If my husband does not give our minor child to me to raise according to the Court's decision in Vietnam, what will this be resolved?

If my husband does not give our minor child to me to raise according to the Court's decision in Vietnam, what will this be resolved?

Article 120 of the Law on Execution of Civil Judgments 2008 stipulates coercive consignment of minors to assigned fosterers under judgments or rulings as follows:

1. Enforcers shall issue decisions on coercive consignment of minors to assigned fosterers under judgments or rulings. Before coercing the consignment of minors to assigned fosterers, enforcers shall collaborate with local administrations and socio-political organizations in localities in persuading involved parties to voluntarily execute judgments.

2. In case judgment debtors or current guardians of minors refuse to consign these minors to assigned fosterers, enforcers shall issue decisions to impose fines and set a time limit of 5 working days after the date of issuance of these decisions for these persons to consign minors to assigned fosterers. Upon the expiration of the set time limit, if these persons still fail to do so, enforcers shall coerce the consignment of minors or request competent agencies to examine their penal liability for the crime of failure to execute judgments.

So, if the Court decides that you are the person who directly takes care of Bimm (minor child) after the divorce, but your ex-husband does not hand over Bimm to you, you can request the Court (executor) to decide to hand over Bimm to you to directly raise according to the judgment and decision in Vietnam.

Before forcibly handing Bimm over to you, the executor coordinates with the local government and socio-political organizations in that locality to persuade him to voluntarily carry out the sentence in Vietnam.

Is it true that the person directly raising a minor child is always the mother in Vietnam? 

According to Article 81 of the 2014 Law on Marriage and Family, looking after, care for, raising and education of children after divorce is regulated as follows:

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.

2. Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.

3. A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.

Therefore, according to the above regulations in Vietnam, the direct custody of minor children after divorce will be agreed upon by husband and wife. In case no agreement can be reached, the Court will decide to hand over the children to one party (Based on the child's rights in all aspects).

There are no regulations that assume that the mother is the one who directly raises the minor children after divorce in Vietnam.

If my husband does not give our minor child to me to raise according to the Court's decision in Vietnam, what will this be resolved? (Image from the Internet)

In what cases is it possible to change the person directly raising a minor child in Vietnam?

Pursuant to Clause 2, Article 84 of the 2014 Law on Marriage and Family, change of the person directly raising children after divorce:

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.

Above are 02 cases where the law stipulates that the person directly raising a minor child can be changed in Vietnam.

Best regards!