The Story of Ms. L – Divorce with a Chinese Husband and Property Dispute

Ms. L (Vietnamese nationality) married Mr. W (Chinese nationality) in 2012 and lived happily together in Vietnam. During her pregnancy, the couple planned to settle down in Ho Chi Minh City and purchased a house. Mr. W contributed financially from China and both names were listed on the property title. In 2023, conflicts began to arise when Ms. L discovered Mr. W was having an extramarital affair. He insisted on returning to China and refused to cooperate in resolving the dispute. Ms. L decided to file for unilateral divorce and requested the court to settle the property division under Vietnamese law. The case encountered several difficulties due to lack of evidence, legal procedures, and Mr. W’s absence.

Legal Basis and Jurisdiction of Vietnamese Courts

1. Foreign-Element Divorce – Application of Vietnamese Law
According to Article 127 of the Law on Marriage and Family 2014, a divorce between Ms. L (Vietnamese) and Mr. W (Chinese) with foreign elements still falls under the jurisdiction of Vietnamese courts, as Ms. L resides and owns property in Vietnam. The provincial court where the property is located has jurisdiction to settle the divorce and property dispute.

2. Property Regime: Land Use Rights Certificate and Principles of Common Property Division
Article 59 of the same law states:

Marital property (such as land use rights certificates and property acquired during marriage) must be divided equally, considering each party's contribution, faults, and circumstances.
If the couple has a prenuptial or marital agreement, the court will respect it if it complies with the law.

Divorce Procedure and Property Dispute Settlement

1. Document Preparation and Divorce Type Selection

Mutual Divorce: Requires a divorce petition, marriage certificate, ID/passports, and documents proving joint property ownership (e.g., land certificate, contract, receipts). If Mr. W does not return to Vietnam, include a request for trial in absentia and proof of his identity and address in China.
Unilateral Divorce: Chosen by Ms. L due to Mr. W’s non-cooperation, which prolonged the case and complicated the property division. The documents are similar, but must include proof for unilateral divorce such as conflicts, adultery, children, or shared assets.

2. Court Procedure and Fees

Filing the Petition: Submit to the provincial court where the property is located. The court may organize mediation within 1–4 months for mutual divorce or 4–6 months if it’s unilateral or involves significant property disputes.
Court Fees: Typically around 300,000 VND if no property is disputed. If there’s a dispute, fees are calculated as a percentage of the asset’s value (starting from 6 million VND).

Challenges and Practical Experience with Dedica Law

1. Sufficient Evidence and Clear Documentation
Ms. L’s house purchase project included contracts, handover minutes, receipts, messages, and bank statements — all crucial for proving joint ownership.

Tip: If Mr. W remains abroad, it is essential to determine his identity and address using his passport, residency documents, and an official confirmation of his absence. This allows the court to proceed with judicial entrustment.

2. Legal Strategy – Neutral and Effective Cooperation
Dedica helped draft documents, request trial in absentia, and represented Ms. L through all administrative procedures. Strategic steps included:

Sending a final notice to Mr. W requesting fulfillment of obligations, setting the ground for litigation and serving as evidence.
Preparing detailed documentation, emphasizing Ms. L’s contributions (home care, construction costs, and property management).
Assessing benefits: either retain the house or request monetary compensation if joint usage isn’t viable.

3. Mediation and Trial
At the mediation session, Dedica proposed:

Ms. L could retain the house; if sold, divide proceeds based on contributions.
If no agreement is reached, the court proceeds with the trial.
Expected ruling: recognize the divorce and award Ms. L property rights. Alternatively, the court may order the house to be sold or valued for equitable division.

4. Backup Plan if Husband is Completely Absent
In this case, Mr. W did not respond. The court continued in absentia and sought judicial support via the Chinese consulate. Such cases may last 12–24 months due to absence. Dedica advised verifying the husband’s address and leveraging judicial entrustment to expedite proceedings.

Recommendations from Dedica

Prepare all documentation thoroughly: land certificate, contracts, receipts, proof of payments, and Mr. W’s address in China.
Determine the foreign spouse’s address: facilitates judicial entrustment and reduces delays.
Prioritize mediation: minimizes tension, shortens time, preserves assets.
Flexible legal strategies: retain property or divide its value.
Property valuation: always request an official valuation if no agreement is reached.
Proactively request trial in absentia: avoid indefinite delays due to absence.

Conclusion

The divorce between Ms. L and Mr. W is a typical example of property disputes in Vietnam involving a Vietnamese wife and a Chinese husband. With thorough preparation and a strategic approach, you can not only protect significant assets like real estate but also safeguard your children's stability, emotional well-being, and long-term rights.

Dedica Law Firm, with extensive practical experience, has successfully handled numerous similar cases: preparing legal files, obtaining power of attorney in absentia, representing clients in mediation and litigation, and ensuring fair asset distribution. Let Dedica accompany you from the very beginning — ensuring legal safety for your family’s future.

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Experience in Resolving Divorce Between a Vietnamese Wife and a Chinese Husband Involving Property Disputes in Vietnam