03-06-26 MTParners
From July 1, 2025, Vietnam’s court system transitioned to a three-tier model under the amended Law on Organization of People’s Courts (Law No. 81/2025/QH15). 355 Regional People’s Courts officially replaced 693 District-level People’s Courts, assuming full first-instance jurisdiction over matrimonial matters including both uncontested and contested divorce. With thousands of pending divorce files transferred to the new courts, a key practical question arises: where do you file, what documents are needed, and what should you watch out for?
Under Law No. 81/2025/QH15 (amending the Law on Organization of People’s Courts), effective July 1, 2025, Vietnam’s court system is restructured into three tiers: the Supreme People’s Court — Provincial People’s Courts (34 units) — Regional People’s Courts (355 units).
The “district” level no longer exists within the court system. Each regional court may cover the territory of 1–3 districts/wards depending on population density and caseload. Hanoi has 12 regional courts; Ho Chi Minh City has 19. A total of 355 regional courts cover 34 provinces and centrally-administered municipalities.
Importantly, regional courts retain full first-instance jurisdiction over matrimonial and family matters under Article 35 of the Civil Procedure Code 2015 (as amended). There is no substantive change in jurisdiction — only the name and geographic scope of the court authority has changed.
Under Articles 35 and 36 of the Civil Procedure Code 2015 (as amended), both spouses may jointly file a petition (Form 01-VDS) at the Regional People’s Court where either spouse currently resides or works. Both parties must have reached agreement on the divorce itself, property division, and child custody (if applicable). The court will conduct mandatory mediation and only issue a divorce decision upon confirming both parties’ voluntary consent.
Minimum required documents: (1) Joint divorce petition signed by both spouses (Form 01-VDS); (2) Original marriage certificate (if lost, request a certified copy from the civil registry where the marriage was registered); (3) Certified copies of both spouses’ national identity cards; (4) Birth certificates of any children (if applicable); (5) Property documents (if requesting division of joint assets).
The petitioner files a lawsuit (Form 23-DS) at the Regional People’s Court where the respondent (the other spouse) currently resides or works (Article 39, Civil Procedure Code 2015). If the respondent’s address cannot be determined, the petitioner may file at their own place of residence.
Legal grounds for the court to accept a unilateral divorce petition: the marriage has reached a serious breakdown, cohabitation is no longer sustainable, and the purpose of the marriage cannot be achieved (Article 56, Law on Marriage and Family 2014). In practice, courts typically accept petitions supported by evidence of domestic violence, infidelity, prolonged conflict, or spousal abandonment.
Upon receiving a valid filing, the regional court proceeds as follows: acceptance → notification of court fee advance → mandatory mediation → hearing session (uncontested divorce) or first-instance trial (contested divorce).
Statutory timeframes under Article 203 of the Civil Procedure Code 2015: maximum 4 months for standard cases, 6 months for complex cases. In practice, straightforward uncontested divorces (no major asset or custody disputes) are typically resolved within 1–2 months; contested divorces with disputes may take 3–6 months or longer.
Court fees at first instance: VND 300,000 per party for divorces without property disputes; for asset disputes, fees are calculated on the value of assets in dispute pursuant to Resolution 326/2016/UBTVQH14.
Prior to July 1, 2025, divorces involving a foreign element (where one party is a foreigner or an overseas Vietnamese) fell under the exclusive jurisdiction of Provincial People’s Courts. From July 1, 2025, the foreign-element jurisdictional distinction has been removed for most standard matrimonial proceedings — jurisdiction is now determined by court tier and territory. However, certain special situations (international judicial assistance, enforcement of foreign judgments) may still fall within provincial-level jurisdiction — parties should verify their specific circumstances.
With 355 regional courts replacing 693 district courts, each court’s geographic area is broader, but judicial resources are also more concentrated — expected to shorten processing times. Individuals must identify the correct regional court for their location (check toaan.gov.vn or inquire at the local ward/commune People’s Committee) before filing, to avoid submitting to the wrong court and having to restart. Cases already filed at district courts before July 1, 2025, but not yet concluded, will be transferred to the corresponding regional court for completion — no re-filing required.
First, confirm the correct regional court with jurisdiction before filing — avoid wasting time submitting to the wrong court. Second, prepare all required documents, especially the original marriage certificate; if lost, obtain a certified copy from the civil registry before filing. Third, if the divorce involves disputed assets (particularly real estate) or contested child custody, consult a lawyer prior to filing to best protect your interests. Fourth, determine whether your case has any foreign element to identify the correct court tier.
MT & Partners Law Firm, with a team of experienced lawyers specializing in matrimonial and family law and well-versed in proceedings at Regional People’s Courts nationwide, is ready to assist you throughout the divorce process — from strategic advice and document preparation to court representation and resolution of asset and custody disputes. Contact our hotline 0987140772 or email info@mtpartners.vn for a complimentary initial consultation.
(*) This article is for reference only and does not constitute specific legal advice.
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