The Supreme People's Court provides guidelines on regulations regarding child support obligations from July 1, 2024

Supreme People's Court of Vietnam guides regulations on child support obligations effective from July 1, 2024

The Supreme People's Court of Vietnam guides the regulations on child support obligations stipulated in Clause 2, Article 82 of the Law on Marriage and Family 2014 as follows:

- In cases where the person directly raising the child does not request child support from the person not directly raising the child, the Court shall explain to them that the purpose of requesting child support is to protect the legitimate rights and interests of the child. If it is deemed that the person directly raising the child has the ability and conditions to raise the child, and their decision not to request support is voluntary, the Court shall not compel the other party to provide child support.

- Child support payments encompass all expenses for the upbringing and education of the child and are agreed upon by the parties. In cases where the parties cannot reach an agreement, the Court will decide the amount of support based on the income, actual capacity of the person obligated to provide support, and the essential needs of the recipient. The amount of support determined by the Court shall not be less than half of the regional minimum monthly wage at the place where the supporter resides for each month per child.

- If the parties cannot agree on the method of support, the Court will decide on a monthly support method or another method appropriate to the needs and interests of the child and the financial conditions of the supporter.

- The obligation of parents to support their minor children, adult children who are unable to work, and do not have the means to support themselves arises from the time the parents do not live with the child or live with the child but violate their duty to care for the child unless otherwise agreed upon by the parties.

More details can be found in Resolution 01/2024/NQ-HDTP which takes effect from July 1, 2024.

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