How much is the administrative penalty for failure to fulfill the child-rearing obligation according to the provisions of Vietnamese law?
“Hello, Lawyer. My husband and I have been married for 3 years. Family feelings have been turbulent, lately, he often does not come home, and does not care about the children. Money for living expenses for the family is good. I would like to ask that in this case, how much is the administrative penalty for not fulfilling the child support obligation?”. Thank you for your question. For more clarification on this, today, LSX Lawfirm will give you an article about “How much is the administrative penalty for failure to fulfill the child-rearing obligation according to the provisions of Vietnamese law?“, as follows:
Legal grounds
- Law on Marriage and Family 2014
- Decree 130/2021/ND-CP
What does nurturing mean?
Nurturing is the act of a person taking care of and providing necessary things for another person (the nurtured person) in order to create conditions to maintain and develop that person’s life.
The Law on Marriage and Family stipulates that parents and children, grandparents and grandchildren, brothers and sisters have the obligation to take care of each other when one party is underage, sick, disabled, or has lost civil act capacity. unable to work and have no assets to support themselves. Persons with the obligation to nurture but do not live together with the fostered or evade the performance of the nurturing obligation must have support obligations.
Some rights and obligations of parents in raising and taking care of their children
According to Article 69 of the Law on Marriage and Family 2014, the obligations and rights of parents are as follows:
– Love children, respect their opinions; take care of their studies and education so that their children can develop healthily physically, intellectually, and morally, become filial children of the family and useful citizens of society.
- Look after, raise, care for and protect the lawful rights and interests of minor children and adult children who have lost their civil act capacity or have no working capacity and have no property to support themselves.
- Guardianship or representative under the provisions of the Civil Code for minor children, adult children who have lost their civil act capacity.
– Not to discriminate against children on the basis of gender or the marital status of parents; must not abuse the labor power of minor children or adult children who have lost their civil act capacity or are unable to work; must not incite or force their children to do illegal or unethical activities.
What are parents’ rights and obligations to raise and take care of children?
According to Article 71 of the Law on Marriage and Family 2014, the obligations and rights to care and nurture are as follows:
Parents have equal obligations and rights to jointly care for and raise their minor children and adult children who have lost their civil act capacity or have no working capacity and have no property to support themselves. me.
Children have the obligation and right to care for and nurture their parents, especially when their parents lose their civil act capacity, are sick, old, or disabled; In case a family has many children, the children must jointly care for and raise their parents.
How much is the administrative penalty for not performing the child support obligation?
Parents who fail to fulfill their child-rearing obligations may administratively sanctioned according to the provisions of Clause 1, Article 21 of Decree 130/2021/ND-CP on sanctioning of administrative violations on sponsorship and relief. society and protect and care for children as follows:
“Article 21. Violations against regulations on child care and rearing
- A fine of between VND 10,000,000 and 15,000,000 shall imposed for one of the following acts:
a) Parents and caregivers of children not fully performed their obligations and responsibilities in the care and upbringing of children, except for cases of forced to temporarily isolate the children or children cared for. substitute in accordance with the law;
b) Parents and caregivers of children do not care for and nurture children, fail to perform their obligations and responsibilities in caring for and raising children, or leave children to live on their own. break emotional and material ties with children or force children not to live with their families, except in cases where the child forced to temporarily isolate the child or the child is in alternative care as prescribed by law.
- A fine ranging from VND 20,000,000 to VND 25,000,000 shall imposed on parents or caregivers of children who intentionally abandon children.”
Accordingly, if the child’s parents fail to perform their obligations and responsibilities in taking care of and raising the child, they may be subject to a fine of between 10 million and 15 million. The fine level for violating organizations is twice the fine level for individuals as prescribed in Clause 2, Article 5 of Decree No. 130/2021/ND-CP.
What factors affect the level of child support?
The first factor affecting the determination of the child support level is the income of the person with the support obligation; usually, decisions on alimony are in the Provincial Courts; the city is higher than the buildings in the less developed locality. Because caregivers in other localities have better income.
The second factor is the child’s living conditions. How was life before the divorce; After a divorce and a change of direct adopter, the child’s life may be lower, but it cannot change 180 degrees.
The last factor the age of the child supported. For each different age, a different amount of money will needed for different things;…
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Related questions
When falling into one of the following cases; then the supporter is not obligated to support:
Firstly, The supported person is an adult and has the ability to work or has the property to support himself;
Secondly, The person receiving support is adopted as a child;
Thirdly, The support person has directly nurtured the supported person;
Then The support person or the person receiving the support dies;
Finally, The party receives support after the divorce is married;
Other cases as prescribed by law.
Parents have equal obligations and rights to jointly care for and raise their minor children and adult children who have lost their civil act capacity or are unable to work and have no property to support themselves then.
So Children have the obligation and right to care for and nurture their parents, especially when their parents lose their civil act capacity, are sick, old, or disabled; In case a family has many children, the children must jointly care for and raise their parents.
In some cases, the care and care of children will be assigned to a guardian, not a parent. Pursuant to Clause 2, Article 87 of the Law on Marriage and Family, these cases include:
– Firstly, Both parents have limited rights to their minor children.
– Secondly, On one side, the father and mother are not restricted but are not qualified to nurture, care for and exercise their rights and obligations towards their children.
– Thirdly, On one side, the parents have restricted rights for their minor children; and the other party has not yet identified the father and mother.
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