Divorce Procedures Involving Foreign Elements When the Spouse’s Address is Unknown

Dear Mr. A,

Thank you for your trust in contacting DB Legal. Regarding your case—a French citizen seeking a divorce from a Vietnamese citizen after losing contact since 2018—we would like to provide the following legal advice based on current regulations:

1. Basis for the Jurisdiction of Vietnamese Courts (Foreign Elements)

According to Point d, Clause 1, Article 469 of the Civil Procedure Code 2015, Vietnamese courts have the jurisdiction to resolve divorce cases where either the plaintiff or the defendant is a Vietnamese citizen.

2. Basis for the Competent Court Level

According to Clause 1, Article 35 and Point c, Clause 1, Article 37 of the Civil Procedure Code 2015, the Provincial-level People's Courts have the jurisdiction to resolve, through first-instance procedures, disputes involving parties residing abroad.

3. Basis for Territorial Jurisdiction When the Address is Unknown

Based on Point a, Clause 1, Article 40 of the Civil Procedure Code 2015, if the residence, workplace, or headquarters of the defendant is unknown, the plaintiff may request the Court of the area where the defendant last resided, worked, or had their headquarters, or where the defendant’s assets are located, to resolve the case.

4. Basis for Declaring the Defendant's Address in the Petition

• Under Clause 3, Article 5 of Resolution 04/2017/NQ-HDTP, the "last known place of residence or work" of the defendant is the address where the defendant most recently resided or worked as known by the plaintiff, and which is certified by competent authorities or proven by other grounds.

• In cases where the Court has requested the plaintiff to provide the defendant's new address but the plaintiff is unable to do so, the plaintiff has the right to request the Court to collect and verify the defendant's new address in accordance with the law. If the Court cannot determine the new address, the Court will suspend the case. Upon suspension, the Court will explain the plaintiff's right to request a public search for the absent party or a court declaration of the party as missing.

5. Basis for Requesting a Search for an Absent Person or Declaration of Missing Status

• Regarding the request for a search for an absent person: Pursuant to Clause 1, Article 381 of the Civil Procedure Code 2015, parties with related rights and interests may request the Court to issue a search notice for a person absent from their residence when that person has been missing for 06 consecutive months or more.

• Regarding the request to declare a person missing: Pursuant to Clause 2, Article 387 of the Civil Procedure Code 2015, along with the petition, the applicant must submit documents and evidence to prove that the person has been missing for 02 consecutive years or more without any reliable information on whether they are alive or deceased, and demonstrate that the applicant has taken all necessary search measures. If the Court has previously issued a search notice, a copy of that decision must be attached.