When are parental rights restricted for a minor child?

During the process of raising and caring for children, parents hold full rights and obligations in accordance with provisions of law. However, in certain special circumstances, parents may be subject to restrictions on rights in relation to a minor child, particularly in cases of divorce or when conduct occurs that seriously affects lawful interests of the child. The following content analyzes how Vietnamese law regulates this issue. For legal consultation, please contact Apolo Lawyers via email at contact@apolo.com.vn or via hotline at (+84) 979.489.879 for detailed guidance.

1. Definition of a Minor Child

Pursuant to Article 21 of the Civil Code 2015, a minor child is defined as a person who has not reached eighteen years of age. This group is considered a special subject requiring protection in terms of physical condition, mental well-being, and lawful rights.

Due to incomplete development of cognitive capacity and self-protection ability, a minor child requires direct care, upbringing, and education from parents or a lawful guardian. All decisions related to a minor child must prioritize the best interests of the child.

When are parental rights restricted for a minor child?

2. Legal Provisions on Parental Obligations in Relation to Children

According to Article 69 of the Law on Marriage and Family 2014, parents have obligations to love children, respect opinions of children, and ensure education and learning conditions in order to support healthy development in physical condition, intellectual capacity, and moral character, thereby forming responsible family members and useful citizens for society.

In addition, parents have obligations to supervise, raise, care for, and protect lawful rights and interests of a minor child, as well as an adult child who lacks civil act capacity or lacks working ability and property for self-support.

Furthermore, pursuant to Article 70 of the Law on Marriage and Family 2014, children have the right to receive love and respect from parents, to exercise lawful personal and property-related rights, to receive education, and to achieve healthy development in physical condition, intellectual capacity, and moral character.

At the same time, children also have duties to show affection, respect, gratitude, filial piety, and responsibility for supporting parents, while preserving honor and positive family traditions.

3. Legal Provisions on Restriction of Parental Rights in Relation to a Minor Child

Based on Article 85 of the Law on Marriage and Family 2014, as guided by Article 8 of Resolution No. 01/2024/NQ-HDTP, parents may be subject to restrictions on rights in relation to a minor child in one of the following cases:

Conviction for intentional crimes against life, health, dignity, or honor of a minor child
This circumstance refers to a final and legally effective court judgment convicting a parent of an intentional offense prescribed in Chapter XIV of the Criminal Code against a minor child.
Example: A parent is convicted under Article 134 of the Criminal Code for intentional infliction of bodily harm against a minor child.

Serious violation of obligations related to supervision, care, upbringing, or education
This includes failure to perform or improper and incomplete performance of obligations related to supervision, care, upbringing, or education, resulting in serious impact on lawful rights and interests of a minor child or harm to comprehensive development.
Example: A parent abandons a minor child without living conditions for self-support, leading to theft-related behavior.

Dissipation of property of a minor child
This refers to acts such as buying, selling, donating, destroying, or other conduct causing damage to property of a minor child without serving the interests of the child.

Immoral or depraved lifestyle
This refers to a lifestyle involving debauchery, moral degradation, or behavior contrary to national customs and social ethics.
Example: Participation in prostitution-related activities.

Incitement or coercion of a minor child to commit unlawful or unethical acts
This includes acts of instigation, inducement, encouragement, or coercion by words, gestures, or any form, leading a minor child to commit acts contrary to law or social morality.
Example: Inducement or coercion resulting in school dropout, theft, fraud, or illegal transportation of narcotic substances.

When one of the above circumstances exists, the court has authority to issue a decision restricting parental rights in relation to a minor child. The restriction period may be shortened if one half of the prescribed duration has been completed and no prohibited conduct occurs during the restriction period.

4. Competent Authority to Decide on Restriction of Parental Rights

The competent authority to decide on restriction of parental rights in relation to a minor child is the People Court with proper jurisdiction.

The court may issue a restriction decision upon request from:

• Relatives of the minor child;
• State authorities in charge of family management;
• State authorities in charge of child protection;
• Viet Nam Women Union.

In divorce proceedings, the court may also proactively consider restriction of parental rights if conditions fail to ensure lawful interests of a minor child.

When are parental rights restricted for a minor child?

Restriction of parental rights in relation to a minor child constitutes a necessary legal measure to protect lawful rights and interests of children. Regardless of marital status or divorce, interests of children must remain the highest priority. When serious violations of parental obligations occur, legal intervention is required to protect children as vulnerable subjects in society.

5. Legal Consequences of Restriction of Parental Rights in Relation to a Minor Child

Pursuant to Article 87 of the Law on Marriage and Family 2014, legal consequences arising from restriction of parental rights include the following:

1. When one parent is restricted by the court, the other parent exercises rights related to supervision, upbringing, care, education, management of separate property of the minor child, and legal representation.
2. Supervision, care, education, and management of separate property of a minor child are assigned to a guardian in accordance with the Civil Code and relevant laws in the following cases:
   • Both parents are restricted by the court;
   • One parent is not restricted but lacks sufficient conditions to perform rights and obligations;
   • One parent is restricted and the remaining parent has not been identified.
3. A parent subject to restriction of rights in relation to a minor child remains obligated to provide child support.

6. Legal services Apolo Lawyers provide for divorce cases

Apolo Lawyers – Solicitors & Litigators offers comprehensive legal services designed to help clients achieve a fast divorce while safeguarding their rights and interests. Our services include:

• Consulting on mutual consent and unilateral divorce procedures;

• Reviewing, drafting, and organizing all required divorce documents;

• Representing clients during negotiations on property division and child custody;

• Advising on financial settlements, spousal support, and child support;

• Assisting with recognition and enforcement of foreign divorce judgments in Vietnam;

• Representing clients before the People Court in divorce proceedings;

• Supporting post-divorce procedures, such as civil status registration updates.

With a team of experienced and dedicated lawyers, Apolo Lawyers is committed to guiding you through each stage of the divorce process, ensuring legal compliance and helping you resolve your case as quickly and smoothly as possible.

Divorce is quite a complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

>>> Read more: Seeking Legal Assistance for Unilateral Divorce Services in Vietnam

>>> Read more: How to File a Unilateral Divorce in Accordance with Vietnamese Law?