Rights and Obligations of Family Members in Vietnam Law
In Vietnam, the rights and obligations of family members are specifically regulated by the Family and Marriage Law No. 52/2014/QH13 to ensure fairness and stability in familial relationships.
This article will clarify the rights and obligations among spouses, parents and children, grandparents and grandchildren, as well as aunts, uncles, and nieces or nephews according to Vietnam legal regulations.
Under the Family and Marriage Law No. 52/2014/QH13, the rights and obligations of spouses are defined to establish a solid foundation for marital relationships. If a spouse believes the other is violating these rights and obligations, they can request the other to cease or rectify the behavior. If the violation continues, the affected spouse may seek intervention from relevant authorities.
Personal Rights and Obligations:
- Equality: Spouses are equal in rights and obligations in all aspects of family life, including the exercise of citizen rights as outlined in the Constitution, Family and Marriage Law, and other related laws.
- Protection of Personal Rights: Spouses’ personal rights and obligations as stipulated by this law, the Civil Code, and other relevant laws are respected and protected.
- Marital Affection: Spouses have an obligation to love, remain faithful, respect, care for, and support each other; to share and perform family tasks together.
- Living Together: Spouses must live together unless otherwise agreed upon or due to professional, educational, or other justifiable reasons.
- Choice of Residence: Spouses may choose their place of residence freely, without being bound by customs or administrative boundaries.
- Respect for Honor and Reputation: Spouses must respect, preserve, and protect each other’s honor, dignity, and reputation.
- Respect for Religious Freedom: Spouses must respect each other’s freedom of belief and religion.
- Rights and Obligations Related to Education, Work, and Participation: Spouses must support each other in choosing careers, education, and participating in political, economic, cultural, and social activities.
Property Rights and Obligations:
The Family and Marriage Law No. 52/2014/QH13 allows spouses to choose between two property regimes: (i) statutory property regime or (ii) contractual property regime. Regardless of the regime chosen, spouses have the following basic rights and obligations:
- Equality: Spouses are equal in rights and obligations regarding the creation, possession, use, and disposal of joint property, with no distinction between household labor and income-generating labor.
- Meeting Essential Needs: Spouses must ensure the fulfillment of essential family needs. If there is no joint property or it is insufficient, each spouse must contribute personal assets according to their financial ability.
- Transactions Related to the Sole Residence: Transactions involving the family’s sole residence must be agreed upon by both spouses. If the residence is individually owned, the owner can conduct transactions related to it but must ensure housing for the family.
Additionally, spouses will have other rights and obligations concerning private property, joint property, personal debts, and joint debts incurred before and during the marriage. These are determined by legal provisions or a premarital agreement.
>> Read more: Conditions, content, and template Prenuptial Agreements according to Vietnam law.
Rights and Obligations Between Parents and Children
Parents are fundamentally obligated to care for, support, and educate their children until they reach adulthood, ensuring their physical and mental development, and providing a safe environment for learning and living. Conversely, once grown, children have an obligation to care for their parents, including support when parents face difficulties or health issues. This reflects the generational connection and maintains family traditions.
Parents’ Rights and Obligations towards Children:
- Affection and Respect: Parents must love their children, respect their opinions, and support their education and development to become healthy, educated, and responsible individuals.
- Education and Care: Parents have the obligation and right to educate their children, provide a nurturing environment, set a good example, and cooperate with schools and organizations in educating their children.
- Guidance and Respect for Career Choices: Parents should guide children in career choices and respect their right to participate in political, economic, cultural, and social activities.
- Assistance from Authorities: Parents can seek help from relevant authorities if they face difficulties in educating their children.
- Joint Responsibility: Both parents share equal obligations and rights in raising and protecting the legal rights of minor children, incapacitated adult children, or those unable to support themselves.
- Guardianship: Parents are responsible for guardianship or representation according to the Civil Code for minor children or incapacitated adult children.
- Non-Discrimination: Parents must not discriminate against children based on gender or their marital status; exploitation of minor children or incapacitated adult children is prohibited, as is coercion into illegal or unethical work.
Obligations of Child Support and Care After Divorce:
- Post-Divorce Responsibilities: Parents remain responsible for the care, support, and education of minor children or incapacitated adult children according to this law, the Civil Code, and related laws.
- Custody Agreements: Parents must agree on who will directly care for the child post-divorce; if no agreement is reached, the court will decide based on the child’s best interests, considering the child’s wishes if they are 7 years or older.
- Custody of Children Under 36 Months: Children under 36 months are usually placed with the mother unless she is unable to care for them, or there is another agreement in the child’s best interest.
- Respecting Custody Arrangements: Non-custodial parents must respect the child’s right to live with the custodial parent and provide financial support.
- Visitation Rights: Non-custodial parents have the right to visit their children without interference. However, if visitation is used to disrupt or negatively affect the child’s care, the custodial parent may seek court intervention to limit visitation.
Children’s Rights and Obligations Towards Parents:
- Respect and Support: Children must respect, cherish, and care for their parents, uphold family honor, and provide support, especially when parents are incapacitated or in need.
- Responsibilities for Minor and Incapacitated Parents: Minor children and incapacitated adult children have the right to live with and be cared for by their parents. They must contribute to family responsibilities and support based on their abilities.
- Property Rights: Children are entitled to a share of family assets commensurate with their contributions.
- Support for Incapacitated Parents: Adult children must care for and support parents who are incapacitated, sick, elderly, or disabled. If there are multiple children, they must collectively care for their parents.
Rights and Obligations Between Stepparents and Stepchildren
- Stepparent Responsibilities: Stepparents have the obligation to care for, support, and educate their stepchildren as they would their biological children.
- Stepchild Obligations: Stepchildren must care for and respect their stepparents as they would their biological parents.
Rights and Obligations Between Sons- and Daughters-in-Law and Parents-in-Law
When living with in-laws, sons- and daughters-in-law must respect, care for, and support their parents-in-law similarly to their own parents.
Rights and Obligations Between Grandparents and Grandchildren
- Grandparent Responsibilities: Grandparents have the obligation to care for, support, and educate their grandchildren, set a good example, and provide for them if no other caregivers are available.
- Grandchild Obligations: Grandchildren must respect and support their grandparents, and if grandparents have no other support, adult grandchildren must care for them.
Rights and Obligations Among Siblings
Siblings have the rights and obligations to love, care for, and support each other. They must also provide mutual support if their parents are no longer able to do so.
Rights and Obligations Between Aunts, Uncles, and Nieces or Nephews
Aunts, uncles, and nieces or nephews have the rights and obligations to care for, support, and assist each other, especially if one party is without parents or other support.
Conclusion
Understanding the rights and obligations of each family member not only helps maintain harmony but also protects the legal rights of everyone involved. The Family and Marriage Law of 2014 provides a clear legal framework to create a stable and fair environment for family members. By adhering to these legal regulations, families can build and maintain supportive and loving relationships.
Disclaimer: The contents of this article are for informational purposes only and may not apply to all situations. For assistance related to your specific issues, please contact us for support from our team of legal experts.
This article was first published on August 9, 2024, and last updated on August 9, 2024.
Author: Tony Nguyễn
Category: Marriage & Family
