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Vietnam's legal regulations on parental rights

This article provides comprehensive information on Vietnam's legal regulations related to parental rights. From defining the rights and obligations of parents to measures to protect the interests of children, the article helps readers better understand the legal framework and necessary factors to ensure a healthy environment for children's development.

1. Conditions for obtaining parental rights after divorce

According to Article 2, Article 81 of the 2014 Law on Marriage and Family, a father or mother who wants to obtain parental rights after divorce must meet the following conditions:

Mutually agree on the person directly nurturing the child, the duties, and rights of each party after the divorce regarding the child;
In cases where agreement cannot be reached, must prove that their conditions can ensure the overall interests of the child:
Material conditions such as: food, housing, living conditions, educational conditions... Parties may submit their salary table, documents proving their income, other financial sources, and how they take care of the child after the divorce...
Spiritual conditions such as: time for care, education; educating children, the love given to the child from before to now; conditions for children to have fun, entertainment, personality ethics, educational level... of the parents.

Note:Except for children under 36 months old who must be nurtured directly by the mother, and children from the age of 7 and older have the desire to choose the person to nurture them directly.

2. What are the latest contents of the petition for parental rights?

The content and form must meet the general conditions stipulated in Article 189 of the 2015 Civil Procedure Code as follows:

Date, month, year of filing the petition
Name of the court receiving the petition
Name, residence, work location of the plaintiff as an individual or the headquarters of the plaintiff as an agency, organization, phone number, fax, and email address (if any), in cases where the parties have agreed on an address for the court to contact, it should be clearly stated;
Name, residence, work location of the person with rights and interests to be protected as an individual or the headquarters of the person with rights and interests to be protected as an agency, organization; phone number, fax, and email address (if any);
Name, residence, work location of the defendant as an individual or the headquarters of the defendant as an agency, organization; phone number, fax, and email address (if any). In cases where the residence, work location, or headquarters of the defendant is not clear, the address of the last known residence, work location, or headquarters of the defendant should be clearly stated;
The legal rights and interests of the plaintiff that have been violated; specific issues requiring the court to resolve regarding the defendant, the person with relevant rights and obligations;
Name, address of the witness (if any);
List of documents, evidence attached to the petition (judgment/decision of the court, salary table, proof of legal residence, etc.),

Therefore, a petition for parental rights must ensure the above contents.

Based on Article 116 of the 2014 Law on Marriage and Family, the maintenance amount is regulated as follows:

1. The maintenance amount is agreed upon by the person with the obligation to provide support and the person receiving the support or the guardian of that person based on the income, actual capacity of the person with the obligation to provide support and the essential needs of the person receiving the support; if no agreement can be reached, the court shall be requested to settle.

2. When there is a valid reason, the maintenance amount can be changed. The change in the maintenance amount is agreed upon by the parties; if no agreement can be reached, the court shall be requested to settle.

According to the above regulations, the maintenance amount for children after divorce can be agreed upon between the person with the obligation to provide support and the person receiving the support or the guardian of that person. This means that a parent who does not directly care for the child can negotiate the maintenance amount with the child or with the person currently caring for the child.

According to this law, the maintenance amount is determined based on the income, actual capacity of the person with the obligation to provide support. However, if the parties cannot reach an agreement, they can request the court to settle.

Moreover, this maintenance amount can also be changed by agreement of the parties, and if no agreement can be reached, the court can be requested to settle.

Currently, there is no specific document regulating the maintenance amount for children after divorce, so to determine the specific maintenance amount, the court usually relies on documents, invoices,... related to reasonable expenses to nurture and care for the child and the income, actual capacity of the person with the obligation to provide support.