The wife, Ms. Linh (Vietnamese nationality), and the husband, Mr. Wang Wei (Chinese nationality), legally married in Vietnam. After three years of living together in Ho Chi Minh City, they had a 4-year-old son. When their relationship broke down, a custody dispute arose. The husband returned to China, while the wife continued to raise the child in Vietnam. Mr. Wang filed a lawsuit requesting the Vietnamese court to grant him custody and allow the child to be raised in China. So how is such a case handled under Vietnamese law?
According to Articles 469 and 470 of the 2015 Civil Procedure Code, marriage and family disputes involving foreign elements (e.g., custody disputes between a Vietnamese wife and a Chinese husband) fall under the jurisdiction of the People’s Court at the provincial level where either the husband or wife resides in Vietnam.
According to Article 81 of the 2014 Law on Marriage and Family:
Both parents have the right and obligation to care for and raise the child after divorce;
If they cannot reach an agreement, the Court will decide who will directly raise the child based on the child's best interests, and consider the wishes of the child if they are 7 years old or older;
Children under 36 months of age are usually entrusted to the mother for direct care (unless the mother is deemed unfit).
Articles 82 and 83 of the law also regulate visitation rights and support obligations for the non-custodial parent.
Petition (requesting change of custody);
ID/passport of both spouses, household registration, child’s birth certificate;
Documents proving the marital relationship (marriage certificate);
Evidence that the husband is a Chinese citizen residing abroad (passport, residence documents);
Evidence regarding each party’s ability to raise and care for the child (residence, job, financial condition, living environment, etc.);
If a prior agreement exists, provide clear evidence of the commitment or reasons for non-compliance.
Foreign documents must be legalized by consular authorities and translated into Vietnamese with notarized certification.
Ms. Linh files the petition at the People’s Court of Ho Chi Minh City (her place of residence in Vietnam). The court will accept the case under proper jurisdiction. If the husband is absent and resides in China, document service may be done via international judicial entrustment (through consular or diplomatic channels), which could significantly delay the process.
The court will comprehensively assess:
Each party’s ability to care for the child (especially focusing on the child’s interests);
The child’s wishes if the child is 7 years old or older;
The principle that children under 36 months should be cared for by the mother, unless unfit;
All relevant factors such as financial capability, housing, educational environment, caregiving, and child’s health.
If the parties cannot reach an agreement, the provincial court will issue a decision. The custody arrangement may be adjusted later if new evidence or changed circumstances arise.
Court fee: VND 300,000 if the dispute is only about child custody and does not involve property division.
Processing time: typically 4–6 months, but may extend to 6–12 months in complex cases or where international service of documents is required.
The Court always prioritizes the child’s well-being, development, and wishes. Therefore, proving that your nurturing and living environment is better is crucial.
If the child is of a young age, custody is generally awarded to the mother.
Factors such as parenting record, income level, living conditions, health, etc., are key in determining who is granted custody.
Since the husband is a Chinese citizen living abroad, the provincial court has jurisdiction, allowing for more flexible handling compared to the often cumbersome district-level courts.
Serving documents through international judicial entrustment is complex and time-consuming. Therefore, it's important to prepare documents in advance to assist the court in verification.
Conclusion: In custody disputes between a Vietnamese wife and a Chinese husband, Vietnamese law always puts the child’s interests first. If no agreement can be reached, the provincial court in Vietnam has jurisdiction. Mothers are usually favored in custody of young children. To protect the child’s rights and interests, you must provide sufficient evidence, have foreign documents legalized and translated, and prove a suitable caregiving environment.
Actions you should take now:
Gather practical evidence: housing, income, time spent caring for the child, etc.
Legalize and translate foreign documents.
File a petition with the provincial court where you reside.
Propose mediation, or if no agreement is reached, wait for the court hearing.
If the husband is absent, prepare supporting documents to help the court verify information quickly.
DEDICA Law Firm specializes in handling marriage and family disputes with foreign elements, particularly involving Vietnamese wives and Chinese husbands. We provide end-to-end legal support—from preparing and legalizing documents, advising on evidence strategies, to representing clients before provincial courts. Let us help you protect both your rights and your child’s future with professionalism, efficiency, and transparency.
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