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The Supreme People's Court of Vietnam: Benchbook Online

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5.4.4. Raising the children when divorcing


Related legal documents
  • Law on Marriage and Family 2000 (Articles 41,42)
  • Law on Marriage and Family 2000 (Article 43)
  • Law on Marriage and Family 2000 (Article 56)
  • Law on Marriage and Family 2000 (Article 63)
  • Resolution No. 02/2000/RESOLUTION NO.-HDTP
  • Decree No.70/2001/ND-CP dated October 03rd 2001 of the Government (Article 11)

  • Main tasks and practical skills:

    • Detremination of common children: Children born or conceived by the wife during the marriage period are common children of the husband and wife. (Article 63  Law on Marriage and Family; Item 5 Resolution No. 02/2000/HDTP).
    • Obligation in producing evidences in cases where the fathers and mothers decline to recognize children (item 2 Article 63 Law on Marriage and Family).
    • The nursing, care for, education and raising of children after the divorce  (Article 92 Law on Marriage and Family; item 11 Resolution No. 02/2000).
    • Children born within 300 days after the death of the husband or after the court’s judgment or decision on the husband and wife’s divorce takes legal effect are determined as their common children. (item 2 Article 21 Decree No. 70/2001/ND-CP)
    • Fathers, mothers’ obligations to support their children when they are divorced (Article 56 Law on Marriage and Family) provides the possibility of supporting one time (Item 11 of Resolution No. 02/2000/ND-HDTP).
    • Restrictions on fathers’ and/or mothers’ rights toward their minor children in some special cases (Articles 41,42,43 Law on Marriage and Family).