Resolution 01/2024/NQ-HDTP: Guidance on regulations on restrictions on parents’ rights toward their minor children in Vietnam

Resolution 01/2024/NQ-HDTP: Guidance on regulations on restrictions on parents’ rights toward their minor children in Vietnam (Internet image)

The Council of Judges of Supreme People's Court passed Resolution 01/2024/NQ-HDTP dated April 24, 2024, guiding the application of certain legal regulations on resolving marriage and family cases in Vietnam.

Resolution 01/2024/NQ-HDTP: Guidance on regulations on restrictions on parents’ rights toward their minor children in Vietnam

According to Article 8 of Resolution 01/2024/NQ-HDTP, the regulations on restrictions on parents’ rights toward their minor children specified in Article 85 of the Law on Marriage and Family are guided as follows:

- “convicted of one of the crimes of intentionally infringing upon the life, health, dignity or honor of this child” means that a parent has been sentenced by a court with a legally effective sentence to a crime under Chapter XIV of the Criminal Code 2015 against a minor child with intent.

For example: A parent has been sentenced by a court with a legally effective sentence to “Deliberate infliction of bodily harm” under Article 134 of the Criminal Code 2015 against a minor child.

- “Commits acts of seriously breaching the obligations to look after, care for, raise and educate the child” means the failure to fulfill or the improper and incomplete fulfillment of the obligation to look after, care for, raise and educate the child, causing serious harm to the child's legitimate rights and interests or impairing the child's overall development.

For example: A parent abandons a minor child to fend for themselves or has no financial capacities to support themselves, leading the child to commit theft.

- “disperses property of the child” means buying, selling, gifting, destroying or other acts that damage the child's property without for the benefit of the child.

- “leads a depraved life” means a vile, evil, corrupt lifestyle that is contrary to the good customs and traditions of the nation.

For example: A parent engages in prostitution.

- “incites or forces the child to act against law or social ethics” means the act of inciting, seducing, promoting, or forcing the child by words, gestures, or any means, leading the child to commit illegal and immoral acts.

For example: instigation, coercion leading to the child dropping out of school, theft, fraud, illegal transportation of drugs.

- The Court may, on its own initiative or at the request of an individual, agency, or organization, issue a decision to restrict the rights of parents in relation to a minor child, in specific:

+ Prohibit a parent from caring for, raising, and educating their minor child if the parent has engaged in any acts outlined in Clauses 1, 2, 4 and 5 of Article 8 of Resolution 01/2024/NQ-HDTP;

+ Prohibit a parent from managing their minor child's property if the parent has engaged in any acts outlined in Clause 3 of Article 8 of Resolution 01/2024/NQ-HDTP;

+ Prohibit a parent from legally representing their minor child if the parent has engaged in any acts outlined in Clauses 1, 2, 3, 4 and 5 of Article 8 of Resolution 01/2024/NQ-HDTP.

- The Court may shorten the period of restriction of parental rights in relation to a minor child if the parent has completed at least half of the restriction period as determined by the Court and during the restriction period, the parent has not engaged in any of the acts specified in Clauses 1, 2, 3, 4, and 5 of Article 8 of Resolution 01/2024/NQ-HDTP.

Resolution 01/2024/NQ-HDTP was passed by the Council of Judges of Supreme People's Court on April 24, 2024 which will take effect on July 1, 2024.

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