Guidance on resolving child support obligations upon divorce in Vietnam under Resolution 01/2024/NQ-HDTP

Guidance on resolving child support obligations upon divorce in Vietnam under Resolution 01/2024/NQ-HDTP (Internet image)

Regarding this matter, LawNet would like to answer as follows: 

On May 16, 2024, the Council of Judges of the Supreme People's Court issued Resolution 01/2024/NQ-HDTP on guidelines for application of certain legal regulations on resolving marriage and family cases in Vietnam.

Guidance on resolving child support obligations upon divorce in Vietnam under Resolution 01/2024/NQ-HDTP

Child support obligations specified in Clause 2, Article 82 of the Law on Marriage and Family 2014 has been guided by Resolution 01/2024/NQ-HDTP to resolve as follows:

(i) If the custodial parent does not request child support from the non-custodial parent, the Court shall inform them that such a request is essential to safeguard the child's legitimate rights and interests. If the court determines that the custodial parent has the financial capacity and resources to provide for the child's needs, and their decision to forego child support is voluntary, the Court shall not compel the non-custodial parent to pay child support.

(ii) Child support shall cover all expenses for the child's upbringing and education, as agreed upon by both parents. If the parents cannot agree, the Court will determine the child support amount based on the paying parent's income, ability to pay child support, and the child's essential needs. The court-determined child support amount cannot be less than half of the minimum regional wage in the paying parent's place of residence, per month, for each child.

(iii) If the parties cannot agree on the method of child support payment, the Court shall determine the method as either monthly payments or another method that is appropriate for the child's needs and interests, as well as the financial circumstances of the parent obligated to pay child support.

(iv) The obligation of parents to provide child support for their minor children or adult children who are legally incapacitated, unable to work and do not have the property to support themselves arises from the time the parents no longer live together with the children or live together with the children but violate their obligation to support the child, except where the parties have agreed otherwise.

(Article 7 of Resolution 01/2024/NQ-HDTP)

More details can be found in Resolution 01/2024/NQ-HDTP, which comes into force from July 1, 2024.

Obligations and rights of the parent who does not directly raise children after divorce in Vietnam under the Law on Marriage and Family 2014

Pursuant 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

- 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.

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

- 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.

Basis for change of the person directly raising children after divorce in Vietnam

At the request of a parent or a person (next of kin) or an organization (the state management agency in charge of families; the state management agency in charge of children; the women’s union), a court may decide to change the person directly raising a child.

The change of the person directly raising a child shall be settled when there is one of the following grounds:

- 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.

(Article 84 of the Law on Marriage and Family 2014)

Tran Thi Nam Phuong

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