Do Vietnamese parents have the obligations to raise their minor children who have lost their civil act capacity?
- What are the regulations on protection of rights and obligations of parents and children in Vietnam?
- Do Vietnamese parents have the obligations to raise their minor children who have lost their civil act capacity?
- What are the cases of restrictions on parents’ rights toward their minor children in Vietnam?
What are the regulations on protection of rights and obligations of parents and children in Vietnam?
Pursuant to the provisions of Article 68 of the Law on Marriage and Family 2014 on protection of rights and obligations of parents and children
Protection of rights and obligations of parents and children
1. The rights and obligations of parents and children under this Law, the Civil Code and other relevant laws shall be respected and protected.
2. Children who are born regardless of their parents’ marital status all have the same rights and obligations toward their parents prescribed in this Law, the Civil Code and other relevant laws.
3. Adopted children and adoptive parents shall have rights and obligations of parents and children prescribed in this Law, the Adoption Law, the Civil Code and other relevant laws.
4. All agreements between parents and children related to personal and property relations must not harm the lawful rights and interests of minor children, adult children who have lost their civil act capacity or have no working capacity and no property to support themselves and parents who have lost their civil act capacity or have no working capacity and no property to support themselves.
Thus, the regulations on protection of rights and obligations of parents and children include:
- The rights and obligations of parents and children under this Law, the Civil Code and other relevant laws shall be respected and protected.
- Children who are born regardless of their parents’ marital status all have the same rights and obligations toward their parents prescribed in this Law, the Civil Code and other relevant laws.
- Adopted children and adoptive parents shall have rights and obligations of parents and children prescribed in this Law, the Adoption Law, the Civil Code and other relevant laws.
- All agreements between parents and children related to personal and property relations must not harm the lawful rights and interests of minor children, adult children who have lost their civil act capacity or have no working capacity and no property to support themselves and parents who have lost their civil act capacity or have no working capacity and no property to support themselves.
Do Vietnamese parents have the obligations to raise their minor children who have lost their civil act capacity? (Image from the Internet)
Do Vietnamese parents have the obligations to raise their minor children who have lost their civil act capacity?
Pursuant to the provisions of Article 69 of the Law on Marriage and Family 2014 on the obligations and rights of parents:
Obligations and rights of parents
1. To love, and respect opinions of, their children; to attend to the study and education of their children to ensure their healthy physical, intellectual and moral development in order to become dutiful children of the family and useful citizens of the society.
2. To look after, raise, care for, and protect the lawful rights and interests of their minor children and adult children who have lost their civil act capacity or have no working capacity and no property to support themselves.
3. To act as the guardian of or represent in accordance with the Civil Code their minor children or adult children who have lost their civil act capacity.
4. Not to discriminatorily treat their children due to their gender or the marital status of the parents; not to abuse the labor of their minor children or adult children who have lost their civil act capacity or have no working capacity; not to incite or force their children to act against law or social ethics.
Therefore, parents have the obligations to look after, raise, care for, and protect the lawful rights and interests of their minor children and adult children who have lost their civil act capacity or have no working capacity and no property to support themselves.
What are the cases of restrictions on parents’ rights toward their minor children in Vietnam?
Pursuant to the provisions of Article 85 of the Law on Marriage and Family 2014 on restrictions on parents’ rights toward their minor children
Restrictions on parents’ rights toward their minor children
1. A parent shall have his/her rights toward a minor child restricted when:
a/ He/she is convicted of one of the crimes of intentionally infringing upon the life, health, dignity or honor of this child or commits acts of seriously breaching the obligations to look after, care for, raise and educate children;
b/ He/she disperses property of the child;
c/ He/she leads a depraved life;
d/ He/she incites or forces the child to act against law or social ethics.
2. On ạ case-by-case basis, a court shall itself, or at the request of the persons, agencies or organizations prescribed in Article 86 of this Law, issue a decision disallowing a parent to look after, care for and educate a child or manage the child’s own property or act as the child’s representative at law for between 1 and 5 years. The court may consider shortening this period of time.
A parent shall have his/her rights toward a minor child restricted when:
- He/she is convicted of one of the crimes of intentionally infringing upon the life, health, dignity or honor of this child or commits acts of seriously breaching the obligations to look after, care for, raise and educate children;
- He/she disperses property of the child;
- He/she leads a depraved life;
- He/she incites or forces the child to act against law or social ethics.
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