Do child custody disputes in Vietnam relate to nationality and household registration?

Child custody disputes in Vietnam are not only about the home and caregiving responsibilities, but they can also arise from issues related to nationality and household registration. Are you worried about whether your child has Vietnamese nationality or can be registered under your household after divorce?

1. Why can child custody rights in Vietnam be affected by nationality and household registration?

When parents or families seek to obtain or change custody of a child, many often ask: “Will the court’s decision be affected if the child holds foreign nationality?” or “If the child’s household registration differs from that of the custodian, will it affect custody rights in Vietnam?” To answer these questions, we need to consider two aspects: the child’s nationality and the custodian’s residence/household registration.

1.1. The nationality of a child in Vietnam – does it affect custody rights?

According to the Law on Vietnamese Nationality (2008), a child born to a Vietnamese father or mother automatically acquires Vietnamese nationality. If one parent is a foreign national, both parents must agree in writing on the child’s nationality when registering the birth.

In cases where a Vietnamese child is adopted by a foreigner, Vietnamese law still allows the child to retain Vietnamese nationality.

Thus, in a child custody dispute in Vietnam, if one parent is a foreigner and the child holds foreign or dual nationality, this does not automatically deprive the Vietnamese parent of custody rights. The court’s decision primarily depends on the best interests of the child, as prescribed by the Law on Marriage and Family (2014).

Therefore, a child’s nationality may be a consideration, but it is not the decisive factor in determining custody rights in Vietnam.

1.2. Household registration and place of residence – how do they affect custody after divorce?

Under the Law on Residence (2020), the residence of a minor follows that of their parents. If the parents live separately, the child’s residence is where they habitually live.

Custody disputes in Vietnam often arise when the custodial parent wishes to transfer the child’s household registration to their own residence, but the other parent refuses to consent. For example, after a divorce, a mother may want to move the child’s household registration (hộ khẩu) to her place, while the father objects.

Currently, paper household registration books have been replaced by an electronic residence management system.

In practice, having a child’s household registration at the same address as the custodial parent may facilitate administrative procedures such as schooling or healthcare registration. However, it is not a decisive legal basis for determining custody rights.

When resolving custody disputes, courts in Vietnam focus on the actual living situation, care conditions, and the child’s welfare environment, rather than merely on the “household registration” record.

2. Practical solutions and notes for child custody disputes in Vietnam involving nationality and household registration

If you are facing or expect to face a child custody dispute in Vietnam involving nationality or household registration issues, here are some practical steps and legal considerations.

2.1. Determine the child’s nationality and best interests

Review your child’s birth certificate and nationality registration documents. If one parent is a foreigner, check whether there was a written agreement on the child’s nationality at birth.

When participating in a custody dispute, you should prove that your request aligns with the child’s best interests, including factors such as living environment, residence stability, caregiving capacity, and, if applicable, the child’s own wishes.

While nationality may create certain conveniences or difficulties (e.g., in international travel or education), courts primarily assess the child’s welfare, not nationality.

2.2. Household registration, residence, and related procedures

If you have custody and wish to transfer the child’s residence registration after divorce, you must submit the necessary documents to the local residence management authority (police) at both the old and new addresses.

The dossier typically includes:

• An application for change of permanent residence;

• Documents proving custody (e.g., a court judgment or custody decision);

• Documents proving legal residence at the new address.

If the other parent refuses to consent to the change, you may file a request with the local residence authority for review and resolution.

Keep in mind that residence registration is merely an administrative matter. If the child’s living environment under your care is not deemed suitable, custody may still be reconsidered by the court.

3. Conclusion

Child custody disputes in Vietnam involving nationality and household registration are not only legal issues but also deeply emotional matters concerning the rights and welfare of the child. In reality, nationality and household registration are supporting factors, while the child’s best interests remain the most important criterion guiding court decisions.

As Vietnam becomes increasingly globalized, cases involving foreign elements — such as one parent being a foreigner or the child holding dual nationality — are becoming more common. Therefore, parents should focus on preparing clear legal documentation, understanding the relevant laws on residence and nationality, and creating the most stable and nurturing environment for their child when dealing with custody disputes.

If you need personalized guidance for a child custody case involving nationality or residence in Vietnam, seeking advice from an experienced family law attorney will help you protect both your rights and your child’s future effectively.

Contact DEDICA Law Firm for expert legal consultation!

📞 Hotline: (+84) 39 969 0012 (Available on WhatsApp, WeChat, and Zalo)

🏢 Head Office: 144 Vo Van Tan Street, Xuan Hoa Ward, Ho Chi Minh City (144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City)

🕒 Business Hours: Monday – Friday (8:30 AM – 6:00 PM)

Reach out today for a free initial consultation with our team of professional lawyers!