Dividing Property and Seeking Child Custody in Divorce with a Chinese National in Vietnam – What You Need to Prepare

Jun 20

1. Jurisdiction of Vietnamese Courts

If either you or your Chinese spouse is residing in Vietnam, the provincial-level People’s Court has the authority to handle the divorce case. However, if residence is in a border area, the district-level court may take jurisdiction.

2. Required Legal Documents

The following documents are needed for both mutual consent and unilateral divorce with a Chinese national:

Petition for divorce (mutual consent or unilateral)
Marriage certificate (original or certified copy)
Identity card/passport of both parties
Birth certificate(s) of shared children
Documentation of joint property
Proof of the Chinese party’s place of residence

In unilateral cases or when one party is absent, it is essential to provide a clear address, a “request for trial in absentia,” and translation/legalization of documents as required.

3. Division of Property upon Divorce

The general principle is equal division of joint property. However, the court may adjust based on factors such as each party’s circumstances, contributions, and any violations.

Separate property (acquired before marriage, inherited, gifted personally) is not divided unless it was merged into joint property.
Priority is given to physical division of assets; if not feasible, assets will be valued and compensated accordingly.

4. Child Custody

The parties may reach an agreement regarding child custody. If no consensus is reached, the court will decide based on the best interests of the child, considering factors like development conditions, stable residence, and financial capacity.
If the Chinese spouse is absent from Vietnam, judicial entrustment is required to serve legal documents and verify personal details — a process that may take several months.

5. Processing Time

Mutual consent: If the Chinese spouse is in Vietnam, the process may take 1–2 months. If they are absent, the duration may be extended due to legalization, passport verification, and serving of documents.
Unilateral divorce: Typically takes 8–10 months to complete judicial entrustment and court proceedings. The court judgment becomes effective after 12 months, allowing for appeals.

6. Key Notes

Consular legalization of Chinese-issued documents (e.g., marriage or birth certificates) is mandatory.
The Chinese spouse’s address must be clear and accurate; failure to do so may result in the case file being rejected due to failed judicial entrustment.
Prepare objective evidence for asset division and custody disputes: invoices, land use certificates, child-rearing receipts, living conditions, health records, school performance, etc.
If the Chinese spouse is absent, it’s advisable to authorize a lawyer or representative to avoid unnecessary delays and reduce travel and legal costs.