Taiwan September 21, 2026

Divorce, Domestic Violence and Child Custody for Vietnamese Spouses in Taiwan 2026: Protection Orders, Work or Traffic Deaths, Where to Get Help and How to Prepare Evidence

Key Takeaways

What procedures must be followed in Taiwan in relation to marriage, divorce, matrimonial property, child custody, documentation for children, and insurance coverage? A divorce by mutual consent requires, under Article 1050 of the Civil Code, a written agreement signed by two witnesses and registration of the divorce at a Household Registration Office in Taiwan.
What steps should a Vietnamese woman take to protect herself and her child or children in the event of divorce or domestic violence in Taiwan? In the event of domestic violence, call 113 or 110 immediately and preserve evidence, including obtaining a medical examination and injury report, filing a police report, and keeping photographs, messages and recordings; where necessary, the Domestic Violence Prevention Center can arrange shelter.
Where a Vietnamese national suffers an occupational accident or traffic accident, or dies in Taiwan, what steps should their next of kin take to protect the person's lawful rights and interests? (1) Occupational accident: If the deceased was a worker covered by the Labor Standards Act, the family should apply to the Bureau of Labor Insurance for the occupational accident funeral allowance and survivor benefits, and claim from the employer, under Article 59 of that Act, funeral expenses equal to five months' average wages and death compensation equal to forty months' average wages; benefits paid under the Taiwanese government's occupational accident insurance may be set off against these amounts as provided by law.
When seeking to lodge a complaint or obtain legal advice or legal aid in Taiwan, which authorities or organizations should be contacted, and how should the relevant evidence be collected, preserved, and prepared? Complaints should be directed to the right channel according to the issue: for unpaid wages, working hours, brokerage fees or transfer of employer, call 1955 or file a complaint with the local labor authority and apply for labor dispute mediation; for residence and document matters, contact a National Immigration Agency Service Center, and 1990 provides advice on daily life and laws; for domestic violence, sexual assault and child protection, call 113; for criminal cases or immediate danger, call 110; for suspected fraud, call 165, but a person who has already been defrauded should still file a formal report with the police or the prosecutors office.

The questions in this article were raised by Vietnamese officials in Taiwan and leaders of the Vietnamese community at the Seminar on Legal Issues Facing Vietnamese in Taiwan , held on 17 September 2026 at the Vietnam Economic and Cultural Office in Taipei. The answers were prepared by the Taiwanese lawyers of Louis Group on the basis of the law currently in force in Taiwan, and are provided in Chinese, English and Vietnamese.

Whom to contact first

Situation	First step	Hotline or authority
Domestic violence, sexual assault, or a child being abused	Get to safety, obtain a medical examination of injuries and preserve evidence; if there is immediate danger, call the police first	113 protection hotline; 110
Preparing for divorce and worried about residence or the children	Confirm your own residence status and the children’s household registration, then weigh agreement, mediation or litigation	Household registration office, NIA Service Center; Legal Aid Foundation
A family member has died in a work accident or traffic accident in Taiwan	Contact the Vietnamese office for the death certificate and accident records; do not sign a settlement before the various benefits are clear	Vietnam Economic and Cultural Office in Taipei; Bureau of Labor Insurance; Legal Aid Foundation
Unpaid wages, working hours, broker fees, transfer of employer	Call 1955 or complain to the local labor authority, and apply for labor dispute mediation	1955
You need a lawyer free of charge	Apply with your passport or ARC, proof of work status and the evidence in your case	Legal Aid Foundation, 412-8518 (add 02 from a mobile phone)

Frequently Asked Questions (FAQ)

What procedures must be followed in Taiwan in relation to marriage, divorce, matrimonial property, child custody, documentation for children, and insurance coverage?

Marriage in Taiwan takes effect upon registration under Article 982 of the Civil Code. A Taiwan–Viet Nam marriage is usually first registered in Viet Nam, followed by the interview and document authentication, and then registered at a Household Registration Office in Taiwan. However, a marriage that has been validly concluded under Article 46 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements and under Vietnamese law is not automatically void merely because it has not yet been registered in Taiwan.

A divorce by mutual consent requires, under Article 1050 of the Civil Code, a written agreement signed by two witnesses and registration of the divorce at a Household Registration Office in Taiwan. Where no agreement can be reached, a petition for judicial divorce may be filed under Article 1052. If, during the proceedings, urgent arrangements are needed for the care of the children, visitation, maintenance, or to prevent the children from being taken abroad, a provisional order may be sought under Article 85 of the Family Act.

The matrimonial property regime must first be determined under Article 48 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements to establish which country's law applies. If Taiwanese law applies and no separate property regime has been agreed, the statutory property regime applies under Article 1005 of the Civil Code. Upon divorce, what is distributed under Article 1030-1 is the difference in the remaining property acquired during the marriage, not one half of all property; property acquired by a spouse through inheritance or gift, and solatium, are in principle excluded from the distributable estate.

Which parent is to be the primary caregiver of the children is decided by agreement between the parents under Article 1055 of the Civil Code. Failing agreement, the court decides in the best interests of the children, taking into account the existing care arrangements, the parent–child relationship, financial and caregiving capacity, the children's wishes and the cultural and linguistic environment; the court will not make an adverse finding merely because one spouse is a Vietnamese national or has weaker Chinese language ability. Taking the children to Viet Nam without consent does not necessarily constitute a crime, but it may affect the determination of parental rights or violate a court ruling.

A Vietnamese spouse who holds only permanent residence does not, as a rule, automatically lose permanent residence upon divorce; a spouse who has been naturalized and has household registration is a national of Taiwan.

A person who still holds a dependent residence permit may, after divorce, apply for continued residence under Article 31, Paragraph 4, Subparagraph 3 of the Immigration Act if he or she actually cares for, exercises parental rights and duties over, or maintains visitation with a minor child who has household registration in Taiwan.

A child whose father or mother is a Taiwanese national at the time of birth acquires Taiwanese nationality under Article 2 of the Nationality Act, but birth registration or settlement and household registration must still be completed in Taiwan. To acquire Vietnamese nationality or a Vietnamese passport, separate procedures under Vietnamese law are required.

As regards National Health Insurance in Taiwan, an employed person is enrolled from the date of employment under Article 9 of the National Health Insurance Act. Persons who are not employed, and foreign spouses, are as a rule enrolled after residing in Taiwan for six months; newborns are enrolled according to their nationality and residence status.

Because both parents are the legal representatives of a minor child, procedures in Taiwan concerning the child require the signatures of both parents. If one parent is abroad, that parent must provide a power of attorney authenticated by the consular authorities.

Status at the time of divorce	Can you stay in Taiwan after divorce?	Basis
Already a permanent resident	Divorce is not a ground for revoking permanent residence; as a rule, unaffected	Immigration Act, Art. 33
Naturalized and with household registration	Already a national; unaffected	Nationality Act
Holding a dependent ARC, and raising, exercising rights and duties over, or having visitation with, a minor child with household registration in Taiwan	May apply to continue residing	Immigration Act, Art. 31(4)(3)
Holding a dependent ARC, divorced because of domestic violence and not remarried	May apply to continue residing	Immigration Act, Art. 31(4)(2)

For how a child returns to Taiwan to register a household, enrol in school and join health insurance, see Regaining Vietnamese Nationality While Keeping Taiwanese Nationality 2026: Overstay and Voluntary Surrender, Lost Passports and ARCs, and Bringing a Child Back to Taiwan .

What steps should a Vietnamese woman take to protect herself and her child or children in the event of divorce or domestic violence in Taiwan?

In the event of domestic violence, call 113 or 110 immediately and preserve evidence, including obtaining a medical examination and injury report, filing a police report, and keeping photographs, messages and recordings; where necessary, the Domestic Violence Prevention Center can arrange shelter. Domestic violence under Article 2 of the Domestic Violence Prevention Act is not limited to physical assault; it also includes prolonged verbal abuse and intimidation, and coercing a spouse into submission by withholding living expenses, controlling bank accounts, prohibiting work or withholding identity documents.

The victim may apply to the court, free of charge, for an ordinary or temporary protection order. In case of immediate danger, the victim should call the police, and the police, the prosecutor or the local government may apply for an emergency protection order, which the court must issue within four hours of receipt if it finds an imminent danger. If the perpetrator, after a protection order has been issued, violates its orders prohibiting violence, contact, stalking or approaching the victim, or requiring the perpetrator to move out of the residence, this constitutes a criminal offense under Article 61 of the Domestic Violence Prevention Act.

Where both parties agree to divorce, a divorce agreement must be signed, witnessed by two persons, and registered at the Household Registration Office. Where the other party does not agree, and domestic violence has made the marriage impossible to maintain, a petition for judicial divorce may be filed under Article 1052 of the Civil Code.

After divorce, a person without children who divorced because of domestic violence and has not remarried may apply for continued residence under Article 31, Paragraph 4, Subparagraph 2 of the Immigration Act, for the period granted by the National Immigration Agency. A person who has a minor child with household registration in Taiwan and actually cares for, supports, exercises parental rights over, or maintains continuous visitation with the child may also apply under Subparagraph 3 of the same paragraph; not being awarded primary parental rights does not mean that the person must leave Taiwan. When the court decides on parental rights, under Article 43 of the Domestic Violence Prevention Act it is presumed, as a rule, that the exercise of parental rights by the perpetrator of domestic violence is not in the child's best interests.

In domestic violence or divorce proceedings, a Vietnamese spouse who falls under Article 13, Paragraph 3, Subparagraph 2 of the Legal Aid Act is exempt from the means test upon signing an affidavit and may apply to the Legal Aid Foundation for a lawyer; if approved, a lawyer will assist free of charge.

Type of protection order	Who applies	Key points
Ordinary protection order	The victim; a prosecutor, the police or the local government may also apply	Issued after a court hearing; no court fee for the application
Temporary protection order	The victim; a prosecutor, the police or the local government may also apply	Protects the victim before the ordinary order proceedings conclude; no court fee
Emergency protection order	A prosecutor, the police or the local government	Where there is imminent danger, the court must issue it in writing within 4 hours of accepting the application
Breach of a protection order	(the abuser’s criminal liability)	Imprisonment of up to three years, short-term detention, or a fine of up to NT$100,000, alone or in addition (Domestic Violence Prevention Act, Art. 61)

Where a Vietnamese national suffers an occupational accident or traffic accident, or dies in Taiwan, what steps should their next of kin take to protect the person's lawful rights and interests?

(1) Occupational accident: If the deceased was a worker covered by the Labor Standards Act, the family should apply to the Bureau of Labor Insurance for the occupational accident funeral allowance and survivor benefits, and claim from the employer, under Article 59 of that Act, funeral expenses equal to five months' average wages and death compensation equal to forty months' average wages; benefits paid under the Taiwanese government's occupational accident insurance may be set off against these amounts as provided by law. Under Article 61 of the same Act, this compensation claim must be exercised within two years from the date on which it becomes payable. Domestic migrant workers such as home caregivers are usually not covered by the Labor Standards Act but may still claim occupational accident insurance benefits; even where the employer failed to enroll the worker, a person who was subject to compulsory coverage is still advised to file the relevant claim.

(2) Traffic accident: For accidents occurring on or after 1 July 2026, the death benefit under compulsory motor vehicle liability insurance is NT$3,000,000. Any shortfall may be claimed from the party at fault under Articles 192 and 194 of the Civil Code, covering funeral expenses, loss of maintenance and solatium. Where there is no insurance or the vehicle at fault cannot be identified, an application may be made to the Motor Vehicle Accident Compensation Fund. Negligent homicide is not an offense prosecutable only upon complaint; the family may report the case to the police or the district prosecutors office, lodge an accusation and submit evidence.

(3) Crime victims: In addition to claiming civil damages from the offender, where the victim died, suffered serious injury or was sexually assaulted, the family may, under the Crime Victim Rights Protection Act, ask the Association for Victims Support to provide legal and livelihood support and apply for compensation to the Crime Victim Compensation Review Committee of the district prosecutors office of the place where the crime occurred. Crime victim compensation is not available, however, for traffic accidents in which benefits or compensation can be claimed under the Compulsory Automobile Liability Insurance Act.

The family should also contact the Vietnam Economic and Cultural Office in Taipei to obtain the death certificate, the autopsy or post-mortem examination certificate and the accident records. A family member who cannot come to Taiwan may issue a consularly authenticated power of attorney appointing a relative or friend in Taiwan, or a lawyer, to handle the matter. The employer must handle the funeral arrangements on the worker's behalf under Article 61 of the Employment Service Act, but this does not mean that the employer must ultimately bear all funeral costs or the cost of repatriating the remains. In practice, an employer or broker may offer a "condolence payment" on condition that the family signs a settlement agreement or an affidavit waiving all claims. The family is advised not to sign hastily before the amounts of occupational accident insurance benefits, employer compensation and civil damages have been clarified, and to have the documents reviewed first by the Legal Aid Foundation or a lawyer.

Source of payment or claim	What it covers	Basis and time limit
Employer’s compensation for death from an occupational accident	Funeral expenses of 5 months’ average wages plus death compensation of 40 months’ average wages; amounts already paid by occupational accident insurance may be offset	Labor Standards Act, Art. 59; to be claimed within 2 years from the date it becomes receivable (Art. 61)
Occupational accident insurance	Funeral allowance and survivors’ benefits; payable even where the employer failed to enrol a worker who was subject to compulsory coverage	Labor Occupational Accident Insurance and Protection Act
Compulsory automobile liability insurance	Death benefit of NT$3 million per person (from 1 July 2026)	Compulsory Automobile Liability Insurance Payment Standards
Civil damages from the party at fault	Funeral expenses, loss of support and solatium	Civil Code, Arts. 192 and 194; 2 years from knowledge (Art. 197)
Motor Vehicle Accident Compensation Fund	Where the vehicle at fault was uninsured or cannot be traced	Compulsory Automobile Liability Insurance Act, Art. 40
Crime victim compensation	Death, serious injury or sexual assault caused by a crime; not available for traffic accidents where compulsory insurance benefits can be claimed	Crime Victim Rights Protection Act

For what to do at the scene of an accident, and liability for hit-and-run and unlicensed riding, see Lending Your Bank Account, ATM Card or SIM in Taiwan 2026: Money-Laundering Risk, Your Rights When Police Summon You, Carrying Packages and Scooter Accidents .

When seeking to lodge a complaint or obtain legal advice or legal aid in Taiwan, which authorities or organizations should be contacted, and how should the relevant evidence be collected, preserved, and prepared?

Complaints should be directed to the right channel according to the issue: for unpaid wages, working hours, brokerage fees or transfer of employer, call 1955 or file a complaint with the local labor authority and apply for labor dispute mediation; for residence and document matters, contact a National Immigration Agency Service Center, and 1990 provides advice on daily life and laws; for domestic violence, sexual assault and child protection, call 113; for criminal cases or immediate danger, call 110; for suspected fraud, call 165, but a person who has already been defrauded should still file a formal report with the police or the prosecutors office.

1955 provides 24-hour service in Vietnamese; the Vietnamese-language service of 1990 is available Monday to Friday from 9 a.m. to 5 p.m. When seeking help from other hotlines, state at the outset that a Vietnamese interpreter is needed.

For a free lawyer, call the Legal Aid Foundation at 412-8518 (add 02 when dialing from a mobile phone). Under Article 13, Paragraph 3 of the Legal Aid Act, migrant workers recruited under Article 46, Paragraph 1, Subparagraphs 8 to 10 of the Employment Service Act, as well as economically disadvantaged foreign spouses of nationals who meet the requirements, are presumed to be without financial means after signing an affidavit; the Legal Aid Foundation will nonetheless review the merits of the case and the scope of assistance. Persons who have lost their right of residence for reasons not attributable to themselves, and victims of human trafficking, may also apply under Article 14 of the Legal Aid Act. When applying for legal aid, bring a passport or residence certificate, the employment permit or documents showing work status, and the evidence in the case.

When a legal dispute arises, evidence includes the contract, remittance records, records of working hours, messaging app conversations, witnesses and medical injury reports. Before handing over originals, keep copies of the evidence and retain documents bearing a receipt stamp. Be mindful of the applicable limitation periods, such as five years for wage claims, two years for occupational accident compensation, two years from knowledge for tort damages, and six months for offenses prosecutable only upon complaint.

Hotline	What it handles	Vietnamese-language service
1955	Labor complaints: unpaid wages, working hours, broker fees, transfer of employer	24 hours
1990	Residence, documents and everyday legal information	Monday to Friday, 9:00 to 17:00
113	Domestic violence, sexual assault, child and youth protection	24-hour hotline; ask for a Vietnamese interpreter
110	Crimes and emergencies	Say first that you need a Vietnamese interpreter
165	Advice on suspected scams; if already defrauded, a formal report is still required	Say first that you need a Vietnamese interpreter
412-8518 (add 02 from a mobile phone)	Legal Aid Foundation: applying for a lawyer free of charge	Say first that you need a Vietnamese interpreter

Claim or procedure	Time limit	Basis
Wage claims	5 years	Civil Code, Art. 126
Employer’s occupational accident compensation	2 years from the date it becomes receivable	Labor Standards Act, Art. 61
Damages in tort	2 years from knowledge of the damage and of the person liable; in any event 10 years from the tortious act	Civil Code, Art. 197
Complaint for an offense prosecutable only upon complaint	6 months from learning who the offender is	Code of Criminal Procedure, Art. 237

Where to get help

The 113 protection hotline: domestic violence, sexual assault, child and youth protection, 24 hours; if there is immediate danger, call 110 first.
The Legal Aid Foundation: 412-8518 (add 02 from a mobile phone); migrant workers and qualifying economically disadvantaged spouses of nationals are presumed to lack means upon signing a declaration.
The 1955 hotline: run by the Ministry of Labor, with service in Vietnamese, free of charge and available 24 hours a day.
The 1990 hotline for foreigners living in Taiwan: run by the National Immigration Agency; Vietnamese-language service Monday to Friday, 9:00 to 17:00.
The Vietnam Economic and Cultural Office in Taipei: death certificates, authentication of powers of attorney and repatriation of remains for families.