What is the jurisdiction of the Vietnamese courts to resolve marriage and family cases involving foreign elements?

The 2014 Law on Marriage and Family regulates the competence to resolve cases and matters of family and marriage involving foreign elements as follows:

  • The competence to register civil status related to marriage and family relations involving foreign elements shall comply with the law on civil status;

The competence to resolve marriage and family cases with foreign elements at the Court is implemented based on the provisions of the Code of Civil Procedure;

  • District-level People’s Courts of localities where Vietnamese citizens reside are competent to annul illegal marriages, settle divorce cases, handle disputes over the rights and obligations of husband and wife, parents and children, determine recognition of parents and children, and resolve child adoption and guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries living in areas bordering on Vietnam in accordance with this Law and other Vietnamese laws.

In addition, in accordance with the 2015 Code of Civil Procedure, a provincial-level people’s court has the jurisdiction to resolve first-instance civil cases and matters that fall under the jurisdiction of a district-level people’s court, when it is deemed necessary or at the request of the district-level people’s court.  

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