Disputes Over Child Support Obligations Involving Foreign Nationals in Vietnam
When one party in a marital or parent-child relationship is a foreign national, fulfilling child support obligations often becomes legally complex in terms of applicable laws, jurisdiction, and procedures. This article analyzes the most updated regulations in Vietnam on disputes involving foreign-related child support, while offering practical insights to help readers understand their rights and responsibilities.
1. Updated Legal Provisions on Child Support with Foreign Elements
1.1 Legal Basis and Applicable Law
According to Article 129 of the 2014 Law on Marriage and Family, if a request for child support involves a foreign element, the applicable law is that of the country where the requesting party resides. If the requesting party does not reside in Vietnam, then the applicable law is that of their nationality.
In such cases, the competent authority to resolve the support request is the authority of the country where the requesting party resides. If they reside in Vietnam, the Vietnamese court has jurisdiction.
1.2 Jurisdiction, Support Amount, and Start Time
Jurisdiction: For foreign-related disputes involving a party or assets abroad or requiring judicial delegation, under the 2015 Civil Procedure Code, the case typically falls under the jurisdiction of the provincial People’s Court, unless otherwise assigned to a lower court.
Support amount: There is no universal fixed amount. The court determines the obligation based on the payer's financial capacity and the essential needs of the recipient—especially relevant when the parties live in different countries or regions with varying costs of living.
Start time: According to Precedent No. 62/2023/AL1, in paternity cases, the obligation to pay child support may begin from the child’s birth if the father is legally identified by the court.
2. Common Disputes and Effective Resolution Strategies
2.1 Real-Life Scenarios Leading to Disputes
A foreign national divorces a Vietnamese citizen and fails to provide child support despite not cohabitating.
One parent resides abroad while the child lives in Vietnam, raising concerns about basic living expenses, education, and healthcare.
The requester lives outside Vietnam, making it difficult to verify and apply foreign laws.
The payer (a foreign national) cites reasons like low income, job loss, high international transfer fees, or exchange rate fluctuations to alter or terminate support obligations.
2.2 Solutions and Best Practices
Collect Strong Evidence:
Documents verifying nationality, residence, income, and assets of the paying party.
Proof of the recipient’s basic needs: educational, healthcare, and living expenses.
Any previous agreements (contracts, court rulings, or judgments).
Determine the Correct Law and Jurisdiction:
If the requester resides abroad, check if their country’s law has similar provisions and whether it's compatible with international treaties Vietnam is part of.
File petitions with courts in the legal residence of the involved party or the competent Vietnamese court if the requester resides in Vietnam.
Negotiation Before Court Action:
Negotiate support amount, frequency, and payment methods (one-time or recurring: monthly, quarterly, or annually).
If international transfers are involved, agree to adjustments based on currency fluctuations.
Go to Court if Negotiations Fail:
File a lawsuit for child support involving foreign elements under civil procedure rules.
Ask the court to determine the applicable law, support amount, starting date, and payment method.
In paternity cases, once the father is legally confirmed, the support obligation may retroactively start from the child’s birth as per Precedent 62/2023.
Enforcement of Court Judgments:
If the paying party resides abroad, verify the feasibility of enforcement via judicial delegation or applicable international treaties between Vietnam and the other country.
Always keep proof of payments (receipts, bank transfers) to defend against future disputes.
3. Conclusion
Handling child support disputes involving foreign nationals in Vietnam requires careful attention to applicable laws, evidence gathering, and proper jurisdiction selection. Precedent No. 62/2023/AL1 offers valuable guidance on determining when support obligations should begin—especially in paternity cases. Regardless of nationality, Vietnamese law ensures that child support obligations are fulfilled to protect the rights of the dependent.
Foreign nationals who divorce or have children with Vietnamese citizens are still held accountable for providing child support under Vietnamese legal standards, reaffirming the country’s commitment to protecting children’s welfare in international family law matters.
Contact DEDICA Law Firm for expert legal consultation!
📞 Hotline: (+84) 39 969 0012 (Available on WhatsApp, WeChat, and Zalo)
🏢 Head Office: 144 Vo Van Tan Street, Xuan Hoa Ward, Ho Chi Minh City (144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City)
🕒 Business Hours: Monday – Friday (8:30 AM – 6:00 PM)
Reach out today for a free initial consultation with our team of professional lawyers!
