose is not achieved. Therefore, Ms. NTTH petitioned the People's Court of Hanoi City to dissolve her marriage with Mr. SCD.”

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