In the context of globalization, international marriages are becoming increasingly common, particularly concerning the maintenance obligations of foreigners for their Vietnamese children. This raises several legal issues. Therefore, understanding the legal regulations related to maintenance obligations in these cases is crucial for protecting the interests of all parties involved. This article provides an overview of Vietnamese legal regulations concerning the maintenance obligations of foreigners for Vietnamese children.
Foreign Maintenance Obligations under Vietnamese Law
According to Article 129 of the 2014 Marriage and Family Law, foreign maintenance obligations are governed by the law of the country where the maintenance requester resides. If the requester does not reside in Vietnam, the law of the country of which the requester is a citizen will apply.
The competent authority to resolve maintenance requests is the authority of the country where the requester resides.
Additionally, according to Article 119 of the Marriage and Family Law, those entitled to request maintenance include:
- The parent directly raises the child.
- The child’s guardian.
- The spouse after divorce.
- Individuals, agencies, or organizations authorized by law.
Who is Obligated to Provide Maintenance?
According to Clause 2, Article 82 of the 2014 Marriage and Family Law, parents who do not directly raise the child are obligated to provide maintenance. Therefore, after divorce, parents who do not directly raise the child must fulfill their maintenance obligations.
Who is Entitled to Receive Maintenance under Vietnamese Law?
Article 110 of the 2014 Marriage and Family Law stipulates that those entitled to receive maintenance include:
- Minor children.
- Adult children who are incapable of working and do not have assets to support themselves.
- After divorce, parents who do not directly raise the child are obligated to provide maintenance according to the law.
Determining the Amount of Maintenance for Foreigners
Current laws do not specify the exact amount of maintenance. Instead, this amount is determined by agreement between the parties based on:
- The income and actual ability of the person obligated to provide maintenance.
- The essential needs of the person receiving maintenance.
If an agreement cannot be reached, the court will decide. With valid reasons, the amount of maintenance may be adjusted according to the agreement or the court’s request.
Methods of Performing Maintenance Obligations
According to Article 117 of the 2014 Marriage and Family Law, maintenance obligations can be performed on a monthly, quarterly, semi-annual, or annual basis, or as a lump sum.
If the person obligated to provide maintenance faces economic difficulties, the parties can agree to change the method of maintenance or temporarily suspend it. If no agreement can be reached, the court will decide on an appropriate method.
Timing and Termination of Foreign Maintenance Obligations
Timing of Maintenance
The 2014 Marriage and Family Law does not specify the exact start date for maintenance obligations. However, according to Clause 1, Article 482 of the 2015 Civil Procedure Code, maintenance obligations are to be enforced from the date the court records the voluntary divorce or the date of the judgment.
Termination of Maintenance Obligations
According to Article 118 of the 2014 Marriage and Family Law, maintenance obligations terminate in the following cases:
- When the person receiving maintenance becomes an adult and can work or assets to support themselves;
- If the person receiving maintenance is adopted;
- If the person obligated to provide maintenance directly raises the person receiving maintenance;
- Upon the death of the person obligated to provide maintenance or the person receiving maintenance;
- When the person receiving maintenance remarries after divorce;
- Other cases as prescribed by law.
Frequently Asked Questions (FAQs):
Do foreigners have to provide maintenance for Vietnamese children?
Yes, according to Vietnamese law, foreigners are required to provide maintenance for Vietnamese children if they do not directly raise the child after a divorce or if they live with the child but fail to fulfil their maintenance obligations.
How is the amount of maintenance determined?
The amount of maintenance is agreed upon by the parties based on the income and financial ability of the maintenance provider, as well as the essential needs of the child. If an agreement cannot be reached, the court will decide on an appropriate amount.
Can the amount of maintenance be adjusted after the agreement?
Yes, if there are valid reasons such as changes in income, financial capability, or the child’s needs, the parties can agree to adjust the amount of maintenance or request the court to decide.
What methods can be used to perform maintenance obligations?
Maintenance obligations can be performed monthly, quarterly, semi-annually, annually, or as a lump sum, depending on the agreement between the parties or the court’s decision.
When do maintenance obligations end?
Maintenance obligations end when the child becomes an adult and is capable of supporting themselves if the child is adopted, if the maintenance provider directly raises the child, or if either the maintenance provider or the child dies. They can also end according to the parties’ agreement.
What should be done if a parent fails to fulfil their maintenance obligations?
If the person obligated to provide maintenance does not fulfil their obligations, the entitled party can file a lawsuit in court to enforce the maintenance obligations according to the law.
Can foreigners request a reduction or exemption from maintenance obligations?
Yes, foreigners can request a reduction or exemption from maintenance obligations if they provide valid reasons such as severe economic hardship, loss of ability to work, or other special circumstances.
Conclusion: Understanding the legal regulations concerning foreign maintenance obligations for Vietnamese children is crucial for protecting the rights of all parties involved and minimizing disputes. If you are facing difficulties in fulfilling maintenance obligations, do not hesitate to contact us for detailed legal advice and support.
- Harley Miller Law Firm “HMLF”
- Address: 14th floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
- Phone: +84 937215585
- Website: hmlf.vn
- Email: miller@hmlf.vn
