In response to this situation, lawyer Dang Van Cuong, Head of Chinh Phap Law Office, said that in some cases, it is against the law for parents to collect lucky money from their children.
Vietnamese law recognizes and guarantees and protects children’s rights, including property rights. Accordingly, the Children’s Law, the Marriage and Family Law, the Civil Code all have regulations on ensuring children’s property rights,” said lawyer Cuong.
Quoting Article 75 of the Marriage and Family Law In 2014, the family lawyer said that children have the right to have their own property. Separate property here is understood as: Separately inherited property is given to the child’s own labor income and income arising from it. child’s private property and other legal income.
“Meanwhile, lucky money is money given by adults given to children during Tet, so this is a donation transaction and this money is the child’s separate property. For children under 15 years old, parents can help manage and keep the children’s money. Children aged 15 and over can manage their own lucky money according to Article 75 of the Law on Marriage and Family. Mr. Cuong said.
Continued to base on Article 77 of the Law on Marriage and Family, lawyer Dang Van Cuong stated that children aged 15 years or older have the right to manage their own property (including money). If you are under 15 years old, your personal property is managed by your parents or guardian, but the property can only be disposed of for the benefit of your child. Thus, parents cannot arbitrarily take your child’s lucky money serve other purposes (not for the benefit of the child).
If parents keep the child’s money in case of violation law can be administratively sanctioned or even prosecuted criminal liability.
According to Article 58 of Decree 144/2021/ND-CP, parents who arbitrarily take lucky money from their children for other purposes will be fined 20 – 30 million VND. error “appropriation of family member’s private property”.
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