Custody Dispute Between Vietnamese Wife and Chinese Husband: How Does Vietnamese Law Handle It?
Real-Life Case
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?
1. Legal Grounds – Jurisdiction for Dispute Resolution
1.1 Jurisdiction Belongs to the Provincial Court in Vietnam
According to Articles 469 and 470 of the 2015 Civil Procedure Code, family and marriage disputes involving foreign elements (such as custody battles between a Vietnamese wife and a Chinese husband) fall under the jurisdiction of the provincial-level People’s Court where either party resides in Vietnam. In this case, Ms. Linh filing with the Ho Chi Minh City People’s Court is appropriate.
1.2 Legal Grounds for Child Custody
Article 81 of the 2014 Law on Marriage and Family stipulates that after divorce:
Both parents have the right and obligation to care for and raise their child;
If no agreement is reached, the court will decide custody based on the child’s best interests, considering the child’s wishes if they are 7 years or older;
Children under 36 months are generally assigned to the mother unless she is unfit.
Articles 82 and 83 also address visitation and child support rights of the non-custodial parent.
2. Custody Dispute Procedures Involving Foreign Elements
2.1 Preparing the Dossier and Evidence
Divorce/custody petition (request to change custodial parent);
IDs/passports of both spouses, household registration, child's birth certificate;
Marriage certificate;
Proof that the husband is a Chinese citizen and currently residing abroad (passport, residency documents);
Evidence of each party’s capacity to care for the child (accommodation, job, financial status, living environment, etc.);
Any prior agreements or reasons for non-compliance must be stated.
Foreign documents must be legalized and officially translated into Vietnamese.
2.2 Submitting to the Provincial Court
Ms. Linh files with the Ho Chi Minh City People’s Court (where she resides). The court will accept the case based on its jurisdiction. If the husband is absent and residing in China, service of documents may be conducted via international judicial assistance (through consular/diplomatic channels), potentially prolonging the process.
2.3 Court Proceedings and Dispute Resolution
The court will comprehensively consider:
Each party’s capability to raise the child (especially regarding the child's welfare);
The child’s wishes if 7 years or older;
The legal presumption that children under 36 months are best placed with the mother, unless unfit;
Other relevant factors such as income, housing, education, caregiving environment, and child’s health.
If no agreement is reached, the provincial court will make the final decision, with the possibility of later modification if new grounds arise.
2.4 Costs and Timeline
Court fee: 300,000 VND for custody-only disputes with no asset involvement;
Timeline: typically 4–6 months but may extend to 6–12 months due to international service complexities.
3. Lessons from Real-World Rulings
3.1 Child's Best Interests Are Paramount
Courts always prioritize the child’s well-being, development, and expressed wishes. Demonstrating a better caregiving environment is key.
3.2 Mothers Have Advantage with Young Children
If the child is under 36 months, custody is usually awarded to the mother—even if the father resides abroad.
3.3 Importance of Evidence and Real Conditions
Factors such as caregiving history, income, housing, and health conditions are crucial to determining custody.
3.4 Leverage Provincial Court Jurisdiction
Since the husband resides abroad, provincial courts have the appropriate authority—avoiding lower-level bureaucratic hurdles.
3.5 Be Thorough When the Husband Is Absent
International service of documents is complex and slow. Having complete paperwork ready helps expedite verification and rulings.
4. Conclusion & Suggested Actions
Conclusion: In custody disputes between a Vietnamese wife and a Chinese husband, Vietnamese law places the child's best interests at the forefront. If no agreement is reached, the provincial court in Vietnam has jurisdiction. Mothers are generally favored when the child is under 36 months. A strong file—complete with legalized documents, translated evidence, and proof of a positive caregiving environment—is crucial to protecting the child’s rights and interests.
What You Should Do Now:
Gather real-life evidence: residence, income, caregiving time;
Legalize and translate all foreign documents;
File the petition at the provincial court where you reside;
Proactively seek mediation, or prepare for trial if needed;
If the husband is absent, ensure all documentation is ready for the court to verify quickly.
About DEDICA Law Firm
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.
Contact DEDICA Law Firm for expert legal consultation!
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