HOW IS THE EVASION OF SUPPORT OBLIGATIONS HANDLED?

TABLE OF CONTENTS

1. What is support?

2. How does the law regulate support?

3. Penalties for evasion of support obligations

3.1 Administrative penalties

3.2 Criminal penalties

1. What is support?

According to Clause 24, Article 3 of the 2014 Law on Marriage and Family, “24. Support means an act whereby a person has the obligation to contribute money or other kinds of property to meet the essential needs of another person who does not live together with but has marriage, blood or raising relation with the former and is a minor or an adult who has no working capacity and no property to support himself/herself, or meets with financial difficulties as prescribed by this Law.”

2. How does the law regulate support?

The maintenance obligation is performed between the following entities:

– The maintenance obligation of parents towards their children:

According to Article 110 of the 2014 Law on Marriage and Family: “Parents who do not live with their children or live with their children but violate the support obligation have the obligation to support minor children and adult children who have no working capacity and no property to support themselves.”

– The maintenance obligation of children towards their parents

According to Article 111 of the 2014 Law on Marriage and Family, stipulated that: “Adult children who do not live with their parents have the obligation to support their parents who have no working capacity and no property to support themselves.”

– Obligation to support between brothers and sisters

Pursuant to Article 112 of the 2014 Law on Marriage and Family, it is stipulated that: “In case they no longer have parents or their parents have no working capacity and no property to support their children, adult elder siblings who do not live together with their younger siblings have the obligation to support their minor siblings who have no property to support themselves or adult younger siblings who have no working capacity and no property to support themselves; adult younger siblings who do not live together with their elder siblings have the obligation to support their elder siblings who have no working capacity and no property to support themselves.”

– Obligation to provide maintenance between paternal grandparents, maternal grandparents and grandchildren

Pursuant to Article 113 of the 2014 Law on Marriage and Family:

 “Article 113. Obligation to provide maintenance between paternal grandparents, maternal grandparents and grandchildren

1. Paternal grandparents and maternal grandparents who do not live with their grandchildren have the obligation to support their minor grandchildren or their adult grandchildren who have no working capacity, no property to support themselves and have no one to support them as prescribed in Article 112 of this Law.

2. Adult grandchildren who do not live together with their paternal grandparents and maternal grandparents have the obligation to support their paternal grandparents and maternal grandparents who have no working capacity, no property to support themselves and have no one else to support them as prescribed by this Law.”

– Obligation to provide maintenance between paternal aunts, paternal uncles and biological nephews

Pursuant to Article 114 of the 2014 Law on Marriage and Family, it is stipulated that:

“Article 114. Support obligation among aunts, uncles and nieces, nephew

1. Aunts, uncles who do not live with their nieces, nephews have the obligation to support their minor nieces, nephews or their adult nieces, nephews who have no working capacity, no property to support themselves and have no one else to support them as prescribed by this Law.

2. Adult nieces, nephews who do not live with their aunts, uncles have the obligation to support their aunts, uncles who have no working capacity, no property to support themselves and have no one else to support them as prescribed by this Law.”

– Obligation to provide maintenance between husband and wife upon divorce

Pursuant to Article 115 of the 2014 Law on Marriage and Family, it is stipulated that: “When divorced, if the party facing financial difficulties requests maintenance for plausible reasons, the other party has the obligation to provide maintenance according to his/her ability.”

3. Level of penalty for evading maintenance obligation

3.1 Level of administrative penalty

Pursuant to Article 57 of Decree No. 144/2021/ND-CP stipulating administrative sanctions for violations in the fields of security, order, and social safety; Prevention and control of social evils; Fire prevention and fighting; rescue; prevention and control of domestic violence, it is stipulated as follows:

“Article 57. Violations against regulations on care, nurture or support

1. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for any of the following violations:

a) Denying or evading support obligations between husband and wife after divorce, refusing or evading the nurturing obligations between sisters and brothers, between paternal grandparents, maternal grandparents and grandchildren under the regulations of law;

b) Denying or evading the support and nurturing obligations for parents; obligations of support and care for children after divorce as prescribed by law;

2. Remedial measure:

Mandatory fulfillment of contribution/nurturing obligations for the acts specified in Clause 1 of this Article.”

3.2 Level of criminal penalties

Pursuant to Article 186 of the 2015 Penal Code, amended and supplemented in 2017, stipulates:

“Article 186. Denial or avoidance of obligation to provide support

If a person who has an obligation to provide support and is capable of providing support for another person for whom the former is responsible for providing support under a court decision denies or avoids such obligation and such denial or avoidance results in serious bodily harm of the recipient or the offender has incurred an administrative penalty for the same offence, the offender shall receive a warning, face a penalty of up to 02 year’s community sentence or 03 – 24 months’ imprisonment.”