Divorce is increasing steadily across the country in recent years and impacts on marriage and family life. The biggest challenge is not only how to get over without having other’s presence anymore, but also child custody and care. In Vietnam, child custody is an important issue and attracts public’s attention while Regulations of the responsibilities and conditions for child custody are considered as one of the most common disputes between two spouses during divorce procedures.
17 03 2025
Divorce has been increasing steadily across the country in recent years and has impacted on marriage and family life. The biggest challenge is not only how to get over it without having other’s presence anymore, but also child custody and care. In Vietnam, child custody is an important issue and attracts public’s attention while Regulations of the responsibilities and conditions for child custody are considered as one of the most common disputes between two spouses during divorce procedures.
In practice, parents have the right to negotiate and agree on who will directly care for the child, if their arrangement complies with legal requirements. In the article below, TNP Lawyer will provide detailed insights into the legal framework of child custody as well as answer common questions about child custody rights.
According to Clause 14, Article 3 of the Law on Marriage and Family 2014, divorce means termination of the husband-and-wife relation under a court’s legally effective judgment or decision.
What is child custody after divorce?
According to Article 81 of the 2014 Law on Marriage and Family in Vietnam, child custody after divorce is governed by regulations regarding the care, upbringing, and education of children as follows:
After divorce, parents retain the right and obligation to care for, raise, and educate their minor children (under 18 years old) or adult children who lack legal capacity, are unable to work, or do not possess assets to support themselves, as stipulated in the 2014 Law on Marriage and Family, the 2015 Civil Code, and other relevant laws.
Parents can mutually agree on who will have direct custody of the child and define each parent’s rights and responsibilities post-divorce. If no agreement is reached, the Court will decide based on the child’s best interests. For children aged seven or older, the Court will consider the child’s wishes.
Children under 36 months are generally placed in the custody of the mother, unless the mother is deemed unfit to directly care for the child or both parents agree on an alternative arrangement that serves the child’s best interests.
These regulations are designed to provide children with a stable and nurturing environment after their parents’ divorce. They ensure that all rights and responsibilities are upheld, focusing on the child’s emotional and physical needs regardless of post-divorce circumstances.
Vietnamese law distinguishes between sole custody and joint custody after divorce. and separate property within a marriage. Article 84 of the 2014 Law on Marriage and Family stipulates that Sole Custody: Sole custody is granted when one parent assumes full responsibility for the child’s upbringing. The non-custodial parent retains certain rights and responsibilities, such as visitation rights and participation in major decisions concerning the child’s upbringing.
Joint Custody: Joint custody involves both parents sharing responsibility for raising the child. The feasibility of joint custody depends on various factors, including the parents’ ability to cooperate effectively and maintain a healthy co-parenting relationship.
5 principles of child custody in Vietnam
The principles of child custody upon divorce in Vietnam, as outlined in Articles 81, 82, 83, and 84 of the 2014 Law on Marriage and Family, presents the child’s best interests with parents’ rights and responsibilities. By following, we will break down those principles into 5 main principles.
Principles 1: Determining custody after divorce, regulations on care, upbringing, nurturing and education children after divorce
Pursuant to Article 81 of the 2014 Law on Marriage and Family, the care, upbringing, nurturing and education of children after divorce are regulated as follows:
After the divorce, parents still have the right and obligation to care for, nurture and educate their children according to the provisions of the 2014 Law on Marriage and Family, the Civil Code and other relevant laws.
The husband and wife agree on the person who directly cares for the child, the obligations and rights of each party after the divorce towards the child. In case of failure to reach an agreement, the Court shall decide to assign the child to one party for direct care based on the child’s interests in all aspects. If the child is 7 years old or older, the child’s wishes must be considered.
Children under 36 months of age are assigned to the mother for direct care, except the mother is not qualified to directly look after, care for, raise and educate the child or the parents have another agreement. This regulation seeks to ensure that children born within this timeframe are considered the joint responsibility of both spouses, regardless of the circumstances surrounding the divorce.
Principle 2: After divorce, the father or mother who wants to gain custody of the child must meet the following conditions
Agree on the person who directly raises the child, the obligations and rights of each party after the divorce towards the child.
In the event of failure to reach an agreement, they must prove that their conditions can ensure the child’s interest in all aspects:
Conditions about food, accommodation, living conditions, learning conditions, etc. The parties can provide evidence to demonstrate their ability to provide the child with optimal living conditions as well as emotional support such as their salary statements, documents proving their income, other financial resources etc. The court evaluated this capacity to safeguard the children in both physical and mental development
Mental conditions such as: Time to care for, teach; educating the child, affection given to the child up to now; conditions for children to play and entertain, moral character, educational level… of parents. The court evaluates the ability of each parent to provide for the child’s comprehensive development, including their mental and emotional health. This assessment helps ensure that the child is placed in an environment that is conducive to their overall well-being and psychological stability. Additionally, if either parent is found to have mental health issues that may impact their ability to care for the child, the court may factor this into their custody decision. The goal is to prioritize the best interests and welfare of the child in custody arrangements.
When addressing custody matters in the event of a divorce involving multiple children, when deciding custody, The court considers the importance of maintaining sibling relationships. This approach aligns with the broader aim of ensuring the child’s overall emotional stability. Siblings are often considered vital to a child’s development with companionship and emotion, and a sense of safety during divorce time. Therefore, if there are siblings involved, the court generally strives to ensure that a custody arrangement allows the child to remain together whenever possible. However, there are exceptions to this principle. In some cases, separating siblings better serves the child’s best interests, the court may decide custody differently. The Court needs to assess carefully to focus on the child’s long-term welfare and maintaining meaningful sibling connections.
Principle 3: When can the person directly raising the child be changed after divorce?
According to the provisions of Article 84 of the Law on Marriage and Family 2014, the change of the person directly raising the child after divorce is stipulated as follows:
In case of a request from the father, mother or competent individual or organization, the Court may decide to change the person directly raising the child.
The change in the person directly raising the child is resolved when there is one of the following grounds:
The father and mother have an agreement on changing the person directly raising the child in accordance with the interests of the child.
The person directly raising the child is no longer qualified to directly look after, care for, raise and educate the child.
The change of the person directly raising the child must consider the wishes of the child from 7 years of age and older.
In case there is a basis that the person directly raising the child is no longer qualified to directly look after, care for, raise and educate the child, based on the interests of the child, the following individuals, agencies and organizations have the right to request a change of the person directly raising the child
Thus, after the father or mother directly raises the child after divorce but there is evidence to prove that he or she is no longer qualified to raise and care for the child or there is another agreement, it is still possible to change the person directly raising the child.
Principle 4: Obligations and rights of the father or mother who does not directly raise the child after divorce
Article 82 of the 2014 Law on Marriage and Family stipulates the obligations and rights of the father or mother who does not directly raise the child after divorce as follows:
The father or mother who does not directly raise the child has the obligation to respect the child’s right to live with the person who directly raises the child.
The father or mother who does not directly raise the child has the obligation to provide child support.
After divorce, the person who does not directly raise the child has the right and obligation to visit the child without being hindered by anyone.
If the parent who does not directly raise the child abuses the right to visit the child to hinder or negatively affect the care, upbringing, and education of the child, the parent who directly raises the child has the right to request the Court to limit that person’s right to visit the child.
Principle 5: The parent who directly raises the child after divorce does not have the right to hinder the other parent from visiting and caring for the child
According to Article 83 of the 2014 Law on Marriage and Family, the parent who directly raises the child has the right to request the parent who does not directly raise the child to perform the obligations prescribed in Article 82 of the 2014 Law on Marriage and Family; request the parent who does not directly raise the child and family members to respect their right to raise the child.
At the same time, the parent who directly raises the child and family members are not allowed to hinder the parent who does not directly raise the child from visiting, caring for, raising, and educating the child.
In case the parent responsible for taking care of the children intentionally avoids their duty, the other party has the right to request the Court to act and enforce the agreement.
This issue is handled as the dispute in the Local People’s Court where the supporting parent lives or works. This process follows the Article 28, Clause 5 and Article 39, Clause 1 of 2015 Code of Civil Procedure of Vietnam. Child custody filed these documents:
A certified copy of the parent’s ID
A certified copy of the parent’s residency record
A certified copy of the child’s birth certificate
Evidence of the supporting party’s income
Divorce judgment and petition for support after divorce
Conclusion
Child custody is a complex issue that requires a comprehensive understanding of Vietnamese family law. At TNP Lawyers, our family law consultants stay informed on changing legislation to increase focus on promoting the best interests of the child. As a premier law firm in Vietnam specializing in family matters, we offer expert guidance through the intricacies of custody arrangements under Vietnamese legal frameworks.
If you need expert legal advice and support for your child custody concerns, do not hesitate to contact us at TNP Lawyers. Our dedicated team of Vietnamese family law consultants will apply their specialized knowledge and depth of experience in Vietnamese family court proceedings to bring about positive results for your needs. We understand the nuances of local family law and are committed to helping you navigate this challenging aspect of divorce with confidence and clarity.
Contact TNP Lawyers today for a confidential consultation:
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