Marriage between two different cultures, languages, and legal systems often comes with complex challenges. When a marriage breaks down, issues such as divorce, child custody, and especially disputes over nationality documentation become legal entanglements that are both inconvenient and emotionally taxing. This article provides Vietnamese–Korean couples with a clear and up-to-date overview of the divorce process in Vietnam, ensuring legal security and the best interests of the shared child.

1. Divorce Involving Foreign Elements and Jurisdiction in Vietnam

According to Vietnam’s 2014 Law on Marriage and Family, a divorce is considered to involve foreign elements if one party is a foreign national or if both reside in Vietnam. In the case of a Vietnamese wife and Korean husband:

Under Article 127 of the Law on Marriage and Family, Vietnamese courts have jurisdiction if either spouse resides or works long-term in Vietnam.

Conclusion: If you are living in Vietnam and your Korean husband resides in Korea, you can still file for divorce at a Vietnamese court in your place of permanent residence.

2. Choosing the Type of Divorce: Mutual Consent or Unilateral Divorce

2.1 Mutual Consent Divorce
Applies to couples who have agreed on child custody, asset division, and debts.

Required documents include a joint petition, marriage certificate, passports/ID cards, child’s birth certificate, etc.

The judge will conduct mediation; if successful, the divorce decision is issued within 7 days.

2.2 Unilateral Divorce
Applies when the husband does not agree to divorce or cannot be contacted.

The petitioner must submit a petition, marriage certificate (with consular legalization if married in Korea), residency documents, and a notarized passport copy.

If the husband cannot be found, the court will request public notification or declare him absent.

The first-instance process may take up to 4 months, potentially longer in complex cases.

3. Child Custody Rights After Divorce

Child custody is often a contentious issue. Under the Law on Marriage and Family:

If both parties reach an agreement, the court will approve it.
If not, the court will decide based on the best interests of the child.

In practice, if the mother is Vietnamese and lives in Vietnam, the court often grants custody to her—especially if the child is young—provided she can ensure proper care, financial stability, and visitation opportunities for the father.

4. Divorce Record and Nationality Recognition – Required Documents

4.1 Divorce Record

If divorced in Korea:

The divorce judgment must be consularly legalized and translated into Vietnamese.
Submit it to the District-level People’s Committee for civil status registration (as per Decree 123/2015/NĐ-CP).

4.2 Certificate of Single Status

After the divorce record is noted:

The Commune/Ward People’s Committee will issue a certificate of marital status, required if you plan to remarry or complete nationality-related documents.

4.3 Child's Nationality

After the divorce, the child may be eligible for both Vietnamese and Korean passports if the father registers the birth at the local People’s Committee (including Korean nationality declaration). The registration process also depends on Korea’s citizenship policies—especially if the mother raises the child in Vietnam, the child may primarily follow the mother’s nationality.

5. Post-Divorce Matters: Visa, Residency, and Legal Support

5.1 Visa Consequences in Korea

Under Korean immigration law: if a divorce occurs within two years of marriage and there are no children, the foreign spouse may be required to leave Korea.

If there are shared children, the foreign spouse may remain to care for them (with visas such as F‑1-1 or F‑5, depending on the case).

5.2 Recognition in Vietnam

You must:

Legalize and record the divorce as previously mentioned.
Afterwards, the documents can be used for residency procedures, applying for a citizen ID card/temporary residence card, or registering a new marriage.

6. Legal Advice from Experts

Record the divorce as soon as you receive the judgment or certificate—especially if the divorce occurred in Korea. Without this, obtaining official documents in Vietnam becomes difficult.
Keep all documents complete: translations, consular legalizations, civil status records, birth certificates, etc.
Seek specialized advice on child custody and visa matters—especially if your child needs to travel to Korea or you plan to visit frequently.
Work with an experienced international divorce lawyer. For example, the Hung Bach Law Firm offers full-service support: document preparation, translation, court filings, and child visa tracking.

7. Conclusion

If you—a Vietnamese wife—are preparing for a divorce with your Korean husband, you can proceed with the divorce entirely within Vietnam, following current legal procedures and ensuring your rights and your child’s best interests are protected. Properly recording the divorce, handling your child’s nationality, and getting visa advice are essential steps. If completed systematically, accurately, and efficiently, you can confidently begin a new chapter with solid legal support in Vietnam.