Who has the right to request performance of the support obligation in Vietnam?

 Who has the right to request performance of the support obligation in Vietnam? (Internet image) 

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

1. What is support obligation?

Pursuant to Article 107 of the Law on Marriage and Family 2014, provisions on support obligations are as follows:

- 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 this Law.

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

2. Who has the right to request performance of the support obligation in Vietnam?

Specifically, Article 119 of the Law on Marriage and Family 2014 stipulates that persons having the right to request performance of the support obligation include:

- 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

According to Article 116 of the Law on Marriage and Family 2014, the support level 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 in Vietnam

Support method is prescribed in Article 117 of the Law on Marriage and Family 2014 as follows:

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. Cases of termination of support obligation in Vietnam

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.

(Article 118 of the Law on Marriage and Family 2014)

Ho Quoc Tuan

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