Investment 11/09/2022
Divorce is one of the grounds that give rise to support obligations between some family members, usually between parents and children. The support obligation in ordinary cases is already complicated, for the support obligation after a divorce with a foreigner, is even more complicated due to the special factors of the subject. Apolo Lawyers will provide customers with provisions under Vietnamese law related to support obligations with foreign elements.
Article 107 of the Law on Marriage and Family 2014, the support obligation is 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 by this Law.
According to this provision, the alimony obligation after a divorce only applies to the relationship and responsibilities between husband and wife. The parents who do not directly raise children must support their children after the divorce.
>>> Read more: How long does a unilateral divorce take?
Support obligations with foreign elements under Vietnamese law
According to the provisions of Clause 1, Article 129 of the Law on Marriage and Family 2014, the support obligation must comply with the law of the country where the support requester resides. Thus, if the support claimant resides in Vietnam, the support will be made by Vietnamese law. At that time, the agency dealing with this petition will be the competent state agency of Vietnam according to the provisions of Clause 2, Article 129 of this Law.
Also based on this provision, after a divorce, if the person directly raising the child has a claim to support the child and is abroad, the support will be done according to the law of the place where he/she is residing. If he/she resides in Vietnam, he/she must comply with Vietnamese law. If he/she does not have a place of residence in Vietnam, the law of the country where he/she is a citizen shall apply to resolve these support issues.
In summary, the post-divorce support obligation towards a foreigner is a legal obligation that a foreign parent, spouse, or child must perform towards a child (spouse) if the child is a foreigner. minors or adults without working capacity and no property to support themselves, when they do not directly raise children after the termination of the marital relationship; or the wife (husband) has difficulty, needy; by contributing money or kind corresponding to the essential needs of children (spouse) and by their actual ability to compensate for material losses for children when the children are not shared. living at the same time with a father and mother or a husband and wife who are no longer living together.
The person receiving support, his or her father, mother, or guardian has the right to ask the Court to compel the person who has not voluntarily performed the support obligation to perform that obligation. Accordingly, the person who is directly raising a common child in Vietnam has the right to request the court to force the person with the support obligation to perform the support obligation towards this common child.
In addition, to ensure the material life of common children, Vietnamese law also expands the scope of persons who have the right to claim the performance of support obligations after a divorce, including parents who directly raise children, guardians of children, relatives, State Administration of Family, State Administration of Children and Women Union.
>>> Read more: Unilateral divorce in absence of a spouse in Vietnam
Support obligations with foreign elements under Vietnamese law
The Civil Code 2015 stipulates the competence to settle alimony disputes where the involved parties or assets are abroad or need to entrust the judiciary to the representative agency of the Socialist Republic of Vietnam abroad if other than the case between a Vietnamese citizen residing on the border area and a citizen of a neighbouring country residing in the border area with Vietnam, it shall fall under the jurisdiction of the provincial People Court.
Therefore, when there is a dispute about support from a foreign element, a person residing in Vietnam can file a lawsuit with the provincial court where he or she is residing to request the court to settle.
We are proud to introduce a prestigious Law Firm in Ho Chi Minh City - Apolo Lawyers Law Firm. With a team of experienced lawyers and legal experts with highly specialized knowledge in the field of marriage and family, with a deep understanding of Vietnamese law, we commit that our clients will be solved divorce problems with the fastest progress and achieve their wishes by the law. Please contact us using the information below to be consulted and supported by Apolo Lawyers Law Firm.
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