What are regulations on support obligation involving foreign elements in Vietnam?

What are regulations on support obligation involving foreign elements in Vietnam?

Hello, my name is Huy Khanh. I am wishing to learn the provisions of the law related to the field of marriage and family. I have a question: What are regulations on support obligation involving foreign elements in Vietnam? Which legal documents can I find the information? Thank you!

Huy Khanh (huykhanh*****@gmail.com)

Answer:

Pursuant to Article 129 of the Law on Marriage and Family in 2014 stipulating regulations on support obligation involving foreign elements in Vietnam as follows:

- The support obligation must comply with the law of the country where the requester for support resides. In case the requester for support has no place of residence in Vietnam, the law of the country of his/her citizenship shall apply.

- Agencies competent to settle written requests for support of the persons prescribed in Clause 1 of this Article are agencies of the country of residence of the requester.

Please refer to the Law on Marriage and Family in 2014 for further information.

Does brothers and sisters in Vietnam have the obligation to support each other?

Hello Lawnet, my name is Xuan Thanh. I want to learn the provisions of the law related to the field of marriage and family. I have a question: Does brothers and sisters in Vietnam have the obligation to support each other? Which legal documents can I find the information? Thank you!

Xuan Thanh (xuanthanh*****@gmail.com)

Answer:

Pursuant to Article 112 of the Law on Marriage and Family in 2014, in case they no longer have parents or their parents have no working capacity and no property to support their children, adult elder siblings who do not live together with their younger siblings have the obligation to support their minor siblings who have no property to support themselves or adult younger siblings who have no working capacity and no property to support themselves; adult younger siblings who do not live together with their elder siblings have the obligation to support their elder siblings who have no working capacity and no property to support themselves.

In addition, the Law on Marriage and Family in 2014 also promulgates following support obligation as follows:

- Parents who do not live with their children or live with their children but violate the support obligation have the obligation to support minor children and adult children who have no working capacity and no property to support themselves.

- Adult children who do not live with their parents have the obligation to support their parents who have no working capacity and no property to support themselves.

- In case they no longer have parents or their parents have no working capacity and no property to support their children, adult elder siblings who do not live together with their younger siblings have the obligation to support their minor siblings who have no property to support themselves or adult younger siblings who have no working capacity and no property to support themselves; adult younger siblings who do not live together with their elder siblings have the obligation to support their elder siblings who have no working capacity and no property to support themselves.

- Paternal grandparents and maternal grandparents who do not live with their grandchildren have the obligation to support their minor grandchildren or their adult grandchildren who have no working capacity, no property to support themselves and have no one to support them as prescribed in Article 112 of this Law.

- Adult grandchildren who do not live together with their paternal grandparents and maternal grandparents have the obligation to support their paternal grandparents and maternal grandparents who have no working capacity, no property to support themselves and have no one else to support them as prescribed by this Law.

- Aunts, uncles who do not live with their nieces, nephews have the obligation to support their minor nieces, nephews or their adult nieces, nephews who have no working capacity, no property to support themselves and have no one else to support them as prescribed by this Law.

- Adult nieces, nephews who do not live with their aunts, uncles have the obligation to support their aunts, uncles who have no working capacity, no property to support themselves and have no one else to support them as prescribed by this Law.

- When divorced, if the party facing financial difficulties requests maintenance for plausible reasons, the other party has the obligation to provide maintenance according to his/her ability.

Please refer to the Law on Marriage and Family in 2014 for further information.

Is it permissible to sue the lover for child support in Vietnam?

I am in a relationship with a man for 2 years. I was pregnant but the father of the baby did not accept and refused to marry me. After raising a child for 4 months, their family gave 500 thousand VND, and demanded to take the baby to their home. I didn't agree, so they threatened, and beat me. The baby was born with the mother's last name. Now, I want the father to support my child as it's very difficult for me to work after giving birth. He denies the child and support. What sould I do?

Answer:

Pursuant to Article 68 of the Law on Marriage and Family in 2014, children who are born regardless of their parents’ marital status all have the same rights and obligations toward their parents prescribed in this Law, the Civil Code and other relevant laws.

All agreements between parents and children related to personal and property relations must not harm the lawful rights and interests of minor children, adult children who have lost their civil act capacity or have no working capacity and no property to support themselves and parents who have lost their civil act capacity or have no working capacity and no property to support themselves.

Pursuant to Article 110 of the Law on Marriage and Family in 2014, parents who do not live with their children or live with their children but violate the support obligation have the obligation to support minor children and adult children who have no working capacity and no property to support themselves.

Thus: Based on the above provisions, it can be determined that the current law does not discriminate between parents having a marriage relationship as prescribed by law (with marriage registration) or not. If a child is identified as a common child, both parents have the obligation to raise and take care of the child according to the provisions of law.

Therefore: In case your child is determined to be the child of the man you have been in relationship for the other 2 years, that man is obliged to raise and take care of the common child. In case that man cannot directly raise and take care of the child, he must have the obligation to support the child in accordance with the provisions of law.

The specific level of support will be mutually agreed upon by you and the man based on the income, actual ability of the person with the support obligation and the man's essential needs; If no agreement can be reached, you may reach the Court to settle.

However, according to the information you provided to us, this man refused to accept the child and did not pay support for the child, so you can sue that man to the People's Court where that man is residing to be resolved according to jurisdiction.

Best regards!