The Marriage and Family Law

    


Date:
   June 9, 2000

Source:   Official Gazette No.28 (31/7/2000)

Subject:     Law; marriage; family relationships; divorce

Text:

Chapter. I

GENERAL PROVISIONS

Article 2: Basic principles of marriage and the family

  1. Voluntary, progressive and monogamous marriage in which husband and wife are equal.
  2. Marriage between Vietnamese citizens of different ethnicity 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 to become useful citizens in society; children are obliged to respect, care for and support their parents; grandchildren are obliged to respect, care for and support their grandparents; family members are obliged to look after, care for and help one another.
  5. The State and society shall not accept discrimination among children, between sons and daughters, between biological and adopted children, between children born in wedlock and out of wedlock.
  6. The State, society and families have the duty to protect women and children, and help mothers to fulfil well their lofty motherhood functions.

Chapter II

GETTING MARRIED

Article 9: Conditions for getting married

  1. The man must have reached the age of 20 or more years; the woman must have reached the age of 18 or more years;
  2. The decision to marry is a voluntarily one made by the man and the woman; neither partner is allowed to force or deceive the other; nobody is allowed to force or obstruct their marriage;
  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. Between people currently married;
  2. Between people who have lost their civil capacity to act;
  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, between mothers-in-law and sons-in-law, between stepfathers and stepchildren, between stepmothers and stepchildren;
  5. Between people of the same sex.

Chapter III

RELATIONSHIP BETWEEN HUSBAND AND WIFE

Article 18: Husband and wife attachment

Husband and wife are faithful to, love, respect, care for and help each other, and together build a prosperous, equal, progressive, happy and lasting family.

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 honour, dignity and prestige of husband and wife

  1. Husband and wife respect each other and preserve each other's honour, dignity and prestige.
  2. Husband and wife are strictly forbidden to commit acts of ill-treatment, persecution or hurting the honour, 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.

Article 23: Helping and creating conditions for each other to develop in all aspects

Husband and wife discuss together, help and create conditions for each other to select occupations, study and raise their educational levels, professional qualifications and skills; take part in political, economic, cultural and social activities according to each partner's aspirations and abilities.

Chapter IV

RELATIONSHIP BETWEEN PARENTS AND CHILDREN

Article 34: Obligations and rights of parents

  1. Parents have the obligation and right 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 education of their children so as to ensure their healthy development in all physical, intellectual and moral aspects so as to become dutiful children in the family and useful citizens in the society.
  2. Parents must not discriminatorily treat, ill-treat or persecute their children, or hurt their honor; must not abuse their minor children in terms of work, must not incite or compel their children to act against the law and social morality.

Article 35: Obligations and rights of children

Children have the duty to love, respect, show gratitude and goodness to their parents, pay heed to the good advices of their parents, preserve the good traditions and prestige of their family.

Children have the obligation and right to care for and support their parents.

Children are strictly forbidden to ill-treat, persecute or hurt the honor of their parents.

Article 36: Obligation and right to care for and support

  1. Parents have the obligation and right jointly to care for and raise their minor children or adult children who are disabled, have lost their civil capacity to act, have no capacity to work and no property to support themselves.
  2. Children have the obligation and right 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.

Article 37: Obligations and rights to educate children

  1. Parents have the obligation and right 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 a good example 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 occupations/professions; respect their children's rights to select occupations/professions and participate in social activities.
  3. When facing difficulties which cannot be solved by themselves, parents may request the agencies and organizations concerned to assist in educating their children.

Chapter V

RELATIONS BETWEEN PATERNAL AND 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 obligation and right to look after, care for and educate their grandchildren, to lead an exemplary life and set a good example for their grandchildren. Where the grandchildren are minors, or adults but are disabled, have lost their civil capacity to act, have no capacity to work 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.
  2. Grandchildren have the duty to respect, care for and support their paternal and maternal grandparents.

Article 48: Obligations and rights of siblings

Siblings have the duty to love, care for and help one another, have the obligation and right to help, protect as well as support one another in cases where they no longer have parents or their parents are not in a condition 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 each other. 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 Vietnamese families.

Chapter X

DIVORCE

Article 85: The right to request the Court to settle 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 an infant under 12 months of age, the husband is not entitled to request a divorce.

 

    
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