What are cases of change of the person directly raising children after divorce in Vietnam?

What are cases of change of the person directly raising children after divorce in Vietnam?

Pursuant to Article 84 of the Law on Marriage and Family in 2014 stipulating change of the person directly raising children after divorce in Vietnam as follows:

Change of the person directly raising children after divorce

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.

As regulations above, change of the person directly raising a child shall be settled as follows:

- At the request of a parent or a person or an organization, a court may decide to change the person directly raising a child.

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

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

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

- 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.

What are requirements for grant of right to raise children after divorce in Vietnam?

Pursuant to Article 81 of the Law on Marriage and Family in 2014 stipulating regulations on looking after, care for, raising and education of children after divorce as follows:

Looking after, care for, raising and education of children after divorce

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.

As regulations above, fathers and mothers must satisfy following requirements for grant of right to raise children after divorce in Vietnam:

Case 1: 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.

Case 2: When husband and wife 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.

+ Material conditions such as: food, accommodation, living, learning conditions, etc.

The parties can present payroll, documents proving their income, other financial sources and how to take care of children after divorce.

+ Mental conditions such as: Time to care and teach; children's education, the love they have had for them ever since; conditions for children's entertainment, moral character, educational level, etc of parents.

Note: If a child is full 7 years or older, his/ her desire shall be considered.

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.

What are cases of restrictions on parents’ rights toward their minor children in Vietnam?

Pursuant to Article 85 of the Law on Marriage and Family in 2014 stipulating restrictions on parents’ rights toward their minor children in Vietnam as follows:

Restrictions on parents’ rights toward their minor children

1. A parent shall have his/her rights toward a minor child restricted when:

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.

2. On ạ case-by-case basis, a court shall itself, or at the request of the persons, agencies or organizations prescribed in Article 86 of this Law, issue a decision disallowing a parent to look after, care for and educate a child or manage the child’s own property or act as the child’s representative at law for between 1 and 5 years. The court may consider shortening this period of time.

As regulations above, a parent shall have his/her rights toward a minor child restricted when:

- 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;

- He/she disperses property of the child;

- He/she leads a depraved life;

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

Best regards!