In the daily life, divorce is something no one wants. But in reality, divorce will lead to many changes, arising, and termination of some rights and obligations, in which it can be said that divorce is the main cause of alimony obligations. So about the regulation of the law and anything related to the matter “What is alimony under Vietnam law?” Let’s find out with LSX in the article below.
Legal grounds
- Law on Marriage and Family 2014
- Civil Code 2015
What is alimony under Vietnam law?
Support is the obligation of a person to contribute money or other property to meet the essential needs of a person who is not living with him or her but has a marriage, blood or foster relationship in case that person is an unmarried person. minors, adult people without working capacity and no property to support themselves or people facing difficulties or needy.
Usually, the support obligation is performed between the father, mother and child; between husband and wife; between brothers, sisters and brothers; between paternal grandparents, maternal grandparents and grandchildren; between aunts, aunts, uncles, uncles and nieces;
Support obligations cannot be replaced by other obligations and cannot be transferred to another person.
In cases where a person with a nurturing obligation shirks his/her obligation, at the request of an individual, agency or organization specified in Article 119 of this Law, the court shall force such person to perform the support obligation in accordance with the provisions of this Law. provisions of the Law on Marriage and Family 2014, specifically:
Article 119. Persons entitled to request performance of support obligations
1. The person receiving support, his/her father, mother or guardian, according to the provisions of civil procedure law, has the right to request the Court to force the person who does not voluntarily perform the support obligation to perform. that obligation.
2. The following individuals, agencies and organizations, according to the provisions of civil procedure law, have the right to request the Court to force the person who does not voluntarily perform the support obligation to perform such obligation:
a) Relatives;
b) State management agencies in charge of family;
c) State management agencies in charge of children;
d) Women’s Union.
3. Other individuals, agencies and organizations, when detecting acts of shirking the performance of support obligations, have the right to request the agencies or organizations specified at Points b, c and d, Clause 2 of this Article to request the Court to request the Court. The judgment forces the person who does not voluntarily perform the support obligation to perform that obligation.
What is a alimony?
A support person is a person who is provided with a sum of money or food by another person who does not live with him or her to ensure his or her life, when this person is unable to work and has no property to support himself. me.
Support obligations are performed between father, mother and child; between brothers, sisters and brothers; between paternal grandparents, maternal grandparents and grandchildren; between aunts, aunts, uncles, uncles and nieces; between husband and wife. As follows:
Support obligations of parents towards their children
Parents are obliged to support their minor children and adult children who are unable to work and have no property to support themselves in case they do not live with their children or live with their children but violate their obligations child care service.
Child support obligations towards parents
Adult children who do not live with their father or mother have the obligation to support their parents in cases where the parents are incapable of working and have no property to support themselves.
Support obligations between brothers and sisters
In case there are no parents left or the parents are unable to work and have no assets to support their children, the adult brothers and sisters who do not live with the younger brother or sister have the obligation to support the unmarried minor children. property to support themselves or an adult child who is unable to work and has no property to support himself; You are an adult and do not live with you, you are obliged to support him, you are not able to work and do not have any property to support yourself.
Support obligations between paternal grandparents, maternal grandparents and grandchildren
– Grandparents and maternal grandparents who do not live with their grandchildren have the obligation to support their grandchildren in case the minor grandchildren or adult grandchildren are unable to work, have no property to support themselves and have no money to support themselves. the support person as prescribed in Article 112 of the Law on Marriage and Family 2014.
– Adult grandchildren who do not live with their paternal grandparents, maternal grandparents are obliged to support their paternal grandparents and maternal grandparents in case the grandparents are unable to work or have no property to support themselves and there is no other person to provide support in accordance with the provisions of this Law.
Support obligations between aunts, uncles, aunts, uncles and nephews
– Aunts, uncles, aunts, uncles who do not live with their own grandchildren have the obligation to support their grandchildren in case their minor grandchildren or adult grandchildren are unable to work and have no property to support themselves. without other people to support them according to the provisions of the Law on Marriage and Family 2014.
– Adult grandchildren who do not live with their aunts, uncles, aunts, uncles and aunts are obliged to support their aunts, uncles, aunts, uncles in case the person in need of support is unable to work and have no property to support themselves without other people to support them according to the provisions of the Law on Marriage and Family 2014.
Support obligations between husband and wife upon divorce
Upon divorce, if the disadvantaged or needy party has a request for support but has a legitimate reason, the other party is obliged to support according to its ability.
In the event that one person is obligated to support more than one person:
The support person and the supported persons reach an agreement on the mode and level of support in accordance with the income, actual ability of the person with the support obligation and the essential needs of the person receiving the support; if no agreement can be reached, ask the court to settle (Article 108 of the Law on Marriage and Family 2014).
In case many people have the same support obligation for the same person or for many people:
these people agree with each other on the method and level of contribution in accordance with the income, actual ability of each person and the essential needs of the person being supported; if no agreement can be reached, ask the court to settle (Article 109 of the Law on Marriage and Family 2014).
In criminal cases where a victim dies, the defendant is also responsible for paying alimony to those for whom the damage sufferer is obliged to support under the provisions of Point c, Clause 1, Article 519 of the Code. Civil 2015.
Regulations about the alimony level
Alimony is a sum of money, food or other property that the support party contributes to the supportee to ensure the essential needs of the supportee.
Determination of support levels shall be agreed upon by the person with the support obligation and the supported person or the guardian of the supported person. When determining the level of support, it is necessary to base on the following two factors:
– Income and actual ability of the person with the support obligation (ie based on their regular income or assets they have left after deducting ordinary expenses necessary for their life).
– Essential needs of the supported person (i.e. the average living standard of the supportee according to the average living standard of people in the locality where the supportee resides, including necessary expenses for accommodation, clothing, education, medical examination and treatment and other necessary expenses to ensure the life of the supported person).
The level of support may change when there is a good reason such as: The essential needs of the supported person increase; the economic viability of the person with the support obligation decreases; The cost of living in the locality where the supported person fluctuates… Changes in the level of support shall be agreed upon by the parties. If no agreement is reached, the Court shall be requested to settle.
Method of performing the alimony obligation
According to the current law, there are two methods of performing alimony obligations:
– Periodic support: is the monthly, quarterly, semi-annual and annual support;
– One-time support: A support that is only made once.
Depending on each specific case, the support obligor and the supportee agree to choose a method suitable to the actual conditions of the support party and ensure the rights and interests of the support party.
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Frequently asked questions
Support obligation is a property obligation of a special nature that cannot be replaced by another obligation.
When a minor or an adult who is unable to work and has no property to support himself needs support, the person with the support obligation must provide money or other property to meet the necessary needs. weak, in order to secure their livelihood. Therefore, the support obligation cannot be replaced by another obligation.
The support obligation cannot be transferred to another person.
The support obligation arises only between the subjects of the legal relationship of marriage and family, is the obligation on property attached to each subject’s personality and cannot be transferred to another person.
Article 57 of Decree 144/2021/ND-CP stipulates as follows:
Article 57. Violations against regulations on care, upbringing and alimony
A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a) Refuse or evade support obligations between husband and wife after divorce; refuse or evade the nurturing obligation between brothers, sisters, brothers, between paternal grandparents, maternal grandparents and grandchildren in accordance with the law;
b) Refusing or evading the obligation to support and raise parents; the obligation to support and take care of children after divorce according to the provisions of law.
Remedial measures: Forcible performance of the obligation to contribute and nurture according to regulations, for the acts specified in Clause 1 of this Article.
Pursuant to Article 82 of the Law on Marriage and Family 2014 stipulates on the obligations and rights of parents who do not directly raise children after divorce as follows:
Parents who do not directly raise children have the obligation to respect the child’s right to live with the person directly raising them.
Parents who do not directly raise children have the obligation to support their children. 3. After a divorce, the person who does not directly raise the child has the right and obligation to visit the child without anyone obstructing.
If a parent who does not directly raise a child abuses visitation to obstruct or adversely affect the care, care, upbringing and education of the child, the person directly raising the child has the right to request the Court to limit the visit that person’s child.
According to the above regulations, parents who do not directly raise their children must have support obligations. So even if your income is low, you still have to fulfill this obligation.
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