In Vietnamese families, “supporting one another” is both a moral value and a legal duty — but the law distinguishes three very different tiers of obligation. All are found in the Law on Marriage and Family No. 52/2014/QH13 (still in force). Understanding the difference between child support after divorce and supporting elderly parents helps everyone know the extent of their rights and the binding force of their duties.
Three tiers of duty under the 2014 Law on Marriage and Family
- Tier 1 — Supporting parents (Article 70(2)): children have the duty to support their parents;
- Tier 2 — Caring for and raising children (Article 71(2)): parents have the duty to care for and raise minor children or adult children lacking civil act capacity;
- Tier 3 — Maintenance (cap duong) (Articles 107, 110, 111): the maintenance obligation arising in statutory cases, typically after divorce.
A research note: maintenance is governed by Article 107 of the Law on Marriage and Family 2014 — not “Article 107 of the 2015 Civil Code”. Confusing the instrument number is a common research error to avoid.
The core difference: enforceability
Maintenance is a legal duty enforceable by execution. When the maintenance obligor does not voluntarily comply, the maintenance recipient (or their representative) may request the civil judgment enforcement authority to enforce it — monthly maintenance is a quantifiable, verifiable and enforceable obligation.
By contrast, supporting parents is a moral-legal duty: the law recognises it, but it is hard to enforce quantitatively. No enforcement decision can “measure” whether a child has supported their parents “enough” the way monthly maintenance can be quantified — because supporting parents encompasses spiritual care, visits and day-to-day material support.
Quick comparison
- Nature: maintenance — a specific financial duty, usually monthly; parental support — a moral-legal duty of care embedded in daily life;
- Basis: maintenance — Articles 107, 110, 111 (divorce, parent-child relations); parental support — Article 70(2);
- Enforcement: maintenance — enforceable through judgment enforcement authorities; parental support — hard to enforce quantitatively.
Practical notes
- After divorce: agree on, or ask the court to set, a clear monthly child maintenance amount as a basis for later enforcement;
- For elderly parents: support is a legal duty but performed mainly through conscience and family ethics — disputes over parental support are rarely resolved effectively through coercion;
- Cite the right instrument: all three tiers above sit in the Law on Marriage and Family 2014, not in the Civil Code.
Frequently asked questions
What happens if child maintenance is not paid?
Maintenance is a legal duty that may be coercively enforced under the law on civil judgment enforcement.
Can a child be punished for not supporting elderly parents?
The law recognises the support duty (Article 70(2)), but it is hard to enforce quantitatively — performance depends mainly on the child conscience.
Legal bases: Law on Marriage and Family 52/2014/QH13 (Article 70(2), Article 71(2), Articles 107, 110, 111).
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The information above is for reference only and does not constitute legal advice. Each specific situation should be assessed separately by a lawyer.
The legal content of this article was reviewed by FLAT’s AI Legal Council and submitted to the owner for approval; this is not the opinion of a human lawyer and does not replace legal advice for specific cases.