Child support obligation in Vietnam

Hi DMS Attorneys in Vietnam! I am an expat living in Vietnam. I and my ex-girlfriend have a common child but we were not married. My child does not live with me. I have to pay child support to my ex-girlfriend (the custodial parent of my child). Could you advise me about support obligation, level of child support obligation ? 

Hi!

Support obligation:

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 a person having the support obligation evades this obligation, at the request of the persons, agencies or organizations prescribed in Article 119 of this Law, courts shall compel that person to perform the support obligation in accordance with this Law.

Support obligation of parents toward children:

Parents who do not live with their children or live with their children but violate the custody obligation have the obligation to support minor children and adult children who have no working capacity and no property to support themselves.

Support level:

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 sound 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.

Support method:

Support may be provided on a monthly, quarterly, semi-annual, 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.

Support obligation involving foreign elements:

The support obligation must comply with the law of the country where the requester for support resides. In case the requester for support has no place of residence in Vietnam, the law of the country of his/her citizenship shall apply.

Agencies competent to settle written requests for support of the persons prescribed in Clause 1 of this Article are agencies of the country of residence of the requester.

Legal bases:

Articles 107,110, 116, 117 and 129 Law on Marriage and family No. 52/2014/QH13 dated June 19, 2014.

Related topics:

Identification of parents and children involving foreign elements in Vietnam

Common property of husband and wife during the marriage period

Time limit for divorce involving foreign elements in Vietnam

Property division between husband and wife upon divorce in Vietnam

Consulting services:

Phone: 0914 165 703 or Email: dmslawfirm@gmail.com

Child support obligation in Vietnam