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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
77/2001/ND-CP
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Hanoi, October 22, 2001
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DECREE
DETAILING THE
MARRIAGE REGISTRATION ACCORDING TO THE NATIONAL ASSEMBLY�S RESOLUTION No.
35/2000/QH10 ON THE IMPLEMENTATION OF THE MARRIAGE AND FAMILY LAW
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 National Assembly’s Resolution No. 35/2000/QH10 of June 9, 2000
on the implementation of the Marriage and Family Law;
In order to enhance the State management in the field of marriage and family,
ensure citizens legitimate rights and interests, then proceed to doing away
with the non-registered marriage and encourage the establishment of lawful
marriage relations;
At the proposal of the Minister of Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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a) The husband and wife relationship had been
established before January 3, 1987, the effective date of the 1986 Marriage and
Family Law, but the couples have not yet registered their marriage;
b) Men and women lived together as husband and
wife from January 3, 1987 to January 1, 2001, the effective date of the 2000
Marriage and Family Law, but they have not yet registered their marriage.
2. The provisions in Clause 1 of this Article
also cover cases where one party is a Vietnamese citizen and the other is a
citizen of a neighboring country bordering on Vietnam who has settled
permanently in Vietnam; cases where one party is a Vietnamese citizen and the
other is a stateless person residing in Vietnam, and cases where both parties
are stateless persons residing in Vietnam.
Stateless persons residing in Vietnam mentioned in this Clause are those who do not have Vietnamese nationality as well as foreign
nationality recognized by other countries and who lead a stable and permanent
life in Vietnam.
Article 2.- Marriage
registration encouragement and obligation
1. For cases where the husband and wife
relationship had been established before January 3, 1987, but the couples have
not yet registered their marriage, the State encourages and creates favorable
conditions for them to register their marriage. For these cases, the marriage
registration shall not be limited in time.
2. Men and women living together as husband and
wife from January 3, 1987 to January 1, 2001 and fully meeting the marriage
conditions prescribed in the 2000 Marriage and Family Law shall be obligated to
register their marriage. By January 1, 2003, if they still fail to register
their marriage, they shall not be recognized by law as husband and wife.
Article 3.- Recognition of
the effective date of marriage
Marriage relationship of those who register
their marriages under the provisions of this Decree shall be recognized as from
the date the involved parties established husband and wife relationship or
actually lived together as husband and wife. The recognized effective date of
marriage must be clearly inscribed in the Marriage Register and the Marriage
Certificates under the guidance of the Ministry of Justice.
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For cases defined in this Decree, marriage
registration shall be exempt from fee.
Chapter II
MARRIAGE REGISTRATION PROCEDURES
Article 5.- Competence and
procedures for marriage registration
1. The People’s Committee of the commune, ward
or district town (hereafter called the commune-level People’s Committee) of the
locality, where either of the two parties registers his/her permanent
residence, shall effect the marriage registration.
In cases where both parties have not registered
their permanent residence, but their definitive temporary residence according
to the provisions of the legislation on residence registration, the
commune-level People’s Committee of the locality where either of the two
parties registers his/her definitive temporary residence, shall effect the
marriage registration.
2. When applying for marriage registration, the
two parties shall only have to make the declaration for marriage registration
and produce their identity cards or valid substitute papers.
In their marriage registration declaration form,
the two parties shall additionally inscribe the day, month, year, when they
established husband and wife relationship or actually started living together
as husband and wife. In cases where both the husband and wife fail to determine
the date when they established husband and wife relationship or actually
started living together as husband and wife, such date shall be determined as
follows:
- If they can determine the month, but cannot
determine day, the 1st of the subsequent month shall be taken.
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Article 6.- Settlement of
marriage registration for cases where husband and wife relationship had been
established before January 3, 1987
In cases where both husband and wife permanently
or temporarily reside in the locality where they apply for marriage
registration, the People’s Committee shall effect the marriage registration as
soon as it receives the marriage registration declaration.
In cases where either of the two parties does
not permanently or temporarily resides in the locality where the couple apply
for marriage registration, but the People’s Committee knows exactly about their
marriage status, it shall immediately effect the marriage registration. When
having any doubt about whether or not the involved parties breach the
regulation on monogamy, the People’s Committee shall request them to make a
written commitment with certifications thereof by at least two witnesses. The
witnesses shall have to bear responsibility before law for the truthfulness of
their witnessing.
Article 7.- Settlement of
marriage registration in cases where men and women lived together as husband
and wife from January 3, 1987 to January 1, 2001
In cases where either of the marriage partners
does not have his/her permanent or temporary residence registration in the
locality where the couple apply for marriage registration, in their marriage
registration declaration, there must be certification of the marital status of
such person by his/her agency or unit (for officials, public employees and
people serving in the armed forces) or the commune-level People’s Committee of
the locality where he/she registers his/her permanent or temporary residence.
If both parties permanently or temporarily reside in the locality where they
apply for marriage registration, the above-mentioned certification is not required.
After receiving the marriage registration
declaration form, the People’s Committee shall conduct the inspection, if the
involved parties fully meet the marriage conditions prescribed in Article 9 of
the 2000 Marriage and Family Law, it shall immediately effect the marriage
registration. When having any doubt about whether or not either of the two
parties or both parties is or are eligible for marriage, the People’s Committee
shall request them to make written commitment with certification by at least two
witnesses. The witnesses shall have to bear responsibility before law for the
truthfulness of their witnessing.
Article 8.- Places of
marriage registration
In order to create favorable conditions for
marital parties, the marriage registration may be effected at the headquarters
of the People’s Committees or in the villages, hamlets or population groups
according to plans of the commune-level People’s Committees.
Article 9.- Recognition of
the couples’ common children
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If the blanks reserved for inscription about the
father in the birth registers and the children’s birth certificates remain
unfilled, the commune-level People’s Committees, which effected the birth
registration, shall base on the marriage certificates of the parents to make
additional inscriptions about the father in the birth registers and children’s
birth certificates, and at the same time, cross out the note
"out-of-wedlock child" in the birth registers.
Chapter III
IMPLEMENTATION PROVISIONS
Article 10.- Responsibility
of the Ministry of Justice
The Ministry of Justice shall have to assist the
Government in directing, guiding and inspecting the implementation of this
Decree.
Article 11.- Responsibility
of the People’s Committees of various levels
1. The provincial-level People’s Committees and
the district-level People’s Committees shall, within the ambit of their tasks
and powers, have to guide, direct, inspect and urge the commune-level People’s
Committees to implement this Decree.
2. The commune-level People’s Committees shall
have to:
a) Propagate, mobilize, revise and draw up list
of cases that need the marriage registration according to the provisions of
this Decree.
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c) Make accurate and timely certification of the
marital status of the marriage partners, when so requested.
d) Ensure the allocation of State budget funding
for the organization of activities relating to marriage registration mentioned
in this Decree according to the current regulations.
Article 12.- Implementation
effect
1. This Decree takes effect 15 days after its
signing.
2. The ministers, the heads of the
ministerial-level agencies, the heads of 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.
ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung