Do grandparents have an obligation to support their grandchildren in Vietnam?

Do grandparents have an obligation to support their grandchildren in Vietnam?

My nephew is only 15 years old this year, both of his parents passed away due to illness. He is living with me (maternal aunt). Even though my siblings are working and helping me raise him, I see that their situation is still difficult. Meanwhile, my grandparents are very rich but only visit occasionally. In this case, can my nephew submit a request for regular child support to his grandparents?

Answer: Pursuant to Clause 1, Article 113 of the Law on Marriage and Family 2014 specifically stipulates as follows:

1. Paternal grandparents and maternal grandparents who do not live with their grandchildren have the obligation to support their minor grandchildren or their adult grandchildren who have no working capacity, no property to support themselves and have no one to support them as prescribed in Article 112 of this Law.

Thus, grandparents in this case mean that they provide support for their grandchildren and the grandchildren have right to submit a request for support from the grandparents in Vietnam.

Do grandparents have an obligation to support their grandchildren in Vietnam? (Image from the Internet)

Is it possible to request support after divorce in Vietnam?

My husband and I got married 3 years ago, we have a 2 year old child, family life is not very good, my husband often gets drunk and makes trouble, so I filed a lawsuit to get a divorce, 1 week ago the court issued a divorce judgment giving me the child to raise and no need for support. Let me ask, if I have financial difficulties in the future, do I have right to request support? If so, but my husband refuses, where should I apply to have it resolved? Thanks for the answer, thank you.

Answer : Pursuant to Articles 82 and 119 of the Law on Marriage and Family 2014, the support obligation is determined as follows:

+ The parent who does not directly raise a child shall support this child.

+ The supported person, his/her parent or guardian has the right in accordance with the civil procedure law to request a court to force the person who fails to voluntarily perform the support obligation to perform such obligation.

=> So, in case you later have financial difficulties while raising your child, you have the right to ask your husband for support in Vietnam.

- Pursuant to Articles 28, 35 and 39 of the 2015 Civil Procedure Code, authority to receive lawsuit petitions is determined as follows:

+ Support is determined to be a marital and family dispute under the jurisdiction of the court.

+ Your jurisdiction to resolve marital and family disputes in this case is the district People's Court where your husband resides.

Conclusion: In the future, if you have financial difficulties in raising your children, you have right to request your husband to provide support. If your husband does not agree, you have the right to file a lawsuit with the district People's Court where you live. Your husband resides to request support in Vietnam.

What is procedure to request father to pay child support after divorce in Vietnam?

My wife has been divorced for 2 years, and her daughter is 5 years old. At the time of divorce, the Court ordered that each third month I should pay 3 million in child support, but so far have not received any money. Let me ask what we should do now if we want to force him to pay support. Thank you lawyers.

Answer: According to the provisions of Clause 2, Article 82 of the Law on Marriage and Family 2014:

2. The parent who does not directly raise a child shall support this child.

According to this Article, if one spouse does not directly raise the child, he/she must have the obligation to support the minor child or the adult child who is disabled, has lost civil act capacity, or is unable to work and have no assets to support themselves in Vietnam.

In Clause 2, Article 107 of the Law on Marriage and Family 2014, it is stipulated:

"2. In case persons having the support obligation shirk this obligation, at the request of the persons, agencies or organizations prescribed in Article 119 of this Law, courts shall compel these persons to perform the support obligation in accordance with this Law."

In case your ex-husband fails to fulfill his child support obligation after the divorce, you can file a lawsuit with the people's court where your ex-husband resides for settlement.

Documents requesting support after divorce in Vietnam include:

- Petition for alimony;

- Certified copy of identity card;

- Certified copy of household registration book;

- Divorce decision/judgment;

- Evidence proving the husband's income;

- Certified copy of the child's birth certificate.

Above is our advice on the issue you are wondering about.

Best regards!