06-05-26 MTParners
Decree No. 282/2025/ND-CP tightens administrative penalties; Resolution No. 01/2024/NQ-HDTP fixes the minimum child-support level at half the regional minimum wage — a new “golden hoop” for parents who try to evade their post-divorce duties.
Effective from 15 December 2025, refusing or evading the obligation to provide child support and care after divorce can be sanctioned by an administrative fine ranging from VND 5,000,000 to VND 10,000,000 under the Government’s Decree No. 282/2025/ND-CP. Concurrently, the Council of Judges of the Supreme People’s Court issued Resolution No. 01/2024/NQ-HDTP setting the minimum monthly child-support amount at no less than one-half of the regional minimum wage. Together, these instruments establish an unprecedentedly strict legal framework to protect children of broken families — and a clear warning to anyone tempted to dodge responsibility.
On 30 October 2025 the Government promulgated Decree No. 282/2025/ND-CP on the handling of administrative violations in the fields of national security, social order and safety, prevention of social evils, and prevention of domestic violence. The Decree takes effect on 15 December 2025 and replaces the fragmented penalty regime that previously applied.
The most striking provision is the fine of VND 5–10 million for “refusing or evading the obligation to provide child support and care after divorce in accordance with the law”. In addition to the monetary fine, the offender must also be compelled to perform the financial-contribution and child-care obligations — meaning that competent authorities can order immediate enforcement of the duty that has been avoided.
It is also worth noting that abandoning, neglecting or failing to care for a family member who is a pregnant woman, a woman raising a child under 36 months, a person with disabilities, the elderly or a child carries a higher fine — VND 10–20 million. The maximum administrative fine for an individual in the field of domestic-violence prevention is VND 30 million. The statute of limitations for handling such violations is one year, giving the supported person ample time to file a complaint.
Before Decree No. 282, the Council of Judges of the Supreme People’s Court issued Resolution No. 01/2024/NQ-HDTP (effective 1 July 2024) guiding the application of the Law on Marriage and Family 2014. Article 7 of the Resolution states that parents shall agree on the support amount, covering all costs of raising and educating the child; failing such agreement, the Court decides based on the income, actual capacity of the obligor and the essential needs of the child.
The most important new rule: the support level set by the Court shall not be lower than one-half of the regional minimum wage at the place of residence of the person obliged to pay, per month per child. For example, in Region I (inner Hanoi and Ho Chi Minh City), where the regional minimum wage applicable from 1 July 2024 is VND 4,960,000 per month, the minimum child support is approximately VND 2,480,000 per child per month. Region II is around VND 2,205,000; Region III around VND 1,930,000; and Region IV around VND 1,725,000.
Payment may be made monthly, quarterly, semi-annually, annually or as a lump sum. When the economic circumstances of either party change, the obligor or the supported person has the right to request the Court to vary the amount — a flexible mechanism many parents are still unaware of.
Administrative fines are only the first tier. Article 186 of the Penal Code 2015 (as amended in 2017) defines the offence of “Refusing or evading the obligation to provide support”. A person who has the duty and the actual capacity to provide support but refuses or evades it — thereby placing the supported person in a situation dangerous to life or health, or who has previously been administratively sanctioned for the same conduct and re-offends — may be subject to a warning, non-custodial reform of up to 2 years, or imprisonment from 3 months to 2 years.
Therefore, the VND 10 million fine under Decree No. 282/2025 is not merely a stand-alone sanction; it can serve as a “predicate” for criminal liability if the offender repeats the violation. This is a point many people overlook when assuming they can simply “pay the fine and move on”.
In practice, many divorce judgments order child support that is never actually paid. The custodial parent — most often the mother — must shoulder schooling, medical and daily living costs alone, while the other parent “disappears”. Civil enforcement is often slow and ineffective because the obligor hides income, changes residence or switches employers.
From 15 December 2025, the custodial parent will have a faster, sharper tool: filing a request for administrative sanction with the commune-level People’s Committee or commune-level Police where the obligor resides. The sanctioning decision is a vital legal basis both to enforce immediate performance and to create an “administrative record” that paves the way for criminal prosecution if the violation continues.
Conversely, the obligor should also note: if income drops, employment is lost or illness strikes, the proper response is to proactively petition the Court to vary the support amount. Silence and evasion will be far more costly.
For the custodial parent: keep all divorce judgments/decisions, bank-transfer receipts (if any), and messages confirming the support obligation. When the obligor stops paying for two consecutive months or more, send a formal reminder; if there is no response, file a request for administrative sanction with supporting evidence. In parallel, file a civil-enforcement request to deduct from salary or bank accounts.
For the obligor: never unilaterally suspend payments because of personal disputes with the custodial parent. When financial conditions change, proactively petition the competent Regional People’s Court (under the new court structure effective 1 July 2025) to adjust the support amount. Keep bank-transfer receipts with clear notes such as “Child support for month X/202Y” as evidence of compliance.
MT & Partners Law Firm, with experienced lawyers in marriage and family law, is ready to assist clients in drafting petitions for child support, varying the support amount, requesting administrative sanctions, civil enforcement and protecting their rights at Court. Please contact our hotline 0987140772 or email info@mtpartners.vn for advice.
(*) This article is for reference only and does not replace specific legal advice.
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