13/12/2024 11:16

What is the minimum child support amount in Vietnam when parents divorce? What are judgments related to this issues?

What is the minimum child support amount in Vietnam when parents divorce? What are judgments related to this issues?

What is the minimum child support amount in Vietnam when parents divorce? What are some judgments related to child support disputes when parents divorce in Vietnam?

1. What is the minimum child support amount in Vietnam when parents divorce?

Article 116 of the 2014 Law on Marriage and Family provides regulations on the support amount as follows:

- The support amount is determined through agreement between the obligee and the obligor or their guardians, based on the obligee’s income, actual capabilities, and essential needs. If no agreement can be reached, the court will make a determination.

- The support amount may be modified for valid reasons. Changes to the support amount are agreed upon by both parties. If no agreement can be reached, the court is requested to resolve the matter.

Additionally, Clause 2 of Article 7 in Resolution 01/2024/NQ-HDTP stipulates as follows:

- Child support money covers all costs for the upbringing and education of the child and is agreed upon by both parties.

- In case no agreement can be reached, the court will decide the support amount based on the income, actual capability of the obligor, and essential needs of the obligee.

- The support amount decided by the court shall not be less than half of the regional minimum monthly wage at the locality where the obligor resides for each month per child.

Thus, the minimum child support when parents divorce will be mutually agreed upon, and if not agreed, the court will resolve it, but absolutely not less than half of the regional minimum monthly wage.

According to current regulations in Article 3 of Decree 74/2024/ND-CP, the minimum monthly wage and minimum hourly wage for employees working for employers by region are as follows:

Region

Minimum monthly wage 

(Đơn vị: VND/month)

Minimum hourly wage

(Đơn vị: VND/hour)

Region I

4.960.000

23.800

Region II

4.410.000

21.200

Region III

3.860.000

18.600

Region IV

3.450.000

16.600

Như vậy, 

Thus, the minimum child support after divorce is as follows:

Region 

Minimum child support

(Đơn vị: VND/month)

Region I

2.480.000

Vùng II

2.205.000

Vùng III

1.930.000

Vùng IV

1.725.000

2. Some judgments on child support disputes when parents divorce in Vietnam

Below are some judgments on child support disputes when parents divorce:

No. Judgment Title Date of Issuance Court
1 Judgment 23/2023/HNGD-PT on custody change and support dispute post-divorce December 7, 2023 Da Nang City People's Court
2 Judgment 114/2023/HNGD-ST on child support and property division dispute September 28, 2023 Luc Yen District People's Court, Yen Bai Province
3 Judgment 3863/2023/HNGD-ST on support dispute September 22, 2023 Thu Duc City People's Court, Ho Chi Minh City
4 Judgment 06/2024/HNGD-ST on support dispute April 17, 2024 Lam Binh District People's Court, Tuyen Quang Province
5 Judgment 12/2024/HNGD-PT on child support and property division dispute post-divorce April 11, 2024 Long An Province People's Court
6 Judgment 51/2024/HNGD-ST on divorce, custody, and support dispute April 8, 2024 Long Ho District People's Court, Vinh Long Province
7 Judgment 03/2024/HNGD-PT on support dispute April 3, 2024 People's Court of Province T
8 Judgment 19/2024/HNGD-ST on divorce, custody, support, and joint debt payment dispute April 3, 2024 Can Long District People's Court
9 Judgment 24/2024/HNGD-ST on divorce, custody, and child support dispute April 2, 2024 Can Long District People's Court, Tra Vinh Province
10 Judgment 229/2024/HNGD-ST on support dispute March 29, 2024 Tan Binh District People's Court, Ho Chi Minh City
11 Judgment 41/2024/HNGD-ST on divorce, child custody, and support March 27, 2024 Tam Binh District People's Court, Vinh Long Province
12 Judgment 12/2024/HNGD-ST on divorce, child custody, and support March 25, 2024 District-level town U People's Court, Province G
13 Judgment 17/2024/HNGD-ST on divorce, custody, and child support dispute February 16, 2024 Tam Binh District People's Court, Vĩnh Long Province
14 Judgment 24/2024/HNGD-ST on support dispute February 5, 2024 Thuy Nguyen District People's Court, Hai Phong City
15 Judgment 01/2024/HNGD-PT on common child support and property division dispute January 30, 2024 Dak Nong Province People's Court
16 Judgment 05/2024/HNGD-ST on divorce, common child, and support dispute January 23, 2024 District-level town Kien Tuong People's Court, Long An Province
17 Judgment 04/2024/HNGD-ST on divorce, common child, support, and property division dispute post-divorce January 22, 2024 District-level town Kien Tuong People's Court, Long An Province
18 Judgment 239/2023/HNGD-ST on request to change child support post-divorce September 18, 2023 District D People's Court, Quang Nam Province
19 Judgment 18/2023/HNGD-PT on child support dispute September 11, 2023 Da Nang City People's Court
20 Judgment 58/2023/HNGD-ST on child support dispute September 11, 2023 Phu Hoa District People's Court, Phu Yen Province
21 Judgment 56/2023/HNGD-ST on common child support dispute post-divorce September 11, 2023 District P People's Court, Phu Yen Province
22 Judgment 16/2023/HNGD-PT on common child support dispute September 7, 2023 Nghe An Province People's Court
23 Judgment 197/2023/HNGD-ST on support and custody change dispute post-divorce September 5, 2023 My Tho City People's Court, Tien Giang Province
24 Judgment 36/2023/HNGD-ST on modification of child support amount August 30, 2023 Cu M’gar District People's Court, Dak Lak Province
25 Judgment 26/2023/HNGD-ST on divorce, custody, and support dispute August 10, 2023 District H People's Court, Province B
26 Judgment 07/2023/HNGD-PT on divorce, child support, and property division dispute post-divorce April 3, 2023 Hau Giang Province People's Court
27 Judgment 12/2023/HNGD-PT on common property division post-divorce, support, and asset loan contract dispute April 27, 2023 An Giang Province People's Court
28 Judgment 16/2023/HNGD-PT on divorce, common child custody, and support dispute March 27, 2023 Long An Province People's Court
29 Judgment 04/2023/HNGD-PT on common child support dispute March 21, 2023 Hau Giang Province People's Court
30 Judgment 02/2023/HNGD-PT on child support dispute January 5, 2023 Tay Ninh Province People's Court
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