Can a Vietnamese Communist Party member be disciplined for not providing child support?

Can a Vietnamese Communist Party member be disciplined for not providing child support?

Based on Article 51 of the Regulation 69-QĐ/TW in 2022, there are regulations on the discipline of Party members who violate marriage and family regulations as follows:

1. A Party member who violates one of the following cases causing less serious consequences shall be disciplined by the form of warning:

a) Interfering with marriage, divorce, or allowing child marriage.

b) Evading the obligation to care for and raise children, abusing the labor of underage children.

c) Preventing a person who is not directly raising a child from visiting the child after divorce (except in cases where the parents are restricted from visiting the child under a court decision).

d) Escaping, not fulfilling the guardianship obligation after having completed the guardianship recognition procedures at the competent authority under the law.

dd) Amending, distorting the content, or forging documents to register for adoption.

e) Not registering for marriage or having a wife (husband) but still living with someone else as husband and wife.

g) Violating the law on surrogate pregnancy.

2. In case of having been disciplined under Clause 1 of this Article and re-offending or committing for the first time causing serious consequences or violating one of the following cases, shall be disciplined by the form of warning or dismissal (if holding a position):

a) Violating the regulations on amending, distorting the content or forging documents to register for marriage.

b) Irresponsibility, confirming the wrong marital status leading to someone else registering for an illegal or illegal marriage.

c) Lying or deceiving when registering for marriage or giving or adopting a child; having a child with someone else while having a wife or husband.

3. In case of violating Clause 1, Clause 2 of this Article causing very serious consequences or violating one of the following cases, shall be disciplined by the form of expulsion:

a) Violating regulations on prohibited marriage, violating the one-husband, one-wife system, affecting family happiness, causing bad public opinion in society.

b) Coercing wives (husbands), children to do things that are contrary to morality, illegality but have not yet been prosecuted for criminal liability.

c) Refusing to perform, not performing the obligation to provide for parents, the obligation to provide for children after divorce under the law.

Therefore, your ex-husband has an obligation to provide for your child, but if he does not fulfill this obligation, he may be disciplined by the Party with the form of expulsion from the Party.

Can a Vietnamese Communist Party member be disciplined for not providing child support? - Source: Internet

Shall a person who does not provide child support be liable to criminal prosecution in Vietnam?

Pursuant to Article 186 of the Criminal Code in 2015 (amended by Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating denial or avoidance of obligation to provide support as follows:

If a person who has an obligation to provide support and is capable of providing support for another person for whom the former is responsible for providing support as prescribed by law denies or avoids such obligation and such denial or avoidance results in serious bodily harm of the recipient or does it while having incurred an administrative penalty for any of the offences specified in this Article, except in the circumstances specified in Article 380 hereof, the offender shall receive a warning, face a penalty of up to 02 year's community sentence or 03 - 24 months' imprisonment.

Therefore, if your husband refuses or evades the obligation to provide for his child, causing consequences as above, he will be prosecuted for criminal liability with a sentence of warning, imprisonment for up to 2 years or imprisonment from 3 months to 2 years.

Best regards!