How many years of imprisonment for parents who avoid obligation to provide children support in Vietnam?
Please ask: What are law regulations on support in Vietnam? How many years of imprisonment for parents who avoid obligation to provide children support in Vietnam? Please advise.
What are law regulations on support in Vietnam?
According to the provisions of Clause 24, Article 3 of the 2014 Law on Marriage and Family, there are regulations on Support:
Explanation of words
In this Law, the following terms are understood as follows:
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24. Support means an act whereby a person has the obligation to contribute money or other kinds of property to meet the essential needs of another person who does not live together with but has marriage, blood or raising relation with the former and is a minor or an adult who has no working capacity and no property to support himself/herself, or meets with financial difficulties as prescribed by this Law.
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According to this Article, support is the obligation of a person to contribute money or other kinds of property to meet the essential needs of another person who does not live together with but has marriage, blood or raising relation with the former and is a minor or an adult who has no working capacity and no property to support himself/herself, or meets with financial difficulties according to regulations in Vietnam.
How many years of imprisonment for parents who avoid obligation to provide children support in Vietnam? (Image from the Internet)
How many years of imprisonment for parents who avoid obligation to provide children support in Vietnam?
Pursuant to Article 186 of the 2015 Criminal Code amended by Clause 37, Article 1 of the Law Amending the 2017 Criminal Code, which stipulates denial or avoidance of obligation to provide support:
Denial or avoidance of obligation to provide support
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.
According to this Article, anyone who avoids the child support obligation after divorce will be prosecuted for criminal liability for denial or avoidance of obligation to provide support in Vietnam in the following cases:
- Having the actual ability to provide support to the another person for whom the former is responsible for providing support but fails to do so.
- Avoiding the obligation to support results in serious bodily harm of the recipient.
- Has been administratively sanctioned for avoiding support obligations but continues to violate.
Note: This regulation does not apply to cases of failure to serve a judgment ( Article 380 of the 2015 Criminal Code).
Any person who avoids the support obligation will be prosecuted for criminal liability for denial or avoidance of obligation to provide support and shall be subject to a warning, community sentence for up to 02 years or imprisonment from 03 months to 02 years depending on the severity of the violation in Vietnam.
How many years of imprisonment for parents who avoid obligation to provide children support in Vietnam?
Pursuant to Article 57 of Decree 144/2021/ND-CP regulating violations against regulations on care, nurture or support as follows:
Violations against regulations on care, nurture or support
1. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for any of the following violations:
a) Denying or evading support obligations between husband and wife after divorce, refusing or evading the nurturing obligations between sisters and brothers, between paternal grandparents, maternal grandparents and grandchildren under the regulations of law;
b) Denying or evading the support and nurturing obligations for parents; obligations of support and care for children after divorce as prescribed by law;
2. Remedial measure:
Mandatory fulfillment of contribution/nurturing obligations for the acts specified in Clause 1 of this Article.
According to this Article, if the father avoids his child support obligation even though he is still able to provide support in Vietnam, he will be fined from 5,000,000 VND to 10,000,000 VND.
In addition, the father avoids the obligation to support the child even though he has the ability to provide support and is forced to fulfill the obligation to contribute and nurture according to regulations in Vietnam.
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