CAN FOREIGNERS TEMPORARILY RESIDING IN VIETNAM FILE FOR DIVORCE AT A VIETNAMESE COURT?

According to the current laws of Vietnam, specifically Clause 1, Article 127 of the Law on Marriage and Family 2014, it is stipulated that:

“Divorce between a Vietnamese citizen and a foreigner, or between foreigners who are permanently residing in Vietnam, shall be settled by competent Vietnamese authorities in accordance with this Law.”

In addition, Point (d), Clause 1, Article 469 of the Civil Procedure Code 2015 provides that:

“A divorce case in which the plaintiff or defendant is a Vietnamese citizen, or in which the parties are foreigners residing, working, or living long-term in Vietnam, falls under the jurisdiction of Vietnamese courts in cases involving foreign elements.”

Furthermore, Clauses 9, 13, and 14 of Article 3 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 define:

“9. Residence means the act of a foreigner permanently or temporarily residing in Vietnam.
13. Temporary residence card means a document issued by the immigration authority or the Ministry of Foreign Affairs to a foreigner who is permitted to reside in Vietnam for a definite period of time; it also serves as a substitute for a visa.
14. Permanent residence card means a document issued by the immigration authority to a foreigner who is permitted to reside in Vietnam indefinitely; it also serves as a substitute for a visa.”

Therefore, based on the above legal provisions, in cases where both spouses are foreigners who only possess temporary residence cards (and have not been granted permanent residence cards in Vietnam), their request for divorce does not fall under the jurisdiction of Vietnamese courts.