Vietnam: How much is the child support level provided by the person obliged to support after divorce? What are the child support methods?
Who is obligated to support children after a divorce in Vietnam?
The provisions of Article 82 of the Law on Marriage and Family 2014 on obligations and rights of the parent who does not directly raise children after divorce in Vietnam are as follows:
Obligations and rights of the parent who does not directly raise children after divorce
1. The parent who does not directly raise a child shall respect the child’s right to live with the person who directly raises him/her.
2. The parent who does not directly raise a child shall support this child.
3. After divorce, the person who does not directly raise a child has the right and obligation to visit and care for this child without being obstructed by any person.
The parent who directly raises a child has the right to request a court to restrict the right of the other parent who does not directly raise this child if the latter takes advantage of his/her visit to and care for the child to obstruct or adversely affect the looking after, care for, raising and education of this child.
At the same time, according to subsection a, Section 11 of Resolution 02/2000/NQ-HDTP as follows:
Looking after, caring for, raising, and educating children after divorce (Article 92).
When applying the provisions of Article 92, there are the following remarks:
a. According to the provisions of Clause 1, Article 92, the person who does not directly raise the child is obliged to provide child support. This is the obligation of the mother or father; Therefore, irrespective of whether the person who directly raises the child is economically viable or not, the person who does not directly raise the child is still obliged to provide child support.
In case the person who directly raises the child does not request the person who does not directly raise the child for any reason, the Court should explain to them that the request for child support is the child's right so that they know to protect the legitimate rights and interests of the child. If it is considered that their failure to request child support is voluntary, they have full capacity and conditions of child support, the court shall not compel the other party to provide child support.
Accordingly, parents who do not directly raise their children after a divorce are obliged to support their children, regardless of whether the person who directly raises the children is economically viable or not.
Unless the person who directly raises the child voluntarily does not request the other party to provide child support and they have full capacity and conditions for child support.
How much is the child support level after divorce in Vietnam?
According to Article 116 of the Law on Marriage and Family 2014 as follows:
Support level
1. The support level shall be agreed upon by the person with the support obligation and the supported person or the latter’s guardian on the basis of the actual income and ability of the person with the support obligation and the essential needs of the supported person; if they fail to reach an agreement, they may request a court to settle it.
2. When there is a plausible reason, the support level may change. The change of the support level shall be agreed upon by the parties; if they fail to reach an agreement, they may request a court to settle it.
At the same time, the proposal in Article 6 of the Draft Resolution guiding a number of issues on the settlement of marriage and family disputes issued by the Council of Judges under the Supreme People's Court on the support level is as follows:
Child Support
Child support covers the costs of the child's upbringing and education and is agreed upon by the parties. In case the parties cannot reach an agreement, the Court shall decide on a support level equal to at least 2/3 of the statutory pay rate and must not be lower than 30% of the average income of the person obliged to support in 06 consecutive months.
Accordingly, child support level after divorce is agreed upon by the two parties themselves, in case of failure to reach an agreement, it will be decided by the Court.
According to the above proposal, the Court shall decide on a support level equal to at least 2/3 of the statutory pay rate and must not be lower than 30% of the average income of the person obliged to support in 06 consecutive months.
What are the child support methods in Vietnam?
According to the provisions of Article 117 of the Law on Marriage and Family 2014 as follows:
Support method
Support may be provided on a monthly, quarterly, biannual, annual or one-off basis.
In case the person with the support obligation falls into a difficult financial circumstance, thus being unable to perform his/her support obligation, the parties may reach an agreement to change the method of support or temporarily cease the support; if they fail to reach an agreement, they may request a court to settle it.
At the same time, it is proposed in Article 7 of the Draft Resolution guiding a number of issues on the settlement of marriage and family disputes issued by the Council of Judges under the Supreme People's Court as follows:
Support method
The support method shall be agreed upon by the parties on a monthly, quarterly, semi-annual, annual or one-off basis. In case the parties cannot reach an agreement, the Court shall decide on the monthly support or other method suitable to the needs, interests of the child and the conditions of the person obliged to support.
Accordingly, the support method shall be agreed upon by the parties on a monthly, quarterly, semi-annual, annual or one-off basis.
At the above proposal, in case the parties cannot reach an agreement, the Court shall decide on the monthly support or other method suitable to the needs, interests of the child and the conditions of the person obliged to support.
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