A person who refuses to fulfill their maintenance obligations after a divorce may be subject to a warning, up to two years of non-custodial reform, or imprisonment ranging from three months to two years.
The Ministry of Justice has received a petition from voters in Binh Thuan province to address the lack of regulations regarding penalties for those who refuse to provide maintenance. According to the Law on Marriage and Family, a parent who fails to provide for their children is not bound by the law and cannot be enforced. The voter has requested that this law be amended by the National Assembly.
In response to the request, the Ministry of Justice stated on March 1st that the Marriage and Family Law of 2014 provides that in cases where the person who is responsible for providing maintenance evades their obligations, they can be compelled by an individual, organization or court to fulfill these obligations.
The individual receiving support, their parent, or their legal guardian, in accordance with the provisions of the civil procedure code, has the right to request that the court compel the person who refuses to fulfill their obligations to provide maintenance.
The Civil Code stipulates that if the obligator is late in paying their obligation, they must pay interest corresponding to the length of the delay. In cases where the violation of the obligation results in damages, the party with the obligation must compensate for the entire loss, unless otherwise agreed.
Regarding administrative responsibility, Decree 144/2021 stipulates a fine of VND 5-10 million for those who refuse or evade their maintenance obligations after a divorce.
Regarding criminal liability, the Criminal Code of 2015 provides for the crime of refusal or evasion of maintenance obligations. Specifically, if the person responsible for providing maintenance has the ability to do so but refuses or evades their obligations, which endangers the life or health of the person entitled to receive maintenance, or if they have been punished for administrative violations and continue to violate the law, they may be subject to a warning, up to two years of non-custodial reform, or imprisonment ranging from three months to two years.
The Criminal Code also stipulates that a person who has the means but refuses to comply with a legally effective court decision or judgment, despite having been subject to coercive measures in accordance with the law or having been punished for administrative violations, may be sentenced to imprisonment for three months to two years.
In cases of resisting enforcement officers or individuals performing public duties, using cunning and deceitful means, dispersing assets, violators may be sentenced to 2-5 years in prison and fined from 5 to 50 million VND.
In the coming time, the Ministry of Justice will propose solutions to disseminate and improve the effectiveness of law enforcement on the issues that citizens have reported.
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