Abstract

Divorce cases involving a defendant who is a Vietnamese citizen living abroad with an unknown address, or between Vietnamese citizens and foreigners, present unique challenges in legal practice. The right to divorce, a fundamental personal right under marriage and family law, is protected by the 2013 Constitution, the 2015 Civil Code, and the 2014 Law on Marriage and Family. However, practical difficulties arise in determining the jurisdiction and handling of such cases, especially when the plaintiff can only provide the defendant’s last known address in Vietnam or the address stated in the marriage certificate. These situations lead to considerable challenges in the application of law. This article examines these issues, presents practical examples, evaluates the current legal framework, and proposes recommendations to address inconsistencies and enhance the effectiveness of law application in resolving such divorce disputes.

Keywords: Divorce, jurisdiction, Vietnamese citizen abroad, foreign element, legal procedure.