REGULATIONS ON CHILD SUPPORT AFTER DIVORCE IN VIETNAM
Contents
1. Legal Basis
In Vietnam, post-divorce child support is regulated under the Law on Marriage and Family 2014 and its guiding decrees. Parents are obligated to provide for their children materially, support their education, daily living, and healthcare.
2. Obligors and beneficiaries
The obligor is the parent who does not live with the child after divorce. This obligation exists even if the parents no longer maintain a harmonious relationship. Beneficiaries include:
- Children under 18 years of age.
- Adult children who cannot support themselves due to illness, disability, or lack of assets and ability to work.
Example: If Mr. A and Ms. B divorce and their 12-year-old child lives with the mother, Mr. A must pay monthly child support to ensure the child’s living, educational, and healthcare needs are met. Costs for medical treatment or extracurricular education must also be considered.
3. Determining the amount of support
Child support amounts are based on mutual agreement or, if no agreement is reached, determined by the Court. Factors considered include:
- Income and payment capacity of the obligor, including salary, business profits, or other sources of income.
- Actual needs of the child, covering food, education, healthcare, and daily living expenses.
- Special expenses, such as tuition fees, learning materials, long-term medical care, or extracurricular activities.
Example: Parents agree that the father pays VND 3 million per month. If his income decreases or he loses his job, the parties may negotiate an adjustment or temporary suspension. If no agreement is reached, the Court decides a reasonable amount based on both parties’ circumstances.
4. Forms of child support
Child support may be provided periodically or as a lump sum.
- Periodic payments may be made monthly, quarterly, semi-annually, or annually. For example, the father deposits 2 million VND into the child’s mother’s account each month to cover living and educational expenses.
- A lump-sum payment is used when the father or mother has substantial financial capacity, allowing them to pay the full amount required for multiple years at once. For example, the father may make a one-time payment of 50 million VND to cover the child’s educational expenses for five years.
The parties may agree on a suitable form of child support; however, if no agreement is reached, the Court will determine the form of support based on the payer’s financial capacity and the child’s actual needs.
5. Modification of support
The amount of child support is not fixed and can be adjusted when circumstances change. For example, if the payer’s income changes significantly, the child’s needs increase due to tuition or medical expenses, or family circumstances change, such as the child requiring long-term treatment for a serious illness. Adjustments to the child support amount may be based on an agreement between the parents. If no agreement is reached, the Court will determine an appropriate amount to ensure the child’s rights are protected without causing undue hardship to the payer.
6. Suspension of support
Pursuant to Article 117 of the 2014 Law on Marriage and Family, child support may be temporarily suspended if the obligor experiences financial hardship and is unable to fulfill the support obligation. If the parties cannot reach an agreement, the matter can be submitted to the Court for resolution. Once circumstances improve, child support will be reinstated at the previous amount or at a new amount as agreed upon by the parties or determined by the Court. This mechanism balances the rights of both the payer and the recipient while ensuring that the child does not suffer prolonged deprivation.
7. Handling violations of child support obligations
A person who fails to fulfill their child support obligation may be subject to legal sanctions. Under administrative law, they may be fined from VND 5 million to VND 10 million or compelled to fulfill the obligation immediately. Under criminal law, if the individual willfully evades the obligation and causes serious consequences, they may face corrective labor or imprisonment of up to 2 years in accordance with the Penal Code. For example, if a father fails to pay child support for six consecutive months, the mother may request the Court to enforce compliance and impose penalties, while ensuring that the child’s rights and interests are protected.
8. Time limit for handling violations
Pursuant to the Law on Handling Administrative Violations 2012 (amended 2020), the statute of limitations for administrative sanctions in marriage and family matters is one year from the date the violation is discovered. After this period, administrative enforcement is no longer effective; however, civil remedies may still be applied to compel fulfillment of child support obligations. If the violation continues (for example, ongoing evasion of child support), the limitation period is calculated from the date the violating conduct ceases. This framework helps protect the rights and interests of the child and prevents prolonged evasion of responsibility, ensuring stability in the child’s life and education.
9. Conclusion
Post-divorce child support is mandatory and plays a crucial role in protecting the rights and interests of the child. Fulfilling this obligation not only complies with the law but also reflects the responsibility and care of the parents, helping the child maintain a stable life, pursue education, and develop well, while also fostering a healthy family environment even after divorce.
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