What are cases in which parents shall have their rights toward a minor child restricted in Vietnam?

Hello, Lawnet would like to provide the following explanation:

1. What are cases in which parents shall have their rights toward a minor child restricted in Vietnam?

According to Article 85 of the Law on Marriage and Family 2014, parents are restricted from exercising their rights over minors in the following cases:

- Being convicted of one of the crimes infringing upon the life, health, dignity, or honor of the child with intentional misconduct or having seriously violated the obligations of care, nurture, and education of the child;

- Squandering the child's property;

- Having a depraved lifestyle;

- Inciting or forcing the child to commit unlawful or unethical acts.

Based on specific cases, the court may, on its own or at the request of individuals, agencies, or organizations stipulated in Article 86 of the Law on Marriage and Family 2014, decide to prohibit parents from caring for, educating, managing the private property of, or legally representing the child for a period of 01 to 05 years. The court may consider shortening this period.

Article 86 of the Law on Marriage and Family 2014 stipulates who has the right to request the court to restrict the parental rights over minors as follows:

- Parents or guardians of the minor child, as prescribed by civil procedure law, have the right to request the court to restrict the parental rights over the minor child;

- The following individuals, agencies, or organizations, as prescribed by civil procedure law, have the right to request the court to restrict parental rights over the minor child:

+ Relatives;

+ State agencies in charge of family affairs;

+ State agencies in charge of children affairs;

+ The Women's Union.

- Other individuals, agencies, or organizations when detecting that parents have violated the provisions of Clause 1, Article 85 of the Law on Marriage and Family 2014 have the right to request the agencies and organizations stipulated in points b, c, and d of Clause 2, Article 86 to request the court to restrict the parental rights over the minor child.

Thus, parents are restricted from exercising their rights over minors in cases such as being convicted of crimes against their child's life, health, dignity, or honor; committing serious violations of the care, nurture, and education obligations; squandering the child's property; leading a depraved lifestyle or inciting or forcing the child to commit unlawful or unethical acts. Additionally, the court may decide to restrict parental rights over minors on its initiative or at the request of individuals, agencies, or organizations.

2. What are the legal consequences when parents' rights toward a minor child are restricted in Vietnam?

According to Article 87 of the Law on Marriage and Family 2014, the legal consequences when parents' rights toward a minor child are restricted in Vietnam are as follows:

- In the case where either parent is restricted by the court from exercising their rights over the minor child, the other parent assumes the responsibility to care for, nurture, educate, manage the child’s private property, and legally represent the child.

- The care, education, and management of the private property of the minor child will be assigned to the guardian under the provisions of the Civil Code of Vietnam and the Law on Marriage and Family 2014 in the following cases:

+ Both parents are restricted by the court from exercising their rights over the minor child;

+ One parent is not restricted but is not capable of assuming their responsibilities towards the child;

+ One parent is restricted, and the other parent's identity is undetermined.

- Parents who have been restricted by the court from exercising their rights over minors are still obligated to provide support for the child.

Thus, the above regulations aim to protect the rights and interests of children when parents fail to adequately fulfill their duties and responsibilities towards them.

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