Who has obligation to provide support for children when spouses divorce in Vietnam?

Who has obligation to provide support for children when spouses divorce in Vietnam?

According to the provisions of Clause 24, Article 3 of the Law on Marriage and Family 2014, 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.

When spouse divorces, in addition to terminating their relationship, they also resolve the division of assets, custody, upbringing, care, and education of their children. If an agreement can be reached, the agreement will be implemented; if no agreement can be reached, the matter will be resolved by the Court.

Regarding child support, Clause 2, Article 82 of the Law on Marriage and Family 2014 stipulates:

Obligations and rights of the parent who does not directly raise children after divorce

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.

Thus, the person who supports the child when the spouse divorces is the person who does not directly raise the child and has the obligation to support the child in Vietnam.

Who has obligation to provide support for children when spouses divorce in Vietnam? (Image from the Internet)

In what cases will avoidance of obligation to provide child support after divorce be criminally prosecuted 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 the following cases:

- Having the actual ability to provide support to the person to whom one has the obligation to provide support but fails to do so.

- Avoiding the obligation to support the child puts his or her life and health in danger.

- Having incurred an administrative penalty for avoidance of support obligations but continues to violate them.

Note: This regulation does not apply to cases of criminals not serving sentences (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 - 24 months depending on the severity of the violation in Vietnam.

In what cases can child support obligations be terminated after divorce in Vietnam?

Pursuant to Article 118 of the Law on Marriage and Family 2014, which stipulates termination of support obligation:

Termination of support obligation

The support obligation shall terminate in the following cases:

1. The supported person has become adult and has working capacity or property to raise himself or herself;

2. The supported person is adopted;

3. The supporting person directly raises the supported person;

4. The supporting or supported person dies;

5. The supported person re-marries after divorce;

6. Other cases prescribed by law.

Thus, the obligation to support children after divorce terminates in Vietnam in the following cases:

- The supported person has become adult and has working capacity or property to raise himself or herself;

- The supported person is adopted;

- The supporting person directly raises the supported person;

- The supporting or supported person dies;

- The supported person re-marries after divorce;

- Other cases as prescribed by law.

Best regards!