THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
87/2001/ND-CP
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Hanoi,
November 21, 2001
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DECREE
ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE FIELD
OF MARRIAGE AND FAMILY
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Law on Marriage and Family of June 9, 2000;
Pursuant to the Ordinance on Handling of Administrative Violations of July 6,
1995;
At the proposal of the Justice Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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2. Individuals and organizations that
intentionally or unintentionally violate the regulations on marriage and
family, but not seriously enough for penal liability examination, shall be
sanctioned according to the provisions of this Decree.
Foreign individuals and organizations that
commit acts of administrative violation in the field of marriage and family on
the territory of the Socialist Republic of Vietnam, which are related to the
marriage and family relationships involving foreign elements as prescribed in
the Vietnamese legislation on marriage and family, shall be sanctioned
according to the provisions of this Decree, except otherwise provided for by
the international treaties which Vietnam has signed or acceded to.
3. For acts of violating the public-mission
regime by officials and public employees while performing their assigned tasks
in the field of marriage and family, which, however, are not serious enough for
penal liability examination, such officials and public employees shall be
disciplined according to the provisions of the legislation on officials and
public employees.
Article 2.- Principles
for sanctioning administrative violations
The principles for sanctioning administrative
violations in the field of marriage and family shall comply with the provisions
of Article 3 of the Ordinance on Handling of Administrative Violations.
The sanctioning of administrative violations in
the field of marriage and family chiefly aims to educate violating individuals
and organizations, so that they realize and voluntarily redress their
wrong-doings or perform the law-prescribed obligations or stop their
law-breaking acts, and to make general deterrence and prevention.
The sanctioning of administrative violations in
the field of marriage and family against violators who are ethic minority
people currently living in deep-lying or remote regions shall be properly
applied with the influence and impact of their traditions and customs taken
into consideration.
Article 3.- Statute of
limitations for sanctioning
1. The statute of limitations for sanctioning
administrative violations in the field of marriage and family shall be one year
after administrative violations are committed.
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Within the time limits prescribed in Clauses 1
and 2 of this Article, if violators commit new administrative violations in the
field of marriage and family or intentionally shirk or obstruct the
sanctioning, the statute of limitations for sanctioning shall not apply. The
statute of limitations for sanctioning shall be recounted from the time when
the new administrative violations are committed or the time when the violators
stop their acts of shirking or obstructing the sanctioning.
Article 4.-
Administrative violation sanctioning forms
1. For each administrative violation in the
field of marriage and family, the violating individual and/or organization
shall be subject to one of the following principal sanctioning forms:
a/ Warning;
b/ Fine.
2. Depending on the nature and seriousness of
their violations, the violating individuals and organizations may also have
material evidences and violation means confiscated or be stripped of the right
to use licenses and/or permits.
Apart from the above-said sanctioning forms,
violators shall, on a case-by-case basis, be compelled to carry out one of the
following measures: forcible financial support, forcible payment of damages on
offspring’s behalf, forcible performance of guardian’s obligations as
prescribed by law.
3. In cases where fines are applied, the
specific fine level for an administrative violation involving neither
aggravating nor extenuating circumstances specified in Articles 7 and 8 of the
Ordinance on Handling of Administrative Violations, shall be the average level
of the fine bracket. For case of violations involving extenuating
circumstances, the lower fine levels may be imposed, but such levels must not
be lower than the minimum level of the fine bracket. Violations involving
aggravating circumstances may be subject to higher fine levels, but such levels
must not exceed the maximum level of the fine bracket. For cases where a
violation involves both aggravating and extenuating circumstances, a fine level
higher or lower than the average level or the average level may be applied,
depending on the nature and degree of such aggravating and extenuating circumstances.
Article 5.- Duration
past which sanctioned violators shall be considered having never been
sanctioned for administrative violations
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Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION IN THE FIELD OF MARRIAGE AND FAMILY, SANCTIONING FORMS AND LEVELS
Article 6.- Acts of
entering into underage marriage or organizing underage marriage
A warning or a fine of between VND 50,000 and 200,000
shall be imposed for one of the following acts:
a/ Deliberately maintaining illegal conjugal
relationship with another person, who has not yet reached the marriage age,
though there has been a court ruling compelling the termination of such relationship;
b/ Organizing the marriage for persons who have
not yet attained the marriage age.
Article 7.- Acts of
forcing marriage or divorce or hindering voluntary and progressive marriage
A warning or a fine of between VND 50,000 and
200,000 shall be imposed for one of the following acts:
a/ Forcing others into marriage or divorce by
persecuting, ill-treating, mentally intimidating them or by other means;
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Article 8.- Acts of
violating regulations on marriage ban or monogamy regime
1. A fine of between VND 100,000 and 500,000
shall be imposed for one of the following acts:
a/ Married person entering into marriage or
living with another person like husband or wife but such act has not yet caused
serious consequences;
b/ Unmarried person entering into marriage or
living with another person, who he/she knows is a married person, but such act
has not yet caused serious consequences;
c/ Marriage between relatives within three
generations;
d/ Marriage between foster parents and adopted
children;
e/ Marriage between persons who were once foster
parents and their adopted children, between fathers-in-law and
daughters-in-law, between mothers-in-law and their sons-in-law, between
step-fathers and daughters of their wives previous marriages, between step
mothers and sons of their husbands previous marriages;
f/ Marriage between persons of the same sex.
2. Additional sanctioning forms and other
measures:
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Article 9.- Acts of
violating regulations on marriage registration
1. A fine of between VND 200,000 and 500,000
shall be imposed for acts of modifying or falsifying contents of or forging
papers for marriage registration, which, how-ever, are not serious enough for
penal liability examination; deliberately making false declarations or taking
other deceitful acts when making marriage registration.
2. Additional sanctioning forms and other
measures:
Confiscating and destroying papers, which have
been modified or falsified, or forged papers, for violations prescribed in Clause
1 of this Article.
Article 10.- Acts of
violating regulations on parent-children relationship
A fine of between VND 100,000 and 500,000 shall
be imposed for acts of shirking the obligation to care for and foster children,
abusing labor of minor children, or inciting or forcing children to do things
in contravention of laws, which, however, are not serious enough for penal
liability examination.
Article 11.- Acts of
ill-treating or persecuting one’s family members or fosterers
A fine of between VND 200,000 and 500,000 shall
be imposed for acts of ill-treating or persecuting grand parents, parents,
fosterers or other family members, provided that such acts have not yet caused
serious consequences.
Article 12.- Acts of
violating regulations on financial support provision
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2. A warning or a fine of between VND 50,000 and
200,000 shall be imposed for acts of refusing or shirking the obligation to
provide financial support to one’s parents, or post-divorce financial support
for children as prescribed by law.
Article 13.- Acts of
violating regulations on guardianship
A warning or a fine of between VND 20,000 and
100,000 shall be imposed for acts of shirking or failing to perform the
guardians obligation after the procedures for recognizing the guardianship are
carried out at the People’s Committees of communes, wards or district townships
according to the provisions of law.
Article 14.- Acts of
violating regulations on child adoption
1. A fine of between VND 200,000 and 500,000
shall be imposed for acts of modifying or falsifying contents of or forging
papers for purposes of registering child adoption, which, however, are not
serious enough for penal liability examination; deliberately making false
declarations or committing other deceitful acts when registering child
adoption.
2. A fine of between VND 1,000,000 and 2,000,000
shall be imposed on organizations engaged in child adoption activities, which
commit one of the following acts:
a/ Violating regulations on registration of
operations at the local competent State agencies;
b/ Failing to notify the competent State
agencies at localities where they are established of changes in the names
and/or heads of their organizations, or relocation of their headquarters.
3. A fine of between VND 3,000,000 and 5,000,000
shall be imposed on organizations engaged in child adoption activities, which
commit one of the following acts:
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b/ Modifying, falsifying or forging dossiers
and/or documents for purpose of being granted operation permits, which,
however, are not serious enough for penal liability examination;
c/ Changing heads of Vietnam-based foreign child
adoption offices without permission of the competent State agencies, or
changing the operation scope, contents and/or locations in Vietnam;
d/ Continuing operations after their permits
expire;
e/ Earning illicit profits or taking
profit-seeking acts related to the recommendation of children to be adopted.
4. Additional sanctioning forms and other
measures:
a/ Confiscating and destroying forged papers,
modified or falsified papers, for violations prescribed in Clause 1 and Point
b, Clause 3 of this Article;
b/ Stripping of the right to use permits for 6
months or stripping of the right to use permits for indefinite time, for
violations prescribed at Point e, Clause 3 of this Article.
Article 15.- Acts of
violating regulations on the right to visit and give care to children after
divorce
A warning or a fine of between VND 20,000 and
100,000 shall be imposed for acts of frequently hindering persons who do not
directly foster children from visiting and giving care to them after divorce,
except for cases where the parents’ right to visit and give care to their
children is restricted according to a court ruling.
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1. Persons who violate the provisions of Clause
1, Article 9, Article 12 and Clause 1 of Article 14 of this Decree shall, apart
from being administratively sanctioned according to the provisions of the said
Articles, be subject to necessary measures proposed by the agencies with
sanctioning competence to the competent court for decision on application
thereof according to the provisions of law.
2. Persons, who violate the provisions of
Articles 6 and 7, Points a and b, Clause 1, Article 8, Articles 11 and 12 of
this Decree, thus causing serious consequences, or who have been
administratively sanctioned but relapse into violations, shall be examined for
penal liability according to the provisions of the 1999 Penal Code.
Chapter III
SANCTIONING COMPETENCE
AND PROCEDURES
Section I - SANCTIONING
COMPETENCE
Article 17.- Competence
to sanction administrative violations of the presidents of the People�s
Committees of all levels
1. Presidents of the People’s Committees of
communes, wards or district townships have the right to:
a/ Serve warnings;
b/ Impose fines of up to VND 200,000 each;
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2. Presidents of the People’s Committees of
rural districts, urban districts, provincial capitals or towns have the right
to:
a/ Serve warnings;
b/ Impose fines of up to VND 2,000,000 each;
c/ Confiscate material evidences and/or means
involved in administrative violations.
3. Presidents of the People’s Committees of the
provinces or centrally-run cities have the right to:
a/ Serve warnings;
b/ Impose fines of up to the highest level
prescribed in Chapter II of this Decree;
c/ Confiscate material evidences and/or means
involved in administrative violations;
d/ Strip of the right to use permits.
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Article 18.- Stopping
violation acts and making written records on administrative violations
Upon detecting administrative violations in the
field of marriage and family, the persons with sanctioning competence, defined
in Article 17 of this Decree shall have to request the violating individuals
and/or organizations to immediately stop their administrative violation acts or
to perform the law-prescribed obligations, and promptly make written records
thereon, except for cases where the sanctioning is effected according to simple
procedures. The form and mode of making written records shall comply with the
provisions of Article 47 of the Ordinance on Handling of Administrative
Violations. For each case, one copy of written record thereon, after being
made, must be handed to the violating individual or organization. In cases
where an administrative violation falls beyond the sanctioning competence of
the written record maker, such written record must be immediately sent to the
competent person for handling.
Article 19.-
Administrative violation-sanctioning decisions
1. Within 15 days after making written records,
the competent persons shall have to issue sanctioning decisions. For violations
involving complicated factors, the above-said time limit may be extended but
must not exceed 30 days. The form and content of sanctioning decisions must
comply with the provisions in Clause 2, Article 48 of the Ordinance on Handling
of Administrative Violations.
2. A sanctioning decision shall take effect
after its signing, except for cases where the effective date is prescribed in
such decision.
3. The fine collection and payment, the fine
management regime shall comply with the State�s
current regulations.
Article 20.-
Sanctioning administrative violations according to simple procedures
In cases where an administrative violation is
sanctioned in form of warning or fine of VND 20,000, the person with
sanctioning competence shall not make a written record thereon but issue an
on-the-spot sanctioning decision.
Article 21.- Execution
of administrative violation-sanctioning decisions
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2. The sanctioned individuals and organizations
shall have to execute the sanctioning decisions within 5 days after being handed
such sanctioning decisions, except for cases where the execution time limits
are inscribed in the decisions.
3. Individuals and organizations sanctioned for
their administrative violations, that deliberately fail to abide by the
sanctioning decisions, shall be coerced to do so and have to pay all expenses
for organizing the application of coercive measures. The persons with
sanctioning competence may issue coercive decisions and are tasked to organize
the coercion. The people�s
police forces shall have to execute coercive decisions of the presidents of the
People�s Committees of
the same level.
The procedures for coercing the execution of
administrative violation-sanctioning decisions shall comply with the provisions
of law.
Chapter IV
COMPLAINTS, DENUNCIATIONS
AND HANDLING OF VIOLATIONS
Article 22.-
Complaints, denunciations and settlement thereof
1. Individuals and organizations sanctioned for
administrative violations or their lawful representatives may lodge complaints about
sanctioning decisions of the competent persons when having grounds to believe
that such sanctioning decisions are unlawful or infringe upon their legitimate
rights and interests.
2. Citizens may denounce administrative
violations committed by individuals and organizations as well as law-breaking
acts of the persons with administrative violation-sanctioning competence to the
competent State agencies.
The competence, procedures and time limit for
settling complaints and denunciations shall comply with the provisions of the
December 2, 1998 Law on Complaints and Denunciations.
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1. Individuals and organizations that record
merits in the detection, prevention and/or sanctioning of administrative violations
in the field of marriage and family shall be commended and/or rewarded
according to the common regime of the State.
2. Persons with the administrative violation-
sanctioning competence, who cause troubles, tolerate or cover up violators,
fail to sanction or fail to promptly or properly sanction violations, sanction
violations ultra vires, shall, depending on the nature and seriousness of their
violations, be disciplined or examined for penal liability. If material damage
is caused, compensations therefor must be made according to provisions of law.
Chapter V
IMPLEMENTATION PROVISIONS
Article 24.-
1. This Decree takes
effect 15 days after its signing.
2. To annul Point a, Clause 2, Article 26 of the
Government’s Decree No. 49/CP of August 15, 1996 on sanctioning administrative
violations in the field of security and order.
Article 25.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai