What is support? Regulations on support obligations in Vietnam

Hi Lawnet I have the following question: What are regulations on support obligation? Who will be obligated to support whom? - Minh Thanh (Vinh Long, Vietnam)


What is support? Regulations on support obligations in Vietnam (Source: Internet)

1. What is support?

According to Clause 24, Article 3 of Vietnam's 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 in accordance with the regulations

2. Regulations on support obligations

2.1. Support obligations

Support obligations under Article 107 of Vietnam's Law on Marriage and Family 2014 are as follows:

- The support obligation shall be performed between parents and children; among siblings; between paternal grandparents, maternal grandparents and grandchildren; between aunts, uncles and nieces, nephews; and between husband and wife in accordance with this Law.

The support obligation can be neither replaced by another obligation nor transferred to other people.

- In case persons having the support obligation shirk this obligation, at the request of the persons, agencies or organizations prescribed in Article 119 of this Law, courts shall compel these persons to perform the support obligation in accordance with this Law.

2.2. Support obligation of parents toward children

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.

(Article 110 of Vietnam's Law on Marriage and Family 2014)

2.3. Support obligation of children toward parents

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.

(Article 111 of Vietnam's Law on Marriage and Family 2014)

2.4. Support obligation among siblings

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.

(Article 112 of Vietnam's Law on Marriage and Family 2014)

2.5. Support obligation between paternal grandparents, maternal grandparents and grandchildren

- 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 Section 4.3

- 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 in accordance with the regulations

(Article 113 of Vietnam's Law on Marriage and Family 2014)

2.6. Support obligation among aunts, uncles and nieces, nephews

-  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.

(Article 114 of Vietnam's Law on Marriage and Family 2014)

2.7. Maintenance obligation between husband and wife after divorce

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.

(Article 115 of Vietnam's Law on Marriage and Family 2014)

Quoc Dat

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