The chapter starts with some general overview about the legal system of Vietnam at this moment, which is in transition from a strict socialist legal ideology to a market based system based on civil law tradition and international laws' standards. Within the system, the family law in general and child support law in particular has evolved quite early right from the 1950's. It is now being regulated by a number of statutes, regulations and guidance including custom to some extent considered as sources of family law. General speaking, because of the central role of family in a society, children are paid special attention by the law making people. The family law of Vietnam makes no difference between biological or adopted; in-wedlock and out of wedlock and female or male children. Parents always bear the duties of care, education and rearing of children even if they get divorced. The legality of a child's parent relationship does not affect the child rights to support. The child support right is protected by a number of remedies including civil, administrative and criminal remedies exercised by different authorities and persons. Even though the laws themselves and the remedies incorporated in various legal documents have been consistently amended to better protect the legitimate rights of children, challenges remain unresolved to certain extent such as weak enforcement or outdated provisions and especially trend of increasing number of foreign marriages between Vietnamese people and foreigners. The challenges require more coordinated efforts to address.
KCI 등재
Child Support Law of Vietnam
법학논고
약어 : 법학논고
2012 no.39, pp.117 - 140
DOI : 10.17248/knulaw..39.201206.117
발행기관 : 경북대학교 법학연구원
연구분야 : 법학
Copyright © 경북대학교 법학연구원
약어 : 법학논고
2012 no.39, pp.117 - 140
DOI : 10.17248/knulaw..39.201206.117
발행기관 : 경북대학교 법학연구원
연구분야 : 법학
Copyright © 경북대학교 법학연구원
Vietnam, child support right, child support law, the legal system of Vietnam, coordinated efforts to address
- 1. [인터넷자료] AusAID / Viet Nam: Legal and Judicial Development, Working Paper 3
- 2. [인터넷자료] Bui Thi Bich Lien / Interpretation and Application of Law in Vietnam / National Taiwan University Law Review
- 3. [기타] Bùi Thị Thanh Hằng / 2011 / Sức sống của Bộ luật Dân sự Việt Nam từ góc nhìn so sánh với Bộ luật Dân sự Pháp, Đức, Hà Lan (Comparison of Civil Code of Vietnam with those of France, Germany and Netherlands) / Tạp chí Nghiên cứu Lập pháp
- 4. [인터넷자료] John Gillespie / Chaning Concepts of Socialist Law in Vietnam
- 5. [단행본] Hanoi Law University / 2005 / Giáo trình Luật Hôn nhân và Gia đinh (Text book on Family and Marriage Law) / Hanoi
- 6. [단행본] Nguyen Cuu Viet / 2004 / General Theory on State and Law / Hanoi
- 7. [기타] Nguyễn Hồng Hải / 2003 / Một số vấn đề về áp dụng phong tục, tập quán trong giải quyết tranh chấp hôn nhân gia đình (Some issues regarding application of customary law in dealing with family and marriage conflicts) / Đặc san Nghề Luật
- 8. [단행본] Yun Isun / 1994 / Luật và xã hội Việt Nam thế kỉ 17-18, (Laws and Society of Vietnam in the 17-18th centuries) / Hanoi
- 9. [인터넷자료] Hoang Hong / Bất cập mức cấp dưỡng nuôi con sau khi ly hôn (Inadequacies regarding payment level of child support after divorce)
- 10. [인터넷자료] Huynh Minh Vu / Chuyện cấp dưỡng cho con sau ly hôn (Regarding the issue of child support after divorce)
- 11. [인터넷자료] / the Preamble of Constitution of Vietnam 1992 as amended in 2001, English version
- 12. [기타] / 2002 / Politburo Resolution No.08/NQ-TW on a number of responsibilities of the legal system in the near future dated 2 January 2002
- 13. [기타] / 2005 / Politburo Resolution No.48/NQ-TW on a strategy of building and improving the legal system of Vietnam until 2010, with direction to 2020 dated 24 May 2005
- 14. [기타] / 2000 / The Family and Marriage Law 2000
- 15. [기타] / 2004 / the Civil Procedure Code 2004
- 16. [기타] / 2011 / the Civil Procedure Code of Vietnam 2004 as amended in 2011
- 17. [기타] / 2005 / the Civil Code 2005
- 18. [기타] / 2000 / the Criminal Code of Vietnam 1999 Resolution No. 35/NQ-QH10 on Implementation of Marriage and Family Law 2000, dated 09 June 2000
- 19. [기타] / 2000 / the Resolution No.02/2000/NQ-HDTP, dated 23 December 2000
- 20. [기타] / 2001 / the Decree No.70/2001/ND-CP dated 3 October 2001
- 21. [기타] / 2001 / the Decree No.87/2001/ND-CP dated 21 November 2001
- 22. [기타] / 2009 / the Decree No.110/2009/ND-CP dated 10 December 2009
타입을 선택하세요
Child Support Law of Vietnam
@article{ART001676679},
author={
Vu Cong Giao
and
Tran Kien
},
title={
Child Support Law of Vietnam
},
journal={
법학논고
},
issn={1738-5903},
year={2012},
pages={117 - 140},
doi={10.17248/knulaw..39.201206.117},
url={http://dx.doi.org/10.17248/knulaw..39.201206.117}
TY - JOUR
AU - Vu Cong Giao
AU - Tran Kien
TI - Child Support Law of Vietnam
T2 - 법학논고
PY - 2012
IS - 39
PB - 경북대학교 법학연구원
SP - 117 - 140
SN - 1738-5903
AB - The chapter starts with some general overview about the legal system of Vietnam at this moment, which is in transition from a strict socialist legal ideology to a market based system based on civil law tradition and international laws' standards. Within the system, the family law in general and child support law in particular has evolved quite early right from the 1950's. It is now being regulated by a number of statutes, regulations and guidance including custom to some extent considered as sources of family law. General speaking, because of the central role of family in a society, children are paid special attention by the law making people. The family law of Vietnam makes no difference between biological or adopted; in-wedlock and out of wedlock and female or male children. Parents always bear the duties of care, education and rearing of children even if they get divorced. The legality of a child's parent relationship does not affect the child rights to support. The child support right is protected by a number of remedies including civil, administrative and criminal remedies exercised by different authorities and persons. Even though the laws themselves and the remedies incorporated in various legal documents have been consistently amended to better protect the legitimate rights of children, challenges remain unresolved to certain extent such as weak enforcement or outdated provisions and especially trend of increasing number of foreign marriages between Vietnamese people and foreigners. The challenges require more coordinated efforts to address.
KW - Vietnam, child support right, child support law, the legal system of Vietnam, coordinated efforts to address
DO - 10.17248/knulaw..39.201206.117
UR - http://dx.doi.org/10.17248/knulaw..39.201206.117
ER -
Vu Cong Giao , Tran Kien (2012). Child Support Law of Vietnam. 법학논고, 39, 117 - 140.
Vu Cong Giao , Tran Kien . 2012, “Child Support Law of Vietnam”, no.39, pp. 117 - 140. Available from: doi:10.17248/knulaw..39.201206.117
Vu Cong Giao and Tran Kien “Child Support Law of Vietnam“ 법학논고 39 pp. 117 - 140. (2012): 117.
Vu Cong Giao , Tran Kien . Child Support Law of Vietnam 법학논고 [Internet]. 2012; 39, : 117 - 140. Available from: doi:10.17248/knulaw..39.201206.117
Vu Cong Giao , Tran Kien . “Child Support Law of Vietnam“ 법학논고 no.39 (2012): 117 - 140. doi: :10.17248/knulaw..39.201206.117