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THE
NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
35/2000/QH10
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Hanoi, June 09, 2000
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RESOLUTION
ON THE
IMPLEMENTATION OF THE MARRIAGE AND FAMILY LAW
THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Article 84 of the 1992
Constitution of the Socialist Republic of Vietnam,
RESOLVES:
1. The Marriage and Family Law of the Socialist
Republic of Vietnam adopted by the National Assembly on June 9, 2000 is called
the 2000 Marriage and Family Law.
2. The Government, the Supreme People’s Court
and the Supreme People’s Procuracy shall, within the scope of their respective
functions, tasks and powers, organize on their own or jointly the revision of
existing provisions of the marriage and family legislation in order to make
repeals, amendments, supplements or new ones, propose the National Assembly and
the National Assembly Standing Committee to make repeals, amendments,
supplements or new ones in order to make them comply with this Law and ensure
the effect of this Law from January 1st, 2001.
3. Clause 1, Article 11 of this Law is applied
as follows:
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b/ Men and women living together as husband and
wife from January 3, 1987 to January 1st, 2001 and fully meeting the marriage
conditions prescribed by this Law are obliged to register their marriage within
two years, from the effective date of this Law to January 1st, 2003; if during
this time limit they do not register their marriage and instead apply for
divorce, the Court shall apply the divorce provisions of the 2000 Marriage and Family
Law to the settlement thereof.
After January 1st, 2003, if they still fail to
register their marriage, they shall not be recognized at law as husband and
wife.
c/ As from January 1st, 2001, except for cases
prescribed at Points a and b, Clause 3 of this Resolution, if a man and a woman
live together as husband and wife without marriage registration, they shall not
be recognized at law as husband and wife; if they apply for divorce, the Court
shall process their case and declare not recognizing their husband and wife
relation; if there are any requests regarding children and property, the Court
shall apply Clauses 2 and 3, Article 17 of the 2000 Marriage and Family Law to
the settlement thereof.
4. The Court’s application of the marriage and
family legislation to the settlement of marriage and family cases is prescribed
as follows:
a/ For cases processed and handled by the Court
before January 1st, 2001, the 1986 Marriage and Family Law shall apply.
b/ For cases processed and handled by the Court
as from January 1st, 2001, the 2000 Marriage and Family Law shall apply.
c/ The 2000 Marriage and Family Law and this
Resolution shall not be applied to lodge protests according to the cassation or
trials review procedures against cases already settled by the Court through the
application of the 1986 Marriage and Family Law.
5. The National Assembly Standing Committee, the
Government, the Supreme People’s Court and the Supreme People’s Procuracy shall,
within the scope of their respective functions, tasks and powers, detail and
guide the implementation of this Resolution.
The Government, the Supreme People’s Court and
the Supreme People’s Procuracy shall, within the scope of their respective
functions, tasks and powers, have to coordinate with the Central Committee of
Vietnam Fatherland Front and the Front’s member organizations in widely
popularizing and disseminating the Marriage and Family Law with a view to
promoting its effect in building and consolidating the Vietnamese prosperous,
equal, progressive, happy and lasting families.
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CHAIRMAN OF THE NATIONAL ASSEMBLY
Nong Duc Manh