Post-Divorce Residency Rights in Vietnam: A Guide for Foreign Spouses 2025

The settlement of residence rights for foreign nationals after divorce in Vietnam is a complex legal matter that requires a comprehensive understanding of Vietnam’s regulations on marriage, civil status, immigration, and foreign residence. This article provides detailed guidance, grounded in legal provisions and updated in accordance with current laws, to assist foreign nationals who were married to and lawfully residing in Vietnam prior to divorce.

1. Legal Basis

The regulations concerning the residence of foreign nationals after divorce are provided in the following legal instruments:

• Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam (Law No. 47/2014/QH13, as amended and supplemented by Law No. 51/2019/QH14);
• Decree No. 144/2021/ND-CP on sanctioning of administrative violations in the field of security, social order and safety;
• Circular No. 31/2015/TT-BCA guiding the implementation of several articles of the Law on Entry and Residence;
• Civil Code 2015 and Law on Marriage and Family 2014 (governing marriage relations involving foreign elements);
  Bilateral and multilateral consular treaties to which Vietnam is a party.

2. Post-Divorce Residence Options

After divorcing a Vietnamese citizen, a foreign national who previously resided lawfully in Vietnam under a spousal visa may consider the following residence options:

a. Applying for a visa or short-term temporary residence extension to adjust residency status

After the divorce, the foreign national is no longer eligible for a temporary residence card under the marriage category (symbol: TT), as the sponsorship basis has ceased in accordance with point b, clause 1, Article 36 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam. In this case, if the individual wishes to continue lawful residence in Vietnam, they may apply for a new short-term visa (for example: a DN visa – for business purposes if sponsored by an enterprise or organization, a ĐT visa – for foreign investors, or an LĐ visa – for foreign employees, pursuant to clause 4, Article 7 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam). Alternatively, they may request an extension of their current temporary stay, provided their visa remains valid and they meet the conditions for extension under applicable regulations.

See also: Article on Recognition of Foreign Divorce Judgments in Vietnam.

b. Converting to a work or investment visa

A foreign national may apply to convert to another visa type if they satisfy the conditions set out in Article 7 of Law No. 51/2019/QH14, such as:

• Possessing documents proving investor status or representation of a foreign-invested organization in Vietnam under Vietnamese law;
• Possessing documents proving family relation as parent, spouse, or child of the sponsoring individual;
• Being invited or sponsored by an organization or agency for employment and holding a valid work permit or confirmation of exemption from work permit requirements in accordance with Vietnamese labor laws;
• Entering Vietnam on an e-visa and holding a valid work permit or confirmation of exemption from work permit requirements under labor regulations.

3. Procedures and Application for New Visa Conversion

a. Required Documentation

Based on our experience, applicants should prepare the following documents:

• Application form for visa issuance or extension of temporary residence (Form NA5)
  Form NA5 is issued under Circular No. 04/2015/TT-BCA dated January 5, 2015, of the Ministry of Public Security, regulating forms related to entry, exit, and residence of foreigners in Vietnam.
• Original passport and visa of the foreign national
• Work permit or Certificate of exemption from work permit requirement
  Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, a foreigner working in Vietnam must obtain a work permit or a certificate confirming they are not subject to work permit requirements.
  Applicable to: For visa types LĐ1 and LĐ2, foreigners must submit a valid work permit or a certificate of exemption when applying for visa issuance or extension.
• Written explanation of the appropriateness and necessity of visa purpose change
  According to Law No. 51/2019/QH14 amending and supplementing several articles of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (effective from July 1, 2020), foreigners are permitted to change their visa purpose in certain cases.
  Applicable to: For DN1 and DN2 visa types, the applicant must submit a written explanation for the visa purpose change, along with supporting documents consistent with the new purpose.
• Letter of introduction appointing a representative to handle the procedure
• Temporary residence registration form
  Under the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, foreigners residing in Vietnam are required to register their temporary residence with the local police of their place of stay.
  This temporary residence registration form is required when applying for visa issuance, extension, or change of purpose.

b. Competent Authority and Processing Time

• Competent authorities: The Immigration Department or an authorized agency of the Ministry of Foreign Affairs;
• Processing time: Ranges from 5 to 20 working days, depending on the nature of the application;
• In cases where additional documents or an in-person interview are required, the applicant will be notified in writing.

4. Special Cases to Note

a. Cases Involving Children with Dual Nationality

It is necessary to clearly determine whether the child holds Vietnamese nationality in order to serve as the basis for granting a temporary residence card to the foreign parent. If the child is born in Vietnam and has either parent who is a Vietnamese citizen, the child shall be recognized as a Vietnamese citizen on the birth certificate.

When applying for a temporary residence card under the dependent category, the foreign national must prove that the child is a Vietnamese citizen by submitting:

• A copy of the child’s birth certificate;
• Identification card or passport of the child (if available); and
• Proof of the child’s permanent or temporary household registration in Vietnam.

b. Business and Investment in Vietnam

If the foreign national owns a business, shop, or is an investor in Vietnam, they may apply for an investment visa (DT) or an investor-type temporary residence card. The application must include a valid enterprise registration certificate and proof of capital contribution as recognized by the Department of Planning and Investment.

5. Legal Risks and Mitigation Measures

After a divorce, failure to timely change one’s visa type in accordance with the new residency status may lead to overstaying, administrative fines, or even forced deportation. To mitigate this risk, it is important to promptly apply for a temporary residence extension or submit an application to adjust one’s residency status. In cases where the individual is unable to prove their relationship with their child, they may be deemed ineligible for a dependent visa extension. The recommended solution is to obtain the child’s birth certificate and the divorce judgment that grants custody. Additionally, if the individual becomes unemployed after the divorce, they may no longer qualify for work-based residency. In such cases, converting to an investor, student, or another eligible visa category should be considered.

6. Recommendations from Legal Experts

• Consult with a lawyer specialized in marriage and family law involving foreign elements as early as the divorce planning stage, to develop an appropriate post-divorce residency strategy.
• Maintain complete legal records relating to marriage, children, employment, and residency throughout your time in Vietnam.
• Avoid letting your residency status lapse, as overstaying may seriously affect your ability to obtain visas in the future.
• If you plan to reside in Vietnam long-term, consider applying for permanent residency or Vietnamese nationality, subject to eligibility under Articles 39 to 41 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam.

7. Estimated Time and Cost

The process of obtaining a new residency typically involves three main stages. First is the document preparation and legalization stage, which takes approximately 5 to 7 days, with costs varying depending on the number of documents involved. Next is the processing of the new residency application, which usually takes about 4 to 7 days and does not incur any fees. Finally, the issuance of the temporary residence card takes an additional 7 to 10 days, with an estimated cost ranging from 145 to 165 USD.

Conclusion

See also: Property Rights and Child Custody in International Divorce Cases in Vietnam.

Maintaining lawful residency in Vietnam after divorce is highly personal and involves significant legal risks if not carefully prepared. Foreign nationals who were previously married to Vietnamese citizens should proactively stay informed of relevant legal provisions and work closely with legal professionals to safeguard their legitimate rights—especially in cases where children are involved and remain in Vietnam.

Important Note: This document is updated as of 2025. Legal regulations may change over time. Please contact Harley Miller Law Firm or a qualified legal practitioner for advice tailored to your specific situation.