Cases of restrictions on parents’ rights toward their minor children in Vietnam

Cases of restrictions on parents’ rights toward their minor children in Vietnam (Internet image)

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

1. Cases of restrictions on parents’ rights toward their minor children in Vietnam

According to Article 85 of the Law on Marriage and Family 2014, a parent shall have his/her rights toward a minor child restricted when:

- He/she is convicted of one of the crimes of intentionally infringing upon the life, health, dignity or honor of this child or commits acts of seriously breaching the obligations to look after, care for, raise and educate children;

- He/she disperses property of the child;

- He/she leads a depraved life;

- He/she incites or forces the child to act against law or social ethics.

On ạ case-by-case basis, a court shall itself, or at the request of the persons, agencies or organizations prescribed in Article 86 of the Law on Marriage and Family 2014, issue a decision disallowing a parent to look after, care for and educate a child or manage the child’s own property or act as the child’s representative at law for between 1 and 5 years. The court may consider shortening this period of time.

2. Persons entitled to request a court to restrict a parent’s rights toward a minor child in Vietnam in Vietnam

Pursuant to Article 86 of the Law on Marriage and Family 2014, persons entitled to request a court to restrict a parent’s rights toward a minor child are as follows:

- A parent or guardian of a minor child has, as prescribed by the civil procedure law, the right to request a court to restrict a parent’s rights toward this child.

- The following persons, agencies and organizations have, as prescribed by the civil procedure law, the right to request a court to restrict a parent’s rights toward a minor child:

+ Next of kin;

+ The state management agency in charge of families;

+ The state management agency in charge of children;

+ The women’s union.

- When detecting a parent committing violations of Clause 1, Article 85 of the Law on Marriage and Family 2014, other persons, agencies and organizations have the right to request the agencies and organizations prescribed at Points b, c and d, Clause 2 of Article 86 of the Law on Marriage and Family 2014 to propose a court to restrict this parent’s rights toward the minor child.

3. Legal consequences of restriction on parents’ rights toward their minor children in Vietnam

According to Article 87 of the Law on Marriage and Family 2014, the legal consequences of restriction on parents’ rights toward their minor childre are as follows:

- When a parent has his/her rights toward a minor child restricted by a court, the other parent shall exercise the rights to look after, raise, care for and educate this child, manage the child’s own property and acts as the child’s representative at law.

- A guardian shall be assigned to look after, care for and educate a minor child and manage the child’s own property in accordance with the Civil Code and the Law on Marriage and Family 2014 in the following cases:

+ Both parents have their rights toward the minor child restricted by a court;

+ The parent who does not have his/her rights toward the minor child restricted does not have sufficient conditions to perform the rights and obligations toward the child;

+ A parent has the rights toward the minor child restricted and the other parent of the child has not been identified yet.

- A parent who has the rights toward a minor child restricted by a court shall still perform the obligation to support this child.

Ho Quoc Tuan

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