|
THE
NATIONAL ASSEMBLY
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
|
|
No:
22/2000/QH10
|
Hanoi,
June 09, 2000
|
LAW
THE MARRIAGE AND FAMILY
PREAMBLE
Families constitute cells of the society,
cradles where men are brought up, and an important environment for personality
formation and education, contributing to the construction and defense of the
Fatherland. Good families make good society, good society makes better
families.
In order to enhance the role of families in the social life, preserve and
promote the fine traditions, customs and practices of the Vietnamese people,
abolish backward customs and practices regarding marriage and family;
In order to raise the responsibilities of citizens, the State and the society
in the building and consolidation of the Vietnamese marriage and family regime;
To inherit and develop the Vietnamese marriage and family legislation;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This Law provides for the marriage and family regime.
Chapter I
GENERAL PROVISIONS
Article 1.- Missions and
scope of application of the Marriage and Family Law
The Marriage and Family Law has the missions to
contribute to building, perfecting and protecting the progressive marriage and
family regime, formulate legal standards for the conducts of family members;
protect the legitimate rights and interests of family members; inherit and
promote the fine ethical traditions of the Vietnamese families in order to
build prosperous, equal, progressive, happy and lasting families.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 2.- Basic principles
of the marriage and family regime
1. Voluntary, progressive and monogamous
marriage in which husband and wife are equal.
2. Marriage between Vietnamese citizens of
different nationalities and/or different religions, between religious and
non-religious people, and between Vietnamese citizens and foreigners is
respected and protected by law.
3. Husband and wife are obliged to implement the
population and family planning policy.
4. Parents are obliged to bring up their
children into citizens useful for the society; children are obliged to respect,
care for and support their parents; grand-children are obliged to respect, care
for and support their grandparents; family members are obliged look after, care
for and help one another.
5. The State and society shall not accept the
discrimination among children, between sons and daughters, between biological
and adopted children, between in-wedlock and out-of-wedlock children.
6. The State, society and families have the duty
to protect women and children, and help mothers to well fulfill their lofty
motherhood functions.
Article 3.- The State’s and
society’s responsibilities for marriage and family
1. The State adopts policies and measures to
create conditions for male and female citizens to establish voluntary and
progressive marriage and for families to fulfill their functions; intensify the
dissemination and popularization of the marriage and family legislation;
mobilize people to abolish backward customs and practices related to marriage
and family, promote fine traditions, customs and practices embodying the
identity of each nationality; build up progressive marriage and family
relations.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Schools shall coordinate with families in
educating, disseminating and popularizing the marriage and family legislation
among the young generations.
Article 4.- Protection of
the marriage and family regime
1. Marriage and family relations conforming to
this Law are respected and protected by law.
2. Underage marriage, forcing marriage,
hindering voluntary and progressive marriage, feigned marriage, deceiving other
persons into marriage or divorce; forcing divorce, feigned divorce; property
demand for wedding are all forbidden.
A married person is forbidden to marry or live
with another person as husband or wife and an unmarried person is forbidden to
marry or live with a married person as husband or wife.
Ill-treatment and persecution against
grandparents, parents, spouses, children, grandchildren, siblings or other
family members are forbidden.
3. All acts of violating the marriage and family
legislation must be handled promptly, strictly and in accordance with law.
Agencies, organizations and individuals have the
right to request the Court or other competent bodies to take measures to
promptly stop and severely handle those who commit acts of violating the
marriage and family legislation.
Article 5.- Application of
the provisions of the Civil Code
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 6.- Application of
marriage and family-related customs and practices
In marriage and family relations, the customs
and practices embodying the identity of each nationality and not running
counter to the principles laid down in this Law are respected and promoted.
Article 7.- Application of
the marriage and family legislation to the marriage and family relations
involving foreign elements
1. The provisions of the marriage and family
legislation of the Socialist Republic of Vietnam shall be applicable to the
marriage and family relations involving foreign elements, except otherwise
provided for by this Law.
2. Where an international agreement which the
Socialist Republic of Vietnam has signed or acceded to contains provisions
different from this Law’s provisions, the provisions of such international
agreement shall apply.
Article 8.- Interpretation
of terms
In this Law the following terms are construed as
follows:
1. The marriage and family regime means the
entire law provisions on marriage, divorce, obligations and rights between
wives and husbands, parents and children, and among other family members,
support, determination of parents, biological children, adopted children and
guardians, marriage and family relations involving foreign elements and other
matters related to marriage and family;
2. Getting married is an act whereby a man and a
woman establish the husband and wife relation according to the law provisions
regarding conditions for getting married and marriage registration;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Underage marriage means getting married when
one or both marriage partners have not reached the marriage age prescribed by
law.
5. Forcing marriage is an act of forcing other
persons to get married against their will;
6. Marriage means the relationship between
husband and wife after getting married;
7. Marriage period means the duration of time
when the husband and wife relationship exists, counting from the date of
marriage registration till the date of marriage termination;
8. Divorce means the termination of husband and
wife relationship, which is recognized or decided by the Court at the request
of either spouse or both.
9. Forcing divorce is an act of forcing other
persons to divorce against their will;
10. Family means a group of persons closely
bound together by marriage, blood ties or rearing relations, thus giving rise
to obligations and rights among these persons according to the provisions of
this Law;
11. Support means an act whereby a person has
the obligation to contribute money or other kinds of property to meet the
essential needs of another person not cohabiting but having marriage, blood or
rearing relations with him/her in cases where the latter is a minor or an adult
who has no working capacity and no property to support himself/herself, or who
meets with economic difficulties, as prescribed by this Law;
12. People of the same direct blood line are
parents with respect to their children; grandparents with respect to their
grandchildren;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
14. Marriage and family relations involving
foreign elements are marriage and family relations between:
a/ Vietnamese citizens and foreigners;
b/ Foreigners permanently residing in Vietnam;
c/ Vietnamese citizens but the bases for
establishing, changing or terminating such relations are governed by the law of
a foreign country or the property related to such relations is located abroad.
Chapter II
GETTING MARRIED
Article 9.- Conditions for
getting married
A man and a woman wishing to marry each other
must satisfy the following conditions:
1. The man has reached the age of twenty or
over, the woman has reached the age of eighteen or over;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The marriage does not fall into one of the
circumstances where marriage is forbidden as prescribed in Article 10 of this
Law.
Article 10.- Circumstances
where marriage is forbidden
Marriage is forbidden in the following
circumstances:
1. Married people;
2. People who have lost their civil act
capacity;
3. Between people of the same direct blood line;
between relatives within three generations;
4. Between adoptive parents and adopted
children; between former adoptive parents and former adopted children; between
fathers-in-law and daughters-in-law, mothers-in-law and sons-in-law,
stepfathers and stepchildren, stepmothers and stepchildren;
5. Between people of the same sex.
Article 11.- Marriage
registration
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Any marriage proceedings at variance with the
provisions in Article 14 of this Law shall not be legally valid.
Man and woman who fail to register their
marriage but live together as husband and wife shall not be recognized by law
as husband and wife.
Divorced husband and wife wishing to remarry
each other must also register their remarriage.
2. The Government shall stipulate the marriage
registration in remote and deep-lying areas.
Article 12.- Competence to
register marriage
The People’s Committees of communes, wards or
townships where either of the marriage partners resides are the marriage
registration offices.
The overseas Vietnamese diplomatic missions or
consulates are the offices registering marriage between Vietnamese citizens
living abroad.
Article 13.- Handling of
marriage registration
1. After receiving complete and valid documents
according to the civil status legislation, the marriage registration offices
check the marriage registration dossiers; if deeming that both the male and
female partners to the marriage are eligible for marriage, the marriage
registration offices shall organize the marriage registration.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 14.- Organization
of marriage registration
Marriage registration must be organized in the
presence of both male and female partners. A representative of the marriage
registration office first asks the two partners about their wish for voluntary
marriage, if they agree to marry each other, the representative of the marriage
registration office shall hand the marriage certificate to them.
Article 15.- People
entitled to request the annulment of illegal marriages
1. The partner who is forced or deceived into
marriage has the right, as prescribed by the civil procedure legislation, to
request by himself/herself the Court or propose the Procuracy to request the
Court to annul the illegal marriage due to violation of the provisions in
Clause 2, Article 9 of this Law.
2. The Procuracy has the right, as prescribed by
the civil procedure legislation, to request the Court to annul illegal
marriages due to violation of the provisions in Clause 1, Article 9 and Article
10 of this Law.
3. The following individuals, agencies and
organizations have the right, as prescribed by the civil procedure legislation,
to request by themselves the Court or propose the Procuracy to request the Court
to annul illegal marriages due to violation of the provisions in Clause 1,
Article 9 and Article 10 of this Law:
a/ Spouses, parents or children of the marriage
partners;
b/ The child protection and care committees;
c/ The women’s unions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 16.- Annulment of
illegal marriages
At the request of individuals, agencies or
organizations prescribed in Article 15 of this Law, the Court shall consider
and decide the annulment of illegal marriages and send copies of its decisions
to the offices that have made the marriage registration. Basing themselves on
the Court’s decisions, the marriage registration offices shall erase the
marriage registration in the Marriage Register.
Article 17.- Legal
consequences of the annulment of illegal marriages
1. When an illegal marriage is annulled, the two
male and female partners must stop their relation as husband and wife.
2. Their children’s interests shall be dealt
with as for cases where their parents are divorced.
3. Their property shall be dealt with on the
principle that his/her personal property shall still belong to him/her; their
common property shall be divided as agreed upon by the two partners; if they
fail to reach an agreement thereon, they may request the Court to settle it,
taking into account each partner’s contributions and giving priority to
protecting the legitimate interests of women and children.
Chapter III
RELATIONSHIP BETWEEN
HUSBAND AND WIFE
Article 18.- Husband and
wife attachment
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 19.- Equality in
obligations and rights between husband and wife
Husband and wife are equal to each other, having
equal obligations and rights in all aspects of their family.
Article 20.- Selection of
the domicile of husband and wife
The domicile of husband and wife is selected by
themselves without being bound by customs, practices and/or administrative
boundaries.
Article 21.- Respect for
honor, dignity and prestige of husband and wife
1. Husband and wife respect each other and
preserve each other’s honor, dignity and prestige.
2. Husband and wife are strictly forbidden to
commit acts of ill-treating, persecuting or hurting the honor, dignity or
prestige of each other.
Article 22.- Respect for
the right to freedom of religion and belief of husband and wife
Husband and wife respect each other’s right to
freedom of belief and religion; must not compel or impede each other to adhere
or not adhere to any religion.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Husband and wife discuss together, help and
create conditions for each other to select professions, study and raise their
educational level, professional qualifications and skills; take part in
political, economic, cultural and social activities according to each partner’s
aspiration and ability.
Article 24.- Mutual
representation between husband and wife
1. Husband and wife may authorize each other to
establish, perform or terminate transactions which, as prescribed by law, must
be agreed upon by both husband and wife; such authorization must be made in
writing.
2. Husband and wife may represent each other
when either of them loses his/her civil act capacity while the other is
eligible to act as guardian or when either of them is limited in his/her civil
act capacity while the other is designated by the Court to act as a
representative at law for his/her partner.
Article 25.- Joint
liability of husband and wife for transactions conducted by either of them
Husband or wife must take joint liability for
lawful civil transactions conducted by either of them to satisfy their family’s
daily-life essential needs.
Article 26.- Marriage
relations when a partner returns after being declared dead
When the Court issues a decision abrogating a declaration
that a person was dead as provided for in Article 93 of the Civil Code and
his/her spouse has not yet married another person, their marriage relation will
be automatically restored; where his/her spouse has married another person, the
marriage relation established later shall be legally valid.
Article 27.- Common
property of husband and wife
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The land use right obtained by husband and wife
after their marriage is their common property. The land use right obtained
before the marriage or personally inherited by husband or wife shall be common
property only if so agreed upon by husband and wife.
Common property of husband and wife falls under
common ownership by integration.
2. Where a property under the common ownership
of husband and wife is required by law to be registered for ownership, the
names of both husband and wife must be inscribed in the ownership certificate
thereof.
3. Where there is no evidence proving that a
property being in dispute between husband and wife is his/her personal
property, such property is common property.
Article 28.- Possession,
use and disposition of common property
1. Husband and wife have equal obligations and
rights in the possession, use and disposition of their common property.
2. Common property of husband and wife is used
only to ensure the family’s needs and perform their common obligations.
3. The establishment, performance or termination
of civil transactions related to common property which is of big value or the
family’s sole means of livelihood, the use of common property for business
investment must be discussed and agreed upon by husband and wife, except where
such common property has been divided for his/her own business investment under
Clause 1, Article 29 of this Law.
Article 29.- Division of
common property during the marriage period
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Division of common property of husband and
wife in order to shirk the performance of property obligations shall not be
recognized by law.
Article 30.- Consequences
of the division of common property of husband and wife
Where common property of husband and wife is
divided, yields or profits arising from the divided property shall belong to
the ownership of each person; the undivided property portion remains under the
common ownership of husband and wife.
Article 31.- Husband and
wife’s right to inherit each other’s property
1. Husband and wife have the right to inherit
each other’s property according to the provisions of the inheritance
legislation.
2. When the wife or husband dies or is declared
dead by the Court, the living partner shall manage their common property,
except for cases where another person is designated in the testament to manage
the heritage or the heirs agree to designate another person to manage the
heritage.
3. Where there is a request to divide the
heritage but the division of heritage shall seriously affect the life of the
living spouse and the family, the living spouse may request the Court to
determine the heritage portions to be enjoyed by the heirs but delay the
heritage division for a certain period of time; past the time limit determined
by the Court or if the living partner has married another person, the other
heirs may request the Court to permit the division of the heritage.
Article 32.- Personal
property of husband and wife
1. Husband and wife have the right to own
personal property.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Husband and wife may consolidate or not
consolidate their personal property into the common property.
Article 33.- Possession,
use and disposition of personal property
1. Husband and wife have the right to possess,
use and dispose their personal property, except for cases prescribed in Clause
5 of this Article.
2. Husband and wife manage by themselves their
personal property; where either spouse is not able to manage by himself or
herself his/her personal property and does not authorize another person to
manage, the other partner may manage such property.
3. Each partner’s own property obligations are
performed with his/her personal property.
4. Personal property of husband and wife are
also used to meet their family’s essential needs if their common property is
not enough.
5. Where either spouse’s personal property has
been put to common use and the profits or yields from such personal property
constitute the family’s sole means of livelihood, the disposition of such personal
property must be agreed upon by both husband and wife.
Chapter IV
RELATIONSHIP BETWEEN
PARENTS AND CHILDREN
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Parents have the obligations and rights to
love, look after, rear, care for, and protect the legitimate rights and
interests of, their children; respect their children’s opinions; attend to the
study and education of their children so as to ensure their healthy development
in all physical, intellectual and moral aspects to become pious children of the
family and useful citizens of the society.
2. Parents must not discriminatorily treat,
ill-treat or persecute their children, or hurt their honor; must not abuse the
labor power of their minor children; must not incite or compel their children
to act against law and social morality.
Article 35.- Obligations
and rights of children
Children have the duty to love, respect, show
gratitude and piousness to, their parents, pay heed to the good advices of
their parents, preserve the good traditions and prestige of their family.
Children have the obligations and rights to care
for and support their parents.
Children are strictly forbidden to ill-treat,
persecute or hurt the honor, of their parents.
Article 36.- Obligations
and rights to care for and support
1. Parents have the obligations and rights to
jointly care for and raise their minor children or adult children who are
disabled, have lost their civil act capacity, have no working capacity and no
property to support themselves.
2. Children have the obligations and rights to
care for and support their parents, especially when their parents fall sick,
become senile or disabled; where a family has several children, the children
must together care for and support their parents.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Parents have the obligations and rights to
educate their children, attend to and create conditions for their study.
Parents create conditions for their children to
live in a happy and harmonious family environment, set good examples for their
children in every aspect, work closely with the school and social organizations
in educating their children.
2. Parents guide their children to select
professions; respect their children’s rights to select professions and
participate in social activities.
3. When facing difficulties which cannot be
solved by themselves, parents may request concerned agencies and organizations
to assist in educating their children.
Article 38.- Obligations
and rights of or stepfathers, stepmothers and stepchildren
1. Stepfathers or stepmothers have the
obligations and rights to look after, rear, care for, and educate cohabiting
stepchildren according to the provisions in Articles 34, 36 and 37 of this Law.
2. Stepchildren have the obligations and rights
to care for and support cohabiting stepfathers or stepmothers according to the
provisions in Articles 35 and 36 of this Law.
3. Stepfathers, stepmothers and stepchildren
must not ill-treat, persecute or hurt the honor of, one another.
Article 39.- Representation
for children
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 40.- Making compensation
for damage caused by children
Parents must pay compensation for damage caused
by their minor children or adult children who have lost their civil act
capacity, as provided for in Article 611 of the Civil Code.
Article 41.- Restrictions
on fathers’ and/or mothers’ rights toward their minor children
When fathers and/or mothers are sentenced for
one of the crimes of deliberately infringing upon the health, dignity or honor
of their children or commit acts of seriously breaching their obligations to look
after, care for, rear and educate their children; dissipate property of their
children; lead a debauched life; incite or force their children to act against
law or social morality, the Court may, on the case-by-case basis, make
decisions by itself or at the request of the individuals, agencies or
organizations prescribed in Article 42 of this Law, to disallow such parents to
look after, care for and educate their children or manage the personal property
of their children or act as their children’s representatives at law for a time
limit of between one and five years. The Court may also consider to shorten
this time limit.
Article 42.- People
entitled to request the Court to restrict fathers’ and/or mothers’ rights
toward their minor children
1. Fathers, mothers or relatives of minor
children have the right, as prescribed by the civil procedure legislation, to
request the Court by themselves or propose the Procuracy to request the Court
to restrict certain rights of fathers and/or mothers toward their minor
children.
2. The Procuracy has the right, as prescribed by
the civil procedure legislation, to request the Court to restrict certain
rights of fathers and/or mothers toward their minor children.
3. The following agencies and organizations have
the right, as prescribed by the civil procedure legislation, to request the
Court by themselves or propose the Procuracy to request the Court to restrict
certain rights of fathers and/or mothers toward their minor children:
a/ The child protection and care committees;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Other individuals, agencies and organizations
have the right to propose the Procuracy to consider and request the Court to
restrict certain rights of fathers and/or mothers toward their minor children.
Article 43.- Legal consequences
of the restrictions on the fathers’ and/or mothers’ rights toward their minor
children
1. Where either parent has his/her certain
rights toward his/her minor children restricted by the Court, the other parent
exercises her/his right to look after, rear, care for and educate the children,
manage the children’s personal property and acts as their representative at
law.
2. Where both parents have their rights toward
their minor children restricted by the Court, a guardian shall be assigned to
look after, care for and educate the children and manage the children’s
personal property according to the provisions of the Civil Code and this Law.
3. Fathers and/or mothers who have their rights
toward their minor children restricted by the Court still have to perform the
obligations to rear their children.
Article 44.- Children’s
right to have personal property
1. Children have the right to have personal
property. A child’s personal property includes property inherited or given
solely to him/her, incomes from his/her labor, yields and profits arising from
his/her personal property and other lawful incomes.
2. Children aged from full fifteen years or
older and still living with their parents are obliged to take care of their
family’s life; and contribute their incomes, if any, to meeting their family’s essential needs.
Article 45.- Management of
children’s personal
property
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Personal property of children who are under
fifteen years old or have lost their civil act capacity shall be managed by
their parents. Parents may authorize other persons to manage their children’s personal property.
3. Parents shall not manage their children’s personal property if the
persons giving or bequeathing under testament such property to their children
have designated other persons to manage such property or in other cases
prescribed by law.
Article 46.- Disposition of
minor children’s personal
property
1. Parents who manage their under-fifteen
children’s personal
property have the right to dispose of such property in the interests of their
children, taking into account the desire of the children if they are aged full
nine years or older.
2. Children aged between full fifteen and under
eighteen years shall have the right to dispose of their personal property; if
the property is of big value or if used for business activities, the disposal
thereof must be agreed upon by their parents.
Chapter V
RELATIONS BETWEEN
PATERNAL GRANDPARENTS, MATERNAL GRANDPARENTS AND GRANDCHILDREN; AMONG SIBLINGS
AND FAMILY MEMBERS
Article 47.-
Obligations and rights of paternal and maternal grandparents toward their
grandchildren
1. Paternal and maternal grandparents have the
obligations and rights to look after, care for and educate their grandchildren,
lead an exemplary life and set good examples for their grandchildren. Where the
grandchildren are minor or adult but are disabled, have lost their civil act
capacity, have no working capacity and no property to support themselves while
having no one to support them as prescribed in Article 48 of this Law, their
paternal and maternal grandparents shall be obliged to rear them.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 48.- Obligations
and rights of siblings
Siblings have the duty to love, care for and
help one another; have the obligations and rights to help, protect as well as support
one another in cases where they no longer have parents or their parents have no
conditions to look after, rear, care for and educate their children.
Article 49.- Relations
among family members
1. Cohabiting family members are all obliged to
care for and help one another, together care for their family life, contribute
labor, money and other property to maintain their common life in proportion to
their actual incomes and capabilities.
Family members are entitled to enjoy mutual care
for and help. Their legitimate rights and interests are respected and protected
by law.
2. The State encourages and creates conditions
for different generations in families to care for and help one another in order
to preserve and promote the fine traditions of the Vietnamese families.
Chapter VI
SUPPORT
Article 50.- The supporting
obligation
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The supporting obligation must be neither
substituted by another obligation nor transferred to other persons.
2. Where a person with the supporting obligation
shirks the performance of such obligation, he/she shall be forced to perform his/her
supporting obligation prescribed in this Law.
Article 51.- One person
supports several persons
Where a person supports several persons, the
supporting person and the supported persons shall agree mutually upon the mode
and extent of support appropriate to the actual income and capability of the
supporting person and the essential needs of the supported persons; if they
fail to reach an agreement thereon, they may request the Court to settle it.
Article 52.- Several
persons jointly support one or several persons
Where several persons share the same obligation
to support one or several persons, they shall agree mutually upon the mode and
level of support appropriate to the actual income and capability of each
supporting person and the essential needs of the supported person(s); if they
fail to reach an agreement thereon, they may request the Court to settle it.
Article 53.- Support level
1. The support level shall be agreed upon by the
person(s) with the supporting obligation and the person(s) enjoying the support
or the latter’s guardian on
the basis of the actual income and capability of the person(s) with the
supporting obligation and the essential needs of the person(s) enjoying the
support; if they fail to reach an agreement thereon, they may request the Court
to settle it.
2. Where there exist plausible reasons, the
support level may change. The change of the support level shall be agreed upon
by the concerned parties; if they fail to reach an agreement thereon, they may
request the Court to settle it.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The support may be provided monthly, quarterly,
biannually, annually or in lump sum.
The concerned parties may agree upon a change in
the supporting mode or a pause of the support in cases where the person(s) with
the supporting obligation falls into a strained economic circumstance, thus
being unable to perform his/her supporting obligation; if they fail to reach an
agreement thereon, they may request the Court to settle it.
Article 55.- People
entitled to request the performance of the supporting obligation
1. People enjoying the support or their
guardians have the right, as prescribed by the civil procedure legislation, to
request the Court by themselves or propose the Procuracy to request the Court
to force the people who fail to voluntarily perform their supporting obligation
to perform such obligation.
2. The Procuracy have the right, as prescribed
by the civil procedure legislation, to request the Court to force the people
who fail to voluntarily perform their supporting obligation to perform such
obligation.
3. The following agencies and organizations have
the right, as prescribed by the civil procedures legislation, to request the
Court by themselves or to propose the Procuracy to request the Court to force
the people who fail to voluntarily perform their supporting obligation to
perform such obligation:
a/ The child protection and care committees;
b/ The women�s unions.
4. Other individuals, agencies and organizations
have the right to propose the Procuracy to consider and request the Court to
force the people who fail to voluntarily perform their supporting obligation to
perform such obligation
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
When divorced, the fathers of mothers who do not
directly raise their minor children or adult children who are disabled, have
lost their civil act capacity or have no working capacity and no property to
support themselves, have the obligation to support the children.
The level of support for children shall be
agreed upon by the fathers and mothers, if they fail to reach an agreement
thereon, they may request the Court to settle it.
Article 57.- Children’s obligation to support their
parents
Adult children who no longer live with their
parents are obliged to support their parents who have no working capacity and
no property to support themselves.
Article 58.- Obligation of
mutual support among siblings
1. In cases where their parents are no longer
alive or have no working capacity and no property to support their children,
adult elder brothers and/or sisters who no longer live with their younger
brothers and/or sisters are obliged to support their minor brothers or sisters
who have no property to support themselves or adult younger brothers and/or
sisters who have no working capacity and no property to support themselves.
2. Adult younger sisters and/or brothers who no
longer live with their elder sisters and/or brothers are obliged to support
their elder sisters and/or brothers who have no working capacity and no
property to support themselves.
Article 59.- The supporting
obligation between grandparents and grandchildren
1. Grandparents who do not live with their
grandchildren are obliged to support their grandchildren if the latter are
minor or grown up but have no working capacity, no property to support
themselves and have no one to support as prescribed in Article 58 of this Law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 60.- The supporting
obligation between husband and wife when divorced
When divorced, if the party facing with economic
difficulties requests support with plausible reasons, the other party is
obliged to support according to his/her capability.
Article 61.- Termination of
the supporting obligation
The supporting obligation terminates in the
following circumstances:
1. The supported people have attained their
adulthood and have the working capacity;
2. The supported people have incomes or property
to support themselves;
3. The supported people are adopted;
4. The supporting people directly rear the
supported people;
5. The supporting people or supported people
die;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
7. Other cases prescribed by law.
Article 62.- Encouragement
of organizations and individuals’
financial support
The State and society encourage organizations
and individuals to provide support in cash or other property to families and
individuals in extremely difficult and needy circumstances.
Chapter VII
DETERMINATION OF
FATHERS, MOTHERS, CHILDREN
Article 63.- Determination
of fathers, mothers
1. Children born or conceived by the wife during
the marriage period are common children of the husband and wife.
Children born before the marriage registration date
and recognized by their parents are also common children of the husband and
wife.
2. In cases where the fathers and mothers
decline to recognize children, they must produce evidences which must be
determined by the Court.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 64.- Determination
of children
A person who is not recognized as father or
mother of another person may request the Court to determine that person is
his/her child.
A person who is recognized as father or mother
of another person may request the Court to determine such person is not his/her
child.
Article 65.- The right to
recognize fathers, mothers
1. Children have the right to claim their
fathers and/or mothers, even when the fathers and/or mothers have died.
2. Grown-up children may claim their fathers
without the consent of their mothers; may claim their mothers without the
consent of their fathers.
Article 66.- People
entitled to request the determination of fathers and/or mothers for minor
children or adult children who have lost their civil act capacity or
determination of children for fathers and/or mothers who have lost their civil
act capacity
1. Mothers, fathers or guardians have the right,
as prescribed by the civil procedure legislation, to request the Court by
themselves or propose the Procuracy to request the Court to determine fathers
and/or mothers for minor children or adult children who have lost their civil
act capacity or determine children for fathers and/or mothers who have lost
their civil act capacity.
2. The Procuracy have the right, as prescribed
by the civil procedure legislation, to request the Court to determine fathers
and/or mothers for minor children or adult children who have lost their civil
act capacity or determine children for fathers and/or mothers who have lost
their civil act capacity.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ The children protection and care committees;
b/ The women’s
unions.
4. Other individuals, agencies and organizations
have the right, as prescribed by the civil procedure legislation, to request by
themselves the Court or propose the Procuracy to request the Court to determine
parents for minor children or adult children who have lost their civil act
capacity or determine children for fathers and/or mothers who have lost their
civil act capacity.
Chapter VIII
ADOPTED CHILDREN
Article 67.- Child adoption
1. Child adoption means the establishment of the
parent-child relationship between the adopter and adoptee, ensuring that the
adoptee will be looked after, reared, cared for and brought up in conformity
with the social morality.
A person may adopt one or several persons as
his/her adopted children.
The adopter and the adoptee have the rights and
obligations of parents and children as prescribed by this Law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. It is strictly forbidden to abuse the child
adoption to exploit the labor power, sexually assault or traffick in children
or for other self-seeking purposes.
Article 68.- Adoptees
1. Adoptees must be aged fifteen years or
younger.
Those aged over fifteen years may be adopted if
they are war invalids, disabled people or people who have lost their civil act
capacity or if they are adopted by old, lonely people.
2. A person may only be adopted by one person or
two persons being husband and wife.
Article 69.- Conditions for
adopters
Adopters must fully meet the following
conditions:
1. Having full civil act capacity;
2. Being twenty years or more older than their
adopted children;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Having actual conditions to ensure the care
for, support and education of their adopted children.
5. They must not be people who have certain
parental rights toward minor children restricted or who have been sentenced for
one of the crimes of deliberately infringing upon the life, health, dignity and
honor of another person; ill-treating or persecuting their grandparents,
parents, spouses, children, grandchildren and/or fosterers; inciting, forcing
juvenile people to commit offenses or harboring juvenile offenders; trafficking
in, fraudulently exchanging or abducting children; or the crimes of sexual
abuse against children; committing acts of enticing and/or forcing their own
children to act against law or social morality, but have not yet enjoyed
criminal record remission.
Article 70.- Adoption of
children by both the husband and wife
In cases where both husband and wife adopt a
child, they must fully meet the conditions prescribed in Article 69 of this
Law.
Article 71.- Consent of
natural parents, guardians and adoptees
1. The adoption of minor children or adults who
have lost their civil act capacity must be consented in writing by such persons’ natural parents; if their
natural parents have already died, lost their civil act capacity or cannot be
determined, their guardians’
written consents are required.
2. The adoption of children aged full nine years
or older must have the consent of such children.
Article 72.- Child adoption
registration
Child adoption must be registered with the
competent State agencies and inscribed in the Civil Status Register.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 73.- Refusal to
register child adoption
Where one party or all parties involved fail to
fully meet the conditions for adopting children or being adopted, the child
adoption registration offices shall refuse to register and clearly explain the
reasons therefor in writing; if natural parents, guardians or adopters
disagree, they may lodge complaints according to the law provisions.
Article 74.- Rights and
obligations between adoptive parents and adopted children
Adoptive parents and adopted children have the
parents’ and children’s rights and obligations
prescribed in this Law, as from the time the child adoption is registered.
Children of fallen heroes, war invalids or
people with meritorious services to the revolution, who are adopted by other
people, shall continue to enjoy all benefits of the children of fallen heroes,
war invalids or people with meritorious services to the revolution.
Article 75.- Change of
family name, given name; determination of nationalities of adopted children
1. At the request of the adoptive parents, the
competent State agencies shall decide the change of the family names and/or
given names of their adopted children.
The change of the family names and/or given
names of adopted children aged from full nine years or older must have their
consents.
The change of the family names and/or given
names of adopted children shall comply with the provisions of the civil status
legislation.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 76.- Termination of
child adoption
At the request of the persons defined in Article
77 of this Law, the Court may decide to terminate the adoption in the following
circumstances:
1. Adoptive parents and the adopted children who
have attained adulthood voluntarily terminate the adoptive relationship;
2. The adopted children are sentenced for one of
the crimes of infringing upon the life, health, dignity and honor of their
adoptive fathers and/or mothers; ill-treating, persecuting their adoptive
fathers and/or mothers or committing acts of dissipating their adoptive fathers’ and/or mothers’ property;
3. The adoptive parents have committed the acts
specified in Clause 3, Article 67 or Clause 5, Article 69 of this Law.
Article 77.- Persons
entitled to request the Court to terminate child adoption
1. The adopted children who have attained
adulthood, their natural parents or guardians, their adoptive fathers and/or
mothers have the right, as prescribed by the civil procedure legislation, to
request the Court by themselves or propose the Procuracy to request the Court
to decide to terminate the child adoption in the cases specified in Article 76
of this Law.
2. The Procuracy has the right, as prescribed by
the civil procedure legislation, to request the Court to decide to terminate
the child adoption in the cases specified at Points 2 and 3, Article 76 of this
Law.
3. The following agencies and organizations have
the right, as prescribed the civil procedure legislation, to request the Court
by themselves or propose the Procuracy to request the Court to decide to
terminate the child adoption in the cases specified at Points 2 and 3, Article
76 of this Law:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ The women’s
unions.
4. Other individuals, agencies and organizations
have the right to propose the Procuracy to consider and request the Court to
decide to terminate the child adoption in the cases specified at Points 2 and
3, Article 76 of this Law:
Article 78.- Legal
consequences of the termination of child adoption
1. When the child adoption is terminated by
decision of the Court, the rights and obligations between adoptive parents and
adopted children shall also terminate; if the adopted children are minors or
adults who are disabled, have lost their civil act capacity, have no working
capacity and no property to support themselves, the Court shall issue decisions
to assign such persons to their natural parents or other individuals or
organizations for care and support.
2. Where adopted children have personal property
they are entitled to receive back such property; if adopted children
contributed labor and efforts to the common property of their adoptive parents’ families, they are entitled to
receive part of such common property according the agreement between the
adopted children and their adoptive parents; if they fail to reach an agreement
thereon, they may request the Court to settle it.
3. Where the child adoption terminates, at the
request of the former adopted children or their natural parents, the competent
State agencies shall decide on the former adopted children’s reclaiming their family names,
and/or names given by their natural parents.
Chapter IX
GUARDIANSHIP BETWEEN
FAMILY MEMBERS
Article 79.- Application of
the guardianship legislation to family relations
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 80.- Guardianship
of children by parents
Where both parents act as guardians of their
adult children who have lost their civil act capacity, they have to together
exercise the guardian’ s
rights and perform the guardian’s
obligations. The fathers and mothers shall agree upon acting as representatives
at law for their children in civil transactions in the interests of their
children.
Article 81.- Appointment of
guardians by parents for their children
Where the parents are still alive but have no
conditions to personally look after, rear, care for and educate their minor
children and/or adult children who have lost their civil act capacity, they may
appoint guardians for their children; the parents and the guardians shall agree
upon the performance of part or whole of the guardianship by the guardians.
Article 82.- Guardianship
by stepchildren for their stepfathers or stepmothers
Where stepfathers or stepmothers have no
guardians as prescribed in Article 72 of the Civil Code, stepchildren who are
living with the stepfathers or stepmothers shall act as guardians if they are
eligible for acting as guardians.
Article 83.- Guardianship
among brothers and sisters
1. Where a blood brother or sister needs to have
a guardian, his/her brothers or sisters who have attained their adulthood and
have civil act capacity shall agree upon the appointment of one of them, who is
eligible, for acting as the guardian.
2. When deciding personal matters or property of
a minor younger brother or sister, the elder brother or sister acting as the
guardian of his/her younger brother or sister must consult his/her next of kin
and the younger brother or sister, if he/she is aged full nine years or older.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Where a grandchild needs to have a guardian
and his/her paternal grandparents and maternal grandparents are eligible for
acting as guardians, they shall agree upon the appointment of one of them to
acts as the guardian.
2. A grandchild who is eligible for acting as
guardian must act as a guardian for his/her paternal grandparents and/or
maternal grandparents if the grandparents have no children to rely on.
Chapter X
DIVORCE
Article 85.- The right to
request the Court to settle it a divorce
1. Either spouse or both have the right to
request the Court to settle their divorce.
2. Where the wife is pregnant or is nursing a under-12-month
infant, the husband is not entitled to request a divorce.
Article 86.- Encouragement
of grassroots-level reconciliation
The State and society encourage the
grassroots-level reconciliation when husband and/or wife apply for a divorce.
The reconciliation shall comply with the legislation on grassroots-level
reconciliation.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The Court processes and handles divorce
applications according to the provisions of the civil procedure legislation.
Where a couple who have not registered their
marriage file an application for divorce, the Court shall process and handle
the case and declare non-recognition of their spousal relation according to the
provisions in Clause 1, Article 11 of this Law; any children- or
property-related requests shall be dealt with according to Clauses 2 and 3,
Article 17 of this Law.
Article 88.- Reconciliation
at the Court
After processing and handling a divorce
application, the Court shall proceed with the reconciliation according to the
provisions of the civil procedure legislation.
Article 89.- Bases for
permitting a divorce
1. The Court considers the divorce application,
if deeming that the situation is serious, the couple can no longer live
together and the marriage purposes cannot be achieved, the Court shall decide
to permit the divorce.
2. Where the spouse of the person who has been
declared missing by the Court applies for a divorce, the Court shall permit
such divorce.
Article 90.- Divorce by
consent
Where both the husband and wife request a
divorce and the reconciliation at the Court fails, if deeming that the two
parties are really willing to divorce and have agreed upon the property
division, the nursing, rearing, care for and education of their children, the Court
shall recognize the divorce by consent and the agreement on property and
children on the basis of ensuring the legitimate interests of the wife and
children; if the husband and wife fail to reach an agreement or has reached an
agreement which, however, fails to ensure the legitimate interests of the wife
and children, the Court shall make decisions thereon.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
When either spouse requests a divorce and the
reconciliation at the Court fails, the Court shall consider and decide the
divorce.
Article 92.- The nursing,
care for, education and raising of children after the divorce
1. After their divorce, the husband and wife are
still obliged to look after, care for, educate and rear their minor children or
adult children who are disabled, have lost their civil act capacity, have no
working capacity and no property to support themselves.
The person who does not directly rear children
is obliged to provide support for the children.
2. Husband and wife agree upon who shall
directly rear their children, the rights and obligations of each party toward
their children after divorce; if they fail to reach an agreement thereon, the
Court shall decide to assign one party to directly rear the children, on the
basis of the children’s
interests in every aspect, if the children are aged full nine years or older,
their aspirations must be taken into consideration.
In principle, all children under three years of
age shall be assigned to their mothers for direct rearing, unless otherwise
agreed upon by the two parties.
Article 93.- Change of the
person directly raising children after divorce
In the interests of children, at the request of
one or both parties, the Court may decide to change the person directly raising
the children.
The change of the person directly raising the
children after divorce shall be effected in cases where such person fails to
ensure the children’s
interests in all aspects, with the aspirations of children aged full nine years
or older taken into consideration.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
After divorce, the person who does not directly
rear children has the right to visit the children; nobody is allowed to impede
such person to exercise this right.
Where the person who does not directly raise the
children abuses his/her visits to impede or badly affect the nursing, care for,
education and rearing of the children, the person directly raising the children
may request the Court to restrict such person’s right to visit children.
Article 95.- Principles of
division of property upon divorce
1. Upon a divorce the division of property shall
be agreed upon by the concerned parties; if they fail to reach an agreement thereon,
they may request the Court to settle it. Personal property of one party shall
belong to such party.
2. The division of common property is effected
on the following principles:
a/ The common property of husband and wife
shall, in principle, be halved, with due consideration given to each party’s situation, the property
status, each party’s
contributions to the creation, preservation and development of this property.
The housework done in the family by the husband and/or wife is regarded as
income-generating labor;
b/ The legitimate rights and interests of wife,
minor children or adult children who are disabled, have lost their civil act
capacity, have no working capacity and no property to support themselves, are
protected;
c/ The legitimate interests of each party in
their production, business and career activities are protected to provide them
with conditions to continue their income-generating labor.
d/ The common property of husband and wife is
divided in kind or according to its value; the party who receives his/her
property portion in kind which has a value bigger than the portion he/she
deserves, he/she must pay the value difference to the other party.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 96.- Division of
property in cases where a couple divorce while living with the whole family.
1. Where a couple divorce while living with the
whole family, if their property cannot be determined separately from the whole
family’s common property,
the wife or husband shall be divided part of the family’s
common property on the basis of the husband’s
and wife’s contributions to
the creation, preservation and development of the common property as well as
the life of the whole family. The divorced couple and their family shall agree
upon the portion divided from the whole family’s
common property; if they cannot reach agreement thereon, they may request the
Court to settle it.
2. Where the couple live with the whole family
and their property can be determined as a portion of the whole family’s common property, such property
portion of the couple, when they divorce, shall be extracted from the common
property for division.
Article 97.- Division of
the husband’s and/or wife’s land use right when they
divorce
1. The land use right solely owned by one party
shall still belong to such party after divorce.
2. The divorced couple’s
common land use right is divided as follows:
a/ For agricultural land under annual crops or
aquaculture, if both parties have the need and conditions to directly use the
land, the land use right shall be divided according to their agreement; if they
fail to reach an agreement thereon, they may request the Court to settle it
according to the provisions in Article 95 of this Law.
Where only one party has the need and conditions
to directly use the land, such party may continue to use the land but must pay
to the other party the portion of the land use right value the latter is
entitled to;
b/ Where husband and wife share the right to use
agricultural land under annual crops or aquaculture with the whole household,
when they divorce the couple’s
share of such land use right shall be separated for division according to the
provisions at Point a of this Clause;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d/ The division of the right to use other
categories of land shall comply with provisions of the land and civil
legislation.
3. Where husband and wife live with the whole
family and share no land use right with the whole household, when they divorce
the interests of the party who does not have the land use right and does not
continue to live with the family shall be settled according to the provisions
in Article 96 of this Law.
Article 98.- Division of a
residential house jointly owned by husband and wife
Where a residential house jointly owned by
husband and wife may be divided for use by each party, when they divorce, the
house shall be divided under Article 95 of this Law; if the house is
indivisible, the person who is allowed to continue using the house must pay to
the other party the value he/she is entitled to.
Article 99.- Settlement of
the interests of divorced husband or wife where the residential house is under
the private ownership of one party.
Where the residential house being under private
ownership of one party has been put to common use, when the couple divorce,
such residential house still belongs to its owner who, however, must pay to the
other party part of the house’s
value, depending on the latter’s
contributions to maintaining, upgrading, renovating and/or repairing the house.
Chapter XI
MARRIAGE AND FAMILY
RELATIONS INVOLVING FOREIGN ELEMENTS
Article 100.- Protection
of the legitimate rights and interests of the parties to the marriage and
family relations involving foreign elements
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. In their marriage and family relations with
Vietnamese citizens, foreigners in Vietnam enjoy the same rights and
obligations like Vietnamese citizens, except otherwise provided for by the
Vietnamese law.
3. The Socialist Republic of Vietnam State
protects the legitimate rights and interests of Vietnamese citizens abroad in
their marriage and family relations in accordance with the Vietnamese law, the
host country’s law and
international laws and practices.
4. The provisions in this Chapter shall also
apply to the marriage and family relations between Vietnamese citizens where
one or both parties reside abroad.
Article 101.- Application
of foreign laws to the marriage and family relations involving foreign elements
Where this Law and other legal documents of
Vietnam prescribe or the international agreements which the Socialist Republic
of Vietnam has signed or acceded to invoke, the invoked foreign law shall
apply, if such application does not contravene the principles laid down in this
Law.
Where a foreign law refers back to the
Vietnamese law, Vietnam’s
marriage and family legislation shall apply.
Article 102.- Competence
to settle matters related to the marriage and family relations involving
foreign elements
1. The People’s
Committees of the provinces and centrally-run cities effect the marriage
registration, child adoption and guardianship involving foreign elements in
accordance with the provisions of this Law and other Vietnamese law provisions.
The marriage registration, child adoption and
guardianship between Vietnamese citizens residing in border areas and citizens
of neighboring countries living in the areas bordering on Vietnam shall be
stipulated by the Government.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The People’s
Courts of the provinces and centrally-run cities annul illegal marriages,
settle divorce cases, disputes over the rights and obligations of husband and
wife, parents and children, recognition of fathers, mothers or or children,
child adoption and guardianship, which involve foreign elements, consider the
recognition or non-recognition of marriage and family-related judgements and
decisions of the Court or other competent bodies of foreign countries in accordance
with the provisions of this Law and other Vietnamese law provisions.
The People’s
Courts of rural districts, urban districts, provincial towns or cities where
Vietnamese citizens reside annul illegal marriages, settle divorce cases,
disputes over the rights and obligations of husband and wife, parents and
children, recognition of parents, children, child adoption and guardianship
between Vietnamese citizens residing in the border areas with citizens of
neighboring countries living in the areas bordering on Vietnam according to the
provisions of this Law and other Vietnamese law provisions.
Article 103.- Marriage
involving foreign elements
1. For marriages between Vietnamese citizens and
foreigners, each party must abide by his/her country’s
legislation on the marriage conditions; if their marriage is effected at a
Vietnamese competent State agency, the foreigner must also abide by the
provisions of this Law on the marriage conditions.
The marriages between foreigners in Vietnam
before the Vietnamese competent agencies must comply with the provisions of
this Law on the marriage conditions.
2. It is strictly forbidden to take advantage of
the marriages involving foreign elements to traffick in, sexually abuse against
women or for other self-seeking purposes.
Article 104.- Divorce
involving foreign elements
1. Divorce between a Vietnamese citizen and a
foreigner or between two foreigners permanently residing in Vietnam is settled
according to the provisions of this Law.
2. Where a partner being a Vietnamese citizen
does not reside in Vietnam at the time of requesting the divorce, the divorce
shall be settled according to the law of the country where husband and wife
permanently co-reside; if they do not have a permanent co-residence place, the
Vietnamese law shall apply.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Divorce judgements or decisions of foreign
Courts or other foreign competent bodies shall be recognized in Vietnam
according to the provisions of the Vietnamese law.
Article 105.- Child
adoption involving foreign elements
1. Foreigners apply to adopt Vietnamese children
or foreign children permanently residing in Vietnam must abide by the
provisions of this Law and of the law of the country where such foreigners are
citizens regarding the conditions for child adoption.
Adoption of foreign children by Vietnamese
citizens, which has been already registered at foreign competent bodies shall
be recognized in Vietnam.
It is strictly forbidden to take advantage of
child adoption to exploit the labor power of, sexually abuse against or
traffick in, children, or for other self-seeking purposes.
2. Where a child adoption involving foreign
elements is effected in Vietnam, the rights and obligations of the adoptive
parents and the adopted children and the termination of the adoption shall
comply with the provisions of this Law.
Where a child adoption is effected between Vietnamese
citizens and foreigners in foreign countries, the rights and obligations of the
adoptive parents and the adopted children and the termination of adoption shall
comply with the law provisions of the country of residence of the adopted
children.
Article 106.- Guardianship
in the marriage and family relations involving foreign elements
1. Guardianship in the marriage and family
relations involving foreign elements effected in Vietnam, guardianship already
registered at overseas Vietnamese diplomatic missions or consulates must comply
with the provisions of this Law and other Vietnamese law provisions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chapter XII
HANDLING OF VIOLATIONS
Article 107.-
Handling of law violations in the marriage and family relations
Those who breach the provisions on marriage
conditions; obstruct the lawful marriages, forge papers for marriage
registration or child adoption registration; ill-treat, persecute or hurt the
honor and dignity of their grandfathers, grandmothers, fathers, mothers,
spouses, children and other family members; abuse adoption to make illegal
profits; fail to perform the supporting or guardianship obligations; or commit
other acts of violating the marriage and family legislation, shall, depending
on the nature and seriousness of their violations, be administratively
sanctioned or examined for penal liability; if causing any damage, they must
pay compensation therefor.
Article 108.- Handling law
violations by people with positions and powers
Those who abuse their positions and powers to
register marriages, child adoptions, determination of parents or children in
contravention of law; violate regulations on competence or procedures for
marriage registration and child adoption registration; fail to settle the
requests to protect the legitimate rights and interests of family members or
commit other acts of abusing their positions and powers to breach the marriage
and family legislation, shall, depending on the nature and seriousness of their
violations, be disciplined or examined for penal liability, if causing any
damage, they must pay compensation therefor.
Chapter XIII
IMPLEMENTATION
PROVISIONS
Article 109.-
Implementation effect
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
This Law replaces the 1986 Marriage and Family
Law.
The December 3, 1993 Ordinance on Marriage and
Family Between Vietnamese Citizens and Foreigners ceases to be effective as
from January 1st, 2001.
Article 110.-
Implementation guidance
The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within their
respective tasks and powers, guide the implementation of this Law.
This Law was adopted by the Socialist Republic
of Vietnam�s Xth National Assembly at its 7th
session on June 9, 2000.
NATIONAL ASSEMBLY CHAIRMAN
Nong Duc Manh