Foreigners should know: Jurisdiction over divorce disputes resolution in Vietnam

1. Divorce disputes

Disputes about divorce are a common type of dispute in marital and family relationships and are increasingly on the rise in modern life. Usually, in divorce cases, if the parties cannot agree, some disputes will arise: disputes about marital relationships (emotions), disputes about child custody, disputes about property relationships.

Disputes about divorce are a common type of dispute in marital and family relationships and are increasingly on the rise in modern life. Usually, in divorce cases, if the parties cannot agree, some disputes will arise: disputes about marital relationships (emotions), disputes about child custody, disputes about property relationships.

2. Jurisdiction over divorce dispute resolution

2.1. Jurisdiction over divorce dispute resolution without foreign elements

Based on point a, clause 1, Article 35 of the 2015 Civil Procedure Code, civil disputes, marital and family relationships stipulated in Articles 26 and 28 of this Law, except disputes stipulated in clause 7 of Article 26 of this Law are under the jurisdiction of the district-level People's Courts.

Based on clause 1, Article 39 of the 2015 Civil Procedure Code regulating the jurisdiction of courts according to territory

• The court where the plaintiff resides or works, if the plaintiff is an individual or where the plaintiff has a domicile, if the plaintiff is an authority, organization with jurisdiction to resolve civil, marital and family, business, commercial, labor disputes in the first instance.
• The parties have the right to mutually agree in writing to request the court where the plaintiff resides, works, or has the domicile of the plaintiff, if the plaintiff is an authority, organization to resolve disputes about civil, marital and family, business, commercial, labor disputes.
• If the disputed object is real estate, only the court where the real estate is located has jurisdiction to resolve.

From the two bases above, it can be concluded that in common cases of jurisdiction over divorce dispute resolution, the district-level People's Court where the plaintiff resides or works is the court with jurisdiction over divorce dispute resolution. If the parties agree on the request to the court where the plaintiff resides, the plaintiff has the right to carry out the divorce procedure at their place of residence. Regarding property division disputes in divorce where the disputed object is real estate, the court where the real estate is located will have jurisdiction to resolve.

2.2. Jurisdiction over divorce dispute resolution with foreign elements

According to clause 3, Article 35 of the 2015 Civil Procedure Code, district-level People's Courts shall not have jurisdiction to resolve disputes, requests regarding civil, marital and family matters involving:

• Parties or property abroad; or
• Parties or property requiring legal representation for the Consulate of Vietnam abroad, for foreign courts.

Based on clause 3, Article 37 of the 2015 Civil Procedure Code, in the cases above, provincial-level People's Courts will have jurisdiction to resolve disputes in the first instance regarding the above matters. Except for special cases stipulated in clause 4 of Article 35 of the 2015 Civil Procedure Code if a divorce occurs between Vietnamese citizens residing in border areas with citizens of neighboring countries residing in border areas with Vietnam then the jurisdiction shall belong to the district-level People's Court. This is done to reduce the burden on provincial-level People's Courts and facilitate travel for people living in border areas.

Additionally, point c, clause 1, Article 40 of the 2015 Civil Procedure Code states that if the plaintiff does not reside, work, or have a domicile in Vietnam or the case involves disputes over child support, the plaintiff may request the court where they reside, work, or have a domicile to resolve.

Therefore, usually, divorce cases with foreign elements fall under the jurisdiction of provincial-level People's Courts.