Cases of termination of support obligation in Vietnam

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

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

1. Cases of termination of support obligation in Vietnam

According to Article 118 of the Law on Marriage and Family 2014, the support obligation shall terminate in the following cases:

- The supported person has become adult and has working capacity or property to raise himself or herself;

- The supported person is adopted;

- The supporting person directly raises the supported person;

- The supporting or supported person dies;

- The supported person re-marries after divorce;

- Other cases prescribed by law.

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

 Persons having the right to request performance of the support obligation according to Article 119 of the Law on Marriage and Family 2014 as follows:

- 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 Article 119 of the Law on Marriage and Family 2014 to request a court to force the people who fail to voluntarily perform the support obligation to perform such obligation.

3. Support level in Vietnam

Support level according to Article 116 of the Law on Marriage and Family 2014 is as follows:

- 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.

4. Support method

According to Article 117 of the Law on Marriage and Family 2014, 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.

5. Obligations and rights of parents in Vietnam

Obligations and rights of parents according to Article 69 of the Law on Marriage and Family 2014 are as follows:

- To love, and respect opinions of, their children; to attend to the study and education of their children to ensure their healthy physical, intellectual and moral development in order to become dutiful children of the family and useful citizens of the society.

- To look after, raise, care for, and protect the lawful rights and interests of their minor children and adult children who have lost their civil act capacity or have no working capacity and no property to support themselves.

- To act as the guardian of or represent in accordance with the Civil Code their minor children or adult children who have lost their civil act capacity.

- Not to discriminatorily treat their children due to their gender or the marital status of the parents; not to abuse the labor of their minor children or adult children who have lost their civil act capacity or have no working capacity; not to incite or force their children to act against law or social ethics.

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