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

Legal consequences of restriction on parents’ rights toward their minor children in Vietnam (Internet image) 

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

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

 Legal consequences of restriction on parents’ rights toward their minor children according to Article 87 of the Law on Marriage and Family 2014 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.

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

Persons entitled to request a court to restrict a parent’s rights toward a minor child according to Article 86 of the Law on Marriage and Family 2014 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. Regulations on change of the person directly raising children after divorce in Vietnam

Regulations on change of the person directly raising children after divorce according to Article 84 of the Law on Marriage and Family 2014 are as follows:

- At the request of a parent or a person or an organization prescribed in Clause 5 of Article 84 of the Law on Marriage and Family 2014, a court may decide to change the person directly raising a child.

- Change of the person directly raising a child shall be settled when there is one of the following grounds:

+ The parents agrees on change of the person directly raising a child in the interests of this child;

+ The person directly raising the child no longer has sufficient conditions to directly look after, care for, raise and educate the child.

- Upon change of the person directly raising a child aged full 7 or older, this child’s desire shall be taken into account.

- When seeing that both parents fail to have sufficient conditions to directly raise a child, a court shall decide to assign this child to a guardian in accordance with the Civil Code.

- When there is the ground prescribed at Point b, Clause 2 of Article 84 of the Law on Marriage and Family 2014, in the interests of a child, the following persons, agencies or organizations have the right to request change of the person directly raising this child:

+ Next of kin;

+ The state management agency in charge of families;

+ The state management agency in charge of children;

+ The women’s union.

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