In Vietnam, is it possible to initiate a lawsuit against my son and my daughter-in-law for not having babies?

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Question date: 10/06/2022

Is it possible to initiate a lawsuit against my son and my daughter-in-law for not having babies? What are the principles contents to initiate a lawsuit? I have a married son. However, he and his wife still don't want to have babies. Can I sue them and make them give birth to babies then? Thank you.

    • In Vietnam, is it possible to initiate a lawsuit against my son and my daughter-in-law for not having babies?
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    • Is it possible to initiate a lawsuit against my son and my daughter-in-law for not having babies?

      Pursuant to Article 186 in the Code of Civil Procedure in 2015 stipulating the right to institute cases:

      Agencies, organizations and individuals are entitled to institute cases by themselves or through their lawful representatives (hereinafter referred to as the litigators) at competent Courts to request the protection of their legitimate rights and interests.

      Pursuant to Article 69 in the Law on Marriage and Family in 2014 stipulating obligations and rights of parents:

      1. To love, and respect opinions of, their children; to attend to the study and education of their children to ensure their healthy physical, intellectual and moral development in order to become dutiful children of the family and useful citizens of the society.

      2. To look after, raise, care for, and protect the lawful rights and interests of their minor children and adult children who have lost their civil act capacity or have no working capacity and no property to support themselves.

      3. To act as the guardian of or represent in accordance with the Civil Code their minor children or adult children who have lost their civil act capacity.

      4. Not to discriminatorily treat their children due to their gender or the marital status of the parents; not to abuse the labor of their minor children or adult children who have lost their civil act capacity or have no working capacity; not to incite or force their children to act against law or social ethics.

      Pursuant to Article 70, 80 in the Law on Marriage and Family in 2014 stipulating obligations and rights of children, daughters-in-law, sons-in-law and parents-in-law:

      Article 70. Rights and obligations of children

      1. To be loved and respected by their parents and perform and enjoy their lawful personal and property rights and interests in accordance with law; to study and be educated; to be entitled to healthy physical, intellectual and moral development.

      2. To love, respect, show gratitude and dutifulness to and support their parents, to preserve the honor and good traditions of their family.

      3. For minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves, to live with their parents, to be looked after, nursed and cared for by their parents. For minor children, to do housework suitable to their age and not in contravention of the law on protection, care for and education of children.

      4. For adult children, to select at their free will professions and places of residence, to study and raise their educational level and professional qualifications and skills; to participate in political, economic, cultural and social activities according to their aspirations and abilities. When living with their parents, to do housework and participate in working, production and income-generating activities to ensure the common life of the family; to contribute their incomes to meeting the family’s needs suitable to their capacity.

      5. To enjoy property rights corresponding to their contributions to the family’s property.

      Article 80. Rights and obligations of daughters-in-law, sons-in-law and parents-in-law

      In case a daughter- or son-in-law lives with her/his parents-in-law, all parties have the rights and obligations to respect, attend to, care for, and assist one another according to Articles 69, 70, 71 and 72 of this Law.

      As above regulations, having babies is not the right of parents and the obligation of children, daughters-in-law, sons-in-law and parents-in-law.

      What are the principles contents to initiate a lawsuit?

      Pursuant to Clause 4 Article 189 in the Code of Civil Procedure in 2015 stipulating principles contents of a lawsuit:

      a) Date of its making;

      b) Name of the Court receiving the lawsuit petition;

      c) Name, place of residence, place of work of the litigator (applicable to litigators being individuals) or head office of the litigator (applicable to litigators being agencies/organizations); phone number, fax and e-mail address (if any).

      If the parties reach agreement on an address for the Court to contact, such address shall be specified;

      d) Name, place of residence, place of work of person whose interests and duties are protected (applicable to individuals) or head office of person whose interests and duties are protected (applicable to agencies and organizations); phone number, fax and e-mail address (if any);

      dd) Name, place of residence, place of work of the defendant (applicable to individuals) or head office of the defendant (applicable to agencies/organizations); phone number, fax and e-mail address (if any). If the place of residence, place of work or head office of the defendant is indefinite, the last place of residence, place of work or head office of the defendant shall be specified;

      e) Name, place of residence, place of work of person with relevant interests and duties (applicable to individuals) or head office of person with relevant interests and duties (applicable to agencies and organizations); phone number, fax and e-mail address (if any).

      If the place of residence, place of work or head office of the person with relevant interests and duties is indefinite, the last place of residence, place of work or head office of the defendant shall be specified;

      g) Lawful interests and duties of the litigator that are infringed upon; specific matters of the defendant, person with relevant interests and duties that are applied for resolution by the Court;

      h) Names and addresses of witnesses (if any);

      i) List of documents and/or evidences accompanied with lawsuit petitions.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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