Divorce Decree

Currently, under Vietnamese law, Vietnamese citizens who have obtained a divorce judgment issued by a foreign court must submit a certified and legalized copy of the divorce decree through a Vietnamese Consulate or Embassy before it can be used in Vietnam for marriage registration purposes. This legalized divorce judgment is referred to as a “divorce recognition”.

Before submitting a marriage registration application, you are required to complete the divorce recognition procedure. If you are unable to remain in Vietnam to complete both procedures, you may authorize a family member to file the divorce recognition application on your behalf first, and then return to Vietnam later to proceed with the marriage registration. The processing time for divorce recognition typically ranges from 15 to 30 days, depending on the specific district authority.

Divorce Recognition Can Be Processed in the U.S. or in Vietnam

Procedure for Divorce Recordation in the United States

You must obtain a certified copy of the Divorce Decree from the court or the original judgment. Then you must bring the Divorce Decree to the Secretary of State of the state where the court issued it so they can certify the authenticity of the court’s seal.

After certification, the Divorce Decree must be legalized by the Consulate or Embassy of Vietnam in the United States.

The Divorce Recordation file includes the following documents:
– Divorce Recordation Application Form issued by the Ministry of Justice of Vietnam
– Power of Attorney if the person in the United States cannot return to Vietnam to submit the application
– Affidavit of Same Name if there are name discrepancies
– 1 photocopy of Permanent Resident Card or passport
– 1 photocopy of the Divorce Decree

Procedure for Divorce Recordation in Vietnam

– Schedule an appointment with the United States Consulate
– Complete the affidavit attached to the Divorce Decree
– After notarization, bring the notarized Divorce Decree to the Department of Foreign Affairs for legalization and translation into Vietnamese

The Divorce Recordation file submitted to the District Justice Office includes:
– Divorce Recordation Application Form
– Legalized Divorce Decree and notarized Vietnamese translation
– 1 photocopy of passport

Who is required to complete Divorce Recordation?

– Vietnamese citizens who previously registered marriage abroad and divorced abroad
– Vietnamese citizens who previously registered marriage in Vietnam but divorced abroad
– Individuals who have divorced multiple times are only required to complete Divorce Recordation for the most recent divorce

Frequently Asked Questions

Question: My boyfriend is a foreign national. He was previously married and divorced abroad. Is he required to complete divorce recognition?

Answer: In your boyfriend’s case, he is not required to complete the divorce recognition procedure.

Question: My partner is a foreign national. Previously, he/she registered a marriage with someone in Vietnam and later divorced abroad. Is my partner required to complete divorce recognition before marrying me?

Answer: Your partner is not required to complete the divorce recognition procedure.

Question: I previously married my Taiwanese husband at the Department of Justice in Vietnam. He later sponsored me to Taiwan, and after three years we divorced in Taiwan. I then returned to Vietnam. Now I plan to marry a U.S. citizen. Am I required to complete divorce recognition?

Answer: In your case, you are required to complete the divorce recognition procedure.

Question: My wife passed away three years ago. I now want to register a marriage with someone in Vietnam. Do I need to complete divorce recognition?

Answer: In your case, divorce recognition is not required, as it only applies to individuals who were divorced outside of Vietnam. If your spouse has passed away, you only need to submit the death certificate of your former spouse when registering your new marriage.

Question: I got married in the U.S. and divorced in the U.S. Am I required to complete divorce recognition, and if so, where should I file?

Answer: If you still hold Vietnamese citizenship, you are required to complete the divorce recognition procedure. The application must be filed with the provincial/municipal Justice Department where your former spouse’s household registration is located.

Question: I previously got married in Saigon and later divorced in the U.S. Now I have moved to Can Tho to remarry. Where should I file for divorce recognition?

Answer: You must file the divorce recognition application in the place where your previous marriage was registered. In your case, you would file in Saigon.

HOTLINE

– Garden Grove Office: (877) 348-7869
– San Jose Office: (408) 998-5555
– Houston Office: (832) 353-3535
– Vietnam Office: (028) 3516-2118