Cases of termination of support obligation in Vietnam

Regulations on support obligations in Vietnam

Pursuant to the provisions of the Law on Marriage and Family 2014, 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 the Law on Marriage and Family 2014.

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 the Law on Marriage and Family 2014, courts shall compel these persons to perform the support obligation in accordance with the Law on Marriage and Family 2014.

In case a person has the obligation to support many persons, the supporting person and supported .persons shall reach agreement on methods and levels of support suitable to the actual income and ability of the supporting person and essential needs of supported persons; if failing to reach agreement, they may request a court to settle it.

In case many persons have the obligation to support one person or many persons, they shall agree mutually upon methods and levels of contribution suitable to the actual income and ability of each supporting person and the essential needs of the supported person(s); if they fail to reach agreement, they may request a court to settle it.

The support level shall be agreed upon by the person with the support obligation and the supported person or the latter’s guardian on the basis of the actual income and ability of the person with the support obligation and the essential needs of the supported person; if they fail to reach agreement, they may request a court to settle it. When there is a plausible reason, the support level may change. The change of the support level shall be agreed upon by the parties; if they fail to reach agreement, they may request a court to settle it.

Support may be provided on a monthly, quarterly, biannual, annual or one-off basis. In case the person with the support obligation falls into a difficult financial circumstance, thus being unable to perform his/her support obligation, the parties may reach agreement to change the method of support or temporarily cease the support; if they fail to reach agreement, they may request a court to settle it.

Cases of termination of support obligation in Vietnam (Internet image)

Cases of termination of support obligation in Vietnam

Pursuant to the provisions of Article 118 of theLaw on Marriage and Family 2014, the support obligation shall terminate in the following cases:

- The supported person is an adult and has the ability to work or has property to support himself;

- The person receiving support is adopted;

- The support person has directly nurtured the supported person;

- The support person or the person receiving the support dies;

- The party receiving support after the divorce is married;

- Other cases as prescribed by law.

Persons having the right to request performance of the support obligation in Vietnam

Pursuant to Article 119 of the Law on Marriage and Family 2014, the supported person, his/her parent or guardian has the right in accordance with the civil procedure law to request a court to force the person who fails to voluntarily perform the support obligation to perform such obligation.

The following individuals, agencies or organizations have the right in accordance with the civil procedure law to request a court to force the person who fails to voluntarily perform the support obligation to perform such obligation:

- Next of kin;

- State management agencies in charge of families;

- State management agencies in charge of children;

- Women’s unions.

Other individuals, agencies and organizations have the right, when detecting acts of shirking the performance of the support obligation, to request the agencies or organizations prescribed at Points b, c and d, Clause 2 of this Article to request a court to force the people who fail to voluntarily perform the support obligation to perform such obligation.

Mai Thanh Loi

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