Child Support Non-Payment Lawsuit Procedures in Vietnam

During divorce proceedings, the issue of child support is always considered a crucial matter to ensure the rights and interests of minor children. However, after a court judgment or decision takes legal effect, there are many cases where the parent obligated to pay child support deliberately evades their responsibility, causing difficulties for the parent with direct custody. In light of this situation, the law has stipulated the right to sue for the enforcement of the child support obligation. As a professional legal consulting firm, Viet An Law would like to present a detailed guide on the procedure for child support non-payment lawsuit procedures in Vietnam, in accordance with current legal regulations.

Regulations on the child support obligation of parents

Based on the provisions in clause 24, Article 03 of the 2014 Law on marriage and family, support is the act of a person contributing money or other assets to meet the essential needs of someone they do not live with but who is in a marital, blood, or nurturing relationship with them, in cases where that person is a minor, an adult who is unable to work and has no assets to support themselves, or someone facing difficulties and hardships as stipulated by law.

According to clause 02, Article 82 of the 2014 Law on marriage and family, a parent who does not directly raise a child has the responsibility to provide child support. Furthermore, Article 07 of Resolution No. 01/2024/NQ-HDTP of the Council of Judges of the Supreme People’s Court, which guides applying some legal provisions in resolving marriage and family cases, stipulates the child support obligation of a parent who does not directly raise a child as follows:

• Individuals to be supported:
  • Minor children;
  • Adult children who are unable to work and have no assets to support themselves.
• Scope of support: Child support funds cover all costs for the child’s care and education.
• Support amount: The support amount will be agreed upon by the parties. If the parties cannot reach an agreement, the Court will determine the amount, but it cannot be less than half of the regional minimum wage at the place of residence of the obligated parent for each child per month.
• Method of support: This is determined by the parents’ agreement. If they cannot agree, the court will decide on a suitable method of support, taking into account the child’s needs and interests and the financial condition of the obligated parent.
• Time of obligation: The support obligation begins from the time the parents no longer live with the child or, if they live with the child, they violate their obligation to care for the child.

Right to child support non-payment lawsuit procedures in Vietnam

Based on the provisions of Article 119 of the 2014 Law on marriage and family, the following individuals and organizations have the right to file a lawsuit in cases of non-payment of child support:

• Parents (the person directly raising the minor child) or the child’s guardian.
• Relatives.
• State management agencies for families.
• State management agencies for children.
• The Women’s Union.

Furthermore, since those entitled to support are often in a vulnerable position, to protect their legal rights and interests, this law stipulates that any other individuals, agencies, or organizations who discover an act of evading the support obligation have the right to request the above-mentioned agencies or organizations to petition the court to compel the person who is not voluntarily fulfilling their support obligation to do so.

Child support non-payment lawsuit procedures in Vietnam

According to Article 186 of the Civil Procedure Code 2015, individuals and organizations have the right to file a lawsuit with a competent People’s court to protect their legal rights and interests when they are violated.

The act of a parent failing to fulfill their child support obligation is considered a violation of the child’s legal rights and interests. Therefore, the child’s legal representative has the right to file a lawsuit to demand support.

Lawsuit dossier

The person suing for non-payment of child support needs to prepare a basic dossier and documents as follows:

• Lawsuit petition.
• Documents proving the legal status of the plaintiff: Identity card, citizen ID, or passport.
• Documents proving the personal relationship between the person obligated to pay support and the person demanding support: Birth certificate, birth certificate abstract, etc.
• Documents and materials proving the parents’ support obligation: For example, a court decision/judgment on divorce, etc.

Jurisdiction of the court

Based on clause 05, Article 28 of the Civil Procedure Code 2015, a dispute over the child support obligation is one of the disputes falling under the jurisdiction of the court.

Based on Articles 35 and 37 of the Civil Procedure Code 2015, the district-level court has the authority to resolve this dispute, except in cases with foreign elements (e.g., the parent is a foreigner, or is residing/living abroad, etc.).

Based on Article 39 of the Civil Procedure Code 2015, the court in the area where the defendant resides has the authority to resolve the child support dispute.

Thus, typically, the person filing the lawsuit for child support will submit the lawsuit dossier to the district-level people’s court where the defendant resides for resolution.

Steps to file a lawsuit for non-payment of child support

To file a lawsuit for non-payment of child support, the plaintiff needs to follow these basic steps:

Step 1: Prepare and submit the dossier

The plaintiff prepares the dossier and submits it to the competent court as previously instructed.

Step 2: Court receives and processes the dossier

Within 08 working days from the date the court receives the lawsuit dossier, the assigned Judge must issue one of the following decisions:

• Requesting the amendment or supplementation of the lawsuit petition.
• Proceeding with the case acceptance procedure, either through regular or summary proceedings, if the case meets the conditions for resolution under summary procedure as stipulated in clause 01, Article 317 of the Civil Procedure Code 2015.
• Transferring the lawsuit petition to a competent court and notifying the plaintiff if the case falls under the jurisdiction of another court.
• Returning the lawsuit petition to the plaintiff if the case does not fall under the court’s jurisdiction.

Step 3: Pay the court fee in advance

• If the lawsuit dossier is valid and accepted, the court will issue a notice for the plaintiff to pay the court fee advance.
• Within 07 days from the date of receiving the notice, the plaintiff must pay the court fee advance to the enforcement agency.
• After paying, the plaintiff must submit the original receipt to the court.

Step 4: Court accepts the case

• The judge accepts the case once the plaintiff provides the court with the receipt for the court fee advance.
• Within 03 working days from the date of case acceptance, the judge must provide written notice to the plaintiff, defendant, relevant agencies, organizations, and individuals, as well as the people’s procuracy of the same level, that the court has accepted the case.

We hope this article has helped you understand the child support non-payment lawsuit procedures in Vietnam. If you need specific legal assistance, please contact Viet An Law for timely and effective advice.