How Vietnamese national residing abroad gets divorced to their partner in VN
VGP – A Vietnamese national who is settling in other country and wants to get divorced to his spouse living in Việt Nam must submit his divorce petition to the People’s Court of the province where the spouse is a permanent resident.
Question (A Vietnamese resident in Italy): I got married to a Vietnamese woman and took her to Italy, but we did not get on well and she returned to Việt Nam. Where can I submit divorce petition and whether the court can try the case without my presence?
Answer:
As you got married in Việt Nam and currently having the Vietnamese passport so when you want to sue for a divorce, you must submit your petition to a provincial People’s Court in Việt Nam.
According to Point C, Item 1 of Article 34 and Point d, Item 2 of Article 35 of the Civil Procedures Law dated on May 11, 2004, you are living abroad, so you must send the petition to the People’s Court in the locality where your wife is residing.
Item 3, Article 313 of the Law stipulates that if the plaintiff wants the court to try the case without his/her presence, the court can do it. Thus, if you cannot go back to attend the trial, you must ask the court in writing to proceed your divorce case without your presence.
