Visitation Rights After Divorce in Vietnam

Divorce is something nobody desires, and the issue regarding custody as well as visitation rights is always a complex topic that easily gives rise to disputes. In many cases, the parent who directly raises the child intentionally prevents the other person from meeting and caring for the child. With specialized experience in the field of marriage and family. Through this article, Apolo Lawyers would like to discuss Vietnamese regulations on visitation rights of a parent who does not directly raise the child and the sanctions for acts that obstruct this right. Clients can contact our Hotline at +84 979.489.879 to receive the best consultation and support from Apolo Lawyers.

1. Regulations of the law regarding visitation rights for children

According to the Law on Marriage and Family of the year 2014, after divorce, parents still have the full rights and obligations to look after, care for, nurture, and educate children.

For the person who does not directly raise the child, the law clearly recognizes the visitation right in order to ensure the normal psychological and physiological development of the child by allowing the parent who does not directly raise the child to meet and care for the child to compensate for emotional deficits when the child is not raised by both parents together.

Specifically, Article 82 stipulates that the person who does not directly raise the child has the right and obligation to visit the child, and no one is allowed to obstruct this. In addition, Article 83 also reiterates that the person who directly raises the child along with members of the family does not have the right to obstruct the person who does not directly raise the child in visiting, caring for, nurturing, and educating the child.

However, if the visitation negatively affects the care, education, and nurturing of the child, the person who directly raises the child has the right to request the court to issue a decision to restrict the visitation right of the other person.

Visitation Rights After Divorce in Vietnam

2. Handling sanctions for acts of obstructing visitation rights

The law in Vietnam has very clear penalizing regulations for acts that intentionally prevent or refuse the lawful visitation rights of a father or a mother.

Depending on the level of violation, the person committing the obstructive act will have to bear strict administrative sanctions.

Based on Decree 282/2025/ND-CP, Article 42 stipulates a fine ranging from 5,000,000 VND to 10,000,000 VND for acts that prevent the rights to visit and care between parents and children.

3. Legal solutions when facing obstruction of visitation rights for children

When facing obstruction of visitation rights, the person who does not directly raise the child can apply the following measures to protect lawful and legitimate interests:

• Negotiation and mediation: Communicate directly with the person who is directly raising the child, and clearly explain the regulations of the law to find a common voice for the best development of the child.

• Request intervention from authorities: If the agreement fails, the person who does not directly raise the child can submit a report to the Committee of the People at the commune/ward level or the local police agency in the area where the person who directly raises the child resides to request support or penalize administrative violations according to regulations.

• Request resolution from the civil judgment enforcement agency: If the judgment or the divorce decision from the court has recognized the visitation right, you have the right to submit a request to the civil judgment enforcement agency to organize enforcement, compelling the other party to strictly execute the judgment.

• File a lawsuit to request a change of the person who directly raises the child: The visitation right without obstruction is a right recognized in the Law on Marriage and Family of the year 2014 to ensure that the child after divorce still receives attention and care from both the father and the mother.

• If it can be proven that the act of obstructing the visitation right seriously affects the rights and the development of the child, the person who does not directly raise the child has the full right to file a lawsuit requesting the court to change the custody rights.

Visitation Rights After Divorce in Vietnam

4. Legal consultation services regarding Marriage and Family

If there are any remaining questions regarding the regulations in the law on marriage and family, as well as any other legal field, clients can contact Apolo Lawyers via our email contact@apolo.com.vn or our hotline at +84 979.489.879 to receive the best consultation and support.

We are a law firm operating on a foundation that prioritizes prestige and the spirit of responsibility. Our lawyers are individuals with a high level of professional expertise, having long-standing experience in the profession, and always working with dedication and enthusiasm. Information from customers is kept absolutely confidential by us. And the important thing that brings success to us is that we always bring peace of mind and maximum benefits to customers in every single case.

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