Chương IV Luật Hôn nhân và Gia đình 2000: Quan hệ giữa cha mẹ và con

Chapter IV

RELATIONSHIP BETWEEN PARENTS AND CHILDREN

Article 34.- Obligations and rights of parents

1. Parents have the obligations and rights to love, look after, rear, care for, and protect the legitimate rights and interests of, their children; respect their children’s opinions; attend to the study and education of their children so as to ensure their healthy development in all physical, intellectual and moral aspects to become pious children of the family and useful citizens of the society.

2. Parents must not discriminatorily treat, ill-treat or persecute their children, or hurt their honor; must not abuse the labor power of their minor children; must not incite or compel their children to act against law and social morality.

Article 35.- Obligations and rights of children

Children have the duty to love, respect, show gratitude and piousness to, their parents, pay heed to the good advices of their parents, preserve the good traditions and prestige of their family.

Children have the obligations and rights to care for and support their parents.

Children are strictly forbidden to ill-treat, persecute or hurt the honor, of their parents.

Article 36.- Obligations and rights to care for and support

1. Parents have the obligations and rights to jointly care for and raise their minor children or adult children who are disabled, have lost their civil act capacity, have no working capacity and no property to support themselves.

2. Children have the obligations and rights to care for and support their parents, especially when their parents fall sick, become senile or disabled; where a family has several children, the children must together care for and support their parents.

Article 37.- Obligations and rights to educate children

1. Parents have the obligations and rights to educate their children, attend to and create conditions for their study.

Parents create conditions for their children to live in a happy and harmonious family environment, set good examples for their children in every aspect, work closely with the school and social organizations in educating their children.

2. Parents guide their children to select professions; respect their children’s rights to select professions and participate in social activities.

3. When facing difficulties which cannot be solved by themselves, parents may request concerned agencies and organizations to assist in educating their children.

Article 38.- Obligations and rights of or stepfathers, stepmothers and stepchildren

1. Stepfathers or stepmothers have the obligations and rights to look after, rear, care for, and educate cohabiting stepchildren according to the provisions in Articles 34, 36 and 37 of this Law.

2. Stepchildren have the obligations and rights to care for and support cohabiting stepfathers or stepmothers according to the provisions in Articles 35 and 36 of this Law.

3. Stepfathers, stepmothers and stepchildren must not ill-treat, persecute or hurt the honor of, one another.

Article 39.- Representation for children

Parents are representatives at law of their minor children or adult children who have lost their civil act capacity, except for cases where the children have other persons as their guardians or representatives at law.

Article 40.- Making compensation for damage caused by children

Parents must pay compensation for damage caused by their minor children or adult children who have lost their civil act capacity, as provided for in Article 611 of the Civil Code.

Article 41.- Restrictions on fathers’ and/or mothers’ rights toward their minor children

When fathers and/or mothers are sentenced for one of the crimes of deliberately infringing upon the health, dignity or honor of their children or commit acts of seriously breaching their obligations to look after, care for, rear and educate their children; dissipate property of their children; lead a debauched life; incite or force their children to act against law or social morality, the Court may, on the case-by-case basis, make decisions by itself or at the request of the individuals, agencies or organizations prescribed in Article 42 of this Law, to disallow such parents to look after, care for and educate their children or manage the personal property of their children or act as their children’s representatives at law for a time limit of between one and five years. The Court may also consider to shorten this time limit.

Article 42.- People entitled to request the Court to restrict fathers’ and/or mothers’ rights toward their minor children

1. Fathers, mothers or relatives of minor children have the right, as prescribed by the civil procedure legislation, to request the Court by themselves or propose the Procuracy to request the Court to restrict certain rights of fathers and/or mothers toward their minor children.

2. The Procuracy has the right, as prescribed by the civil procedure legislation, to request the Court to restrict certain rights of fathers and/or mothers toward their minor children.

3. The following agencies and organizations have the right, as prescribed by the civil procedure legislation, to request the Court by themselves or propose the Procuracy to request the Court to restrict certain rights of fathers and/or mothers toward their minor children:

a/ The child protection and care committees;

b/ The women’s unions.

4. Other individuals, agencies and organizations have the right to propose the Procuracy to consider and request the Court to restrict certain rights of fathers and/or mothers toward their minor children.

Article 43.- Legal consequences of the restrictions on the fathers’ and/or mothers’ rights toward their minor children

1. Where either parent has his/her certain rights toward his/her minor children restricted by the Court, the other parent exercises her/his right to look after, rear, care for and educate the children, manage the children’s personal property and acts as their representative at law.

2. Where both parents have their rights toward their minor children restricted by the Court, a guardian shall be assigned to look after, care for and educate the children and manage the children’s personal property according to the provisions of the Civil Code and this Law.

3. Fathers and/or mothers who have their rights toward their minor children restricted by the Court still have to perform the obligations to rear their children.

Article 44.- Children’s right to have personal property

1. Children have the right to have personal property. A child’s personal property includes property inherited or given solely to him/her, incomes from his/her labor, yields and profits arising from his/her personal property and other lawful incomes.

2. Children aged from full fifteen years or older and still living with their parents are obliged to take care of their family’s life; and contribute their incomes, if any, to meeting their family’s essential needs.

Article 45.- Management of children’s personal property

1. Children aged from full fifteen years or older may manage by themselves or ask their parents to manage their personal property.

2. Personal property of children who are under fifteen years old or have lost their civil act capacity shall be managed by their parents. Parents may authorize other persons to manage their children’s personal property.

3. Parents shall not manage their children’s personal property if the persons giving or bequeathing under testament such property to their children have designated other persons to manage such property or in other cases prescribed by law.

Article 46.- Disposition of minor children’s personal property

1. Parents who manage their under-fifteen children’s personal property have the right to dispose of such property in the interests of their children, taking into account the desire of the children if they are aged full nine years or older.

2. Children aged between full fifteen and under eighteen years shall have the right to dispose of their personal property; if the property is of big value or if used for business activities, the disposal thereof must be agreed upon by their parents.