Do minor children have right to request a denial of support from person who does not directly raise them in Vietnam?

Do minor children have right to request a denial of support from person who does not directly raise them in Vietnam?

My question is, my parents divorced but I am not yet 18 years old, but I do not need support from them, what should I write?

Reply:

Pursuant to Clause 2, Article 82 of the Law on Marriage and Family 2014, parent who does not directly raise a child shall support this child.

And according to Clause 1, Article 83 of the Law on Marriage and Family 2014, the parent directly raising a child has the right to request the person not directly raising this child to fulfill the obligations prescribed in Article 82 of this Law and request this person and family members to respect his/her right to raise the child.

On the other hand, at Point a, Section 11 of Resolution 02/2000/NQ-HDTP stipulates:

When applying the provisions of Article 92 , it is necessary to pay attention to the following points:

a. According to the provisions of Clause 1, Article 92, the person who does not directly raise the child has the obligation to support the child. This is the duty of parents; therefore, regardless of whether the person directly raising the child has economic capacity or not, the person who does not directly raise the child still has obligation to support the child.

In cases where the person directly raising the child does not ask the person who does not directly raise the child for support for some reason, the Court needs to explain to them that asking for child support is in the child's interest so that they know in order to protect the child's legitimate rights and interests. If it is considered that their failure to request support is voluntary, they have full capacity and conditions for child rearing, the Court shall not force the other party to provide child support.

Therefore, you are not the person who has refused the support obligation of your parent who does not directly raise you, but that right belongs to the person who is directly raising you according to the above provisions in Vietnam.

If we are not married, can I request for child support in Vietnam?

I am currently single and I have a child with someone who is also single. We are not married, but after the child is born, how much will my child's father have to support him? Please advise.

Reply:

In Clause 1, Article 107 of the Law on Marriage and Family 2014, the support obligation is as follows:

1. The support obligation shall be performed between parents and children; among siblings; between paternal grandparents, maternal grandparents and grandchildren; between aunts, uncles and nieces, nephews; and between husband and wife in accordance with this Law.

The support obligation can be neither replaced by another obligation nor transferred to other people.

Since you and the other person do not currently have a marriage relationship and do not have a marriage registration certificate, if you want your child's father to support him, you must first carry out procedures to confirm the father for the child according to Article 101 of the Law on Marriage and Family 2014.

1. The civil status registry is competent to identify parents and children in accordance with the civil status law in case there is no dispute.

2. The court is competent to identify parents and children in case there is a dispute or the person requested for being identified as parent or child has died and in the case prescribed in Article 92 of this Law.

A court’s decision identifying a parent or child shall be sent to the civil status registry for recording in accordance with the civil status law; to parties involved in the parent and child identification; and to related persons, agencies and organizations as prescribed by the civil procedure law.

Documents to request for identification of parents and children include:

- An application for identification of the child's father (can be obtained at the Court);

- Mother's identity card (certified copy);

- Mother's household book (certified photo);

- Child's birth certificate (certified photo);

- Papers and documents proving the paternity (can be: - Papers or letters written by the defendant in which he acknowledges the child as his child; - Confirmation of the residential community about living together as husband and wife, ...).

In case the case is accepted for settlement and brought to trial, the Court may request an DNA examination to determine the paternity. Only when the competent authority recognizes the paternity relationship, does the mother have right to request the father to perform the child support obligation in Vietnam.

Article 116 of the Law on Marriage and Family 2014 stipulates the level of support as follows:

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 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 agreement, they may request a court to settle it.

Thus, in case you have not registered your marriage but have your child. After the birth of a child, if you want to claim the support from his father, you must carry out the procedures to recognize the father and child according to the above provisions in Vietnam. The parties can agree on the monthly support level for your common child. In case one of the parties disagrees with the level of support or evades the support obligation, it may initiate a lawsuit to the Court for settlement.

If husband does not support his children, will he be able to meet his children in Vietnam?

I have a cousin who has been married for 1 year but because of incompatibility, the two decided to divorce. After the divorce, according to the court's decision, the husband must support his minor daughter at VND 2 million/month. Because he was about to marry a new wife and ran out of money, he had only given her 1 million dong for the past 5 months and she had repeatedly asked him to properly perform the support obligation, but he refused, so she did not allow him to visit her children. And he threatened that if he didn't let her visit, he would sue her. May I ask if my sister's actions are right or wrong?

Reply:

In Clause 1, Article 81 of the Law on Marriage and Family 2014 stipulates:

1. After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves in accordance with this Law, the Civil Code and other relevant laws.

According to this Article, looking after, caring for, raising and educating minor children is both a right and an obligation of parents towards their children. The rights of parents towards a minor child are limited only in the following cases:

a/ He/she is convicted of one of the crimes of intentionally infringing upon the life, health, dignity or honor of this child or commits acts of seriously breaching the obligations to look after, care for, raise and educate children;

b/ He/she disperses property of the child;

c/ He/she leads a depraved life;

d/ He/she incites or forces the child to act against law or social ethics.

According to the law in Vietnam, only the competent People's Court has right to limit the rights of parents towards minor children.

Therefore, in the case that just because you can't agree with your husband on the payment of child support according to the Court's decision in Vietnam, your sister forbids him from visiting the children, it is not correct behavior. In my opinion, in this case, your sister can ask the court to force the husband to perform child support obligations instead of forbidding him and the children from seeing each other like that.

Best regards!