How much is penalty for failing to provide child support after divorce in Vietnam? If my husband don't pay child support after divorce, will he face a penalty of imprisonment in Vietnam?

How much is penalty for failing to provide child support after divorce in Vietnam?

According to Article 82 of the Law on Marriage and Family 2014, obligations and rights of the parent who does not directly raise children after divorce are stipulated as follows:

1. The parent who does not directly raise a child shall respect the child’s right to live with the person who directly raises him/her.

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

3. After divorce, the person who does not directly raise a child has the right and obligation to visit and care for this child without being obstructed by any person.

The parent who directly raises a child has the right to request a court to restrict the right of the other parent who does not directly raise this child if the latter takes advantage of his/her visit to and care for the child to obstruct or adversely affect the looking after, care for, raising and education of this child.

Article 57 of Decree 144/2021/ND-CP regulates violations against regulations on care, nurture or supportt, accordingly:

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.

Thus, when your husband stops performing his child support obligation, he may be fined from 5,000,000 VND to 10,000,000 VND and will also be forced to fulfill his child support obligation in Vietnam.

How much is penalty for failing to provide child support after divorce in Vietnam? If my husband don't pay child support after divorce, will he face a penalty of imprisonment in Vietnam? (Image from the Internet)

If my husband don't pay child support after divorce, will he face a penalty of imprisonment in Vietnam?

Pursuant to Article 186 of the 2015 Criminal Code as amended by Clause 37, Article 1 of the Law amending the 2017 Criminal Code, it stipulates denial or avoidance of obligation to provide support, specifically 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.

According to this regulation in Vietnam, if your husband fails to provide support and causes consequences as prescribed above, your husband may be prosecuted for criminal liability for avoidance of obligation to provide support and may be given a warning, punishable by community sentence for up to 02 years or imprisonment from 03 months to 02 years.

In what cases can I change the person who directly raises my child after divorce in Vietnam?

According to Article 84 of the Law on Marriage and Family 2014, it is stipulated that change of the person directly raising children after divorce, accordingly:

1. At the request of a parent or a person or an organization prescribed in Clause 5 of this Article, a court may decide to change the person directly raising a child.

2. Change of the person directly raising a child shall be settled when there is one of the following grounds:

a/ The parents agrees on change of the person directly raising a child in the interests of this child;

b/ The person directly raising the child no longer has sufficient conditions to directly look after, care for, raise and educate the child.

3. Upon change of the person directly raising a child aged full 7 or older, this child’s desire shall be taken into account.

4. When seeing that both parents fail to have sufficient conditions to directly raise a child, a court shall decide to assign this child to a guardian in accordance with the Civil Code.

5. When there is the ground prescribed at Point b, Clause 2 of this Article, in the interests of a child, the following persons, agencies or organizations have the right to request change of the person directly raising this child:

a/ Next of kin;

b/ The state management agency in charge of families;

c/ The state management agency in charge of children;

d/ The women’s union.

According to this Article, you can change the person who directly raises the child after divorce if you fall into one of the cases prescribed by law as above in Vietnam.

Best regards!