General provisions

General provisions

Article 1. Scope

This Law regulates the regime of marriage and family; legal standards for behavior between family members; responsibility of individuals, organizations, state and society in the formulation, to strengthen the regime of marriage and family.

Article 2. The basic principles of the regime of marriage and family

1. Marriage voluntary, progressive, monogamy, wife are equal.

2. Marriages between citizens of Vietnam ethnic, religious, between the religious and non-religious people, between believers and non-believers, between citizens and foreigners Vietnam be respected and protected by law.

3. To build a prosperous family, progress, happiness; Family members are obliged to respect, concern, care, help each other; no discrimination among children.

4. The State, society and families have the responsibility to protect and support children, the elderly, people with disabilities to exercise the rights of marriage and family; Mothers help implement the noble function of the mother; implementation of family planning.

5. To inherit and promote cultural traditions, good morals of the people of Vietnam on marriage and family.

Article 3. Definitions

In this Law, the following terms are construed as follows:

1. Marriage is the relationship between husband and wife after marriage.

2. The family is a group of persons bound together by marriage, blood relations or foster relations, give rise to rights and obligations between them under the provisions of this Law.

3. The regime of marriage and family is the whole of the provisions of the law on marriage and divorce; rights and obligations between spouses, between parents and children, between other family members; alimentation; determine the father, mother or child; marriage and family relations involving foreign elements and other matters relating to marriage and family.

4. The practice of marriage and family are rules of conduct that says clearly the rights and obligations of the parties to the marriage and family, is over and repeat for a long time and be widely acknowledged in an area, region or community.

5. Marriage is for men and women to establish conjugal relationship with each other under the provisions of this law on the conditions for marriage and registration of marriages.

6. Marriage is unlawful as the men and women have registered their marriage in state agencies competent but one side or both sides of marriage violated the conditions prescribed in Article 8 of this Law.

7. Living together as husband and wife as the men and women held each other and consider their life together as husband and wife.

8. Child marriage is getting married, getting married when one party or both parties are not old enough to marry under the provisions of paragraph 1 of Article 8 of this Law.

9. Forced marriage, divorce is the threat, mental intimidation, torture, abuse, property claim or other acts to force others into marriage or divorce against their will.

10. Hindering to marry, divorce is the threat, mental intimidation, torture, abuse, property claim or other acts to prevent the marriage of people are eligible to marry under the provisions of this Law or force others to maintain marital relations contrary to their wishes.

11. Marriage is the abuse sham marriage for exit and entry, residence and citizenship of Vietnam, foreign nationality; enjoy preferential treatment by the State, or to achieve other purposes but not for the purpose of forming a family.

 12. Property claim in marriage is the physical requirements unduly and regard it as a condition for marriage in order to impede voluntary marriage of man and woman.

13. The period around the time of marriage is the conjugal relationship exists, is calculated from the date of registration of marriage to the date of termination of the marriage.

14. Divorce is the termination of the conjugal relationship according to the judgment, the effective decisions of courts of law.

15. Divorce is the advantage fake divorce to evade financial obligations, violations of policies and laws on the population or to achieve other purposes which are not intended to terminate the marriage.

16. Family members include spouses; birth parents, adoptive parents, stepfather, stepmother, wife, parents, parents in law; biological children, adopted child, stepchild of the spouse, son or daughter-in-law; brother, sister, brother, mother, brother, sister, mother-brother, brother, sister, stepbrother brother, brother in law, brother in law, sister in law, brother in-law of his parents or his half , stepbrother; grandparents, grandparents; grandson, grandson; aunt, uncle, uncle, uncle and nephew.

17. Those same direct blood line who have blood relations in which other people are born in succession.

18. People who have relatives within three generations are the same original parents are born including the first generation; brother, sister, brother, mother, father and mother, stepbrother is the second generation; brother, sister, uncle brother, the doctor, her son, his son, the third generation children's aunt.

19. Relatives who have marital relations, nurturing, people with direct blood flow and who have relatives within three generations.

20. Demand for essential daily needs regular food, clothing, housing, education, medical treatment and daily needs common indispensable for the life of every person, every family.

21. Births by assisted reproductive techniques is having a child by artificial insemination techniques, or in vitro fertilization.

22. Surrogacy for humanitarian purposes to a woman is a voluntary, not-for-trade to help pregnant wife couple that can not be pregnant and give birth even if the technical application support fertility, by taking the wife's ovum and the sperm of the husband to in vitro fertilization, and then implanted into the womb of pregnant women to voluntarily this person pregnancy and childbirth.

23. Surrogacy for commercial purposes is for a pregnant woman to another person by the application of assisted reproduction techniques for economic benefit or other benefits.

24. Support is the one who has the obligation to contribute money or other assets to meet the essential needs of people who do not live with them but have marital relations, nurtured by blood or in cases where it is juvenile, adult members without working capacity and no property to support themselves or who have difficulty, destitute under the provisions of this Law.

25. The relationship of marriage and family relations involving foreign elements as marriage and family, which at least one party is a foreigner, the Vietnam residing abroad; marriage and family between the parties are citizens of Vietnam but the basis for the establishment, changes, termination of that relationship under foreign law, arise overseas or assets related to that system abroad.

Article 4. Responsibility of the State and society for marriage and family

1. The State shall adopt policies and measures for the protection of marriage and family, and create conditions for men and women set of voluntary, progressive, monogamy, wife are equal; building a prosperous family, progressive, happy and full implementation of its functions; enhance communication and dissemination, legal education on marriage and the family; mobilizing the people to abolish customs and outdated practices on marriage and family, upholding traditions, customs, traditions nice express the identity of each nation.

2. The Government unifies the State management over marriage and family. The ministries, ministerial-level agencies perform state management over marriage and family as assigned by the Government. People's Committees at all levels and other agencies to manage the state of marriage and the family in accordance with the law.

3. Agencies and organizations responsible for the education and mobilization of cadres and civil servants, officers, employees, their members and citizens to build cultural families; timely reconciliation of conflicts in the family, protection of rights and legal interests of family members. Collaboration with schools in educating families, propaganda and popularization of laws on marriage and the family for generations.

Article 5. Protection modes marriage and family

1. The relationship of marriage and the family are established and implemented under the provisions of this Law shall be respected and protected by law.

2. The following acts are prohibited:

a) Marriage sham, sham divorce;

b) Child marriage, forced marriage, marriage deceive, obstruct marriage;

c) Those who are married, married but the marriage or living together as husband and wife with another person or no wife, no husband that the marriage or living together as husband and wife with persons who are married, have a wife;

d) married or living together as husband and wife between persons of direct blood line; between those who have relatives within three generations; between adoptive parents and adopted children; between who was the adoptive parents and adopted children, father, husband and daughter in law, mother-in-law and wife with children, stepfather to his wife's stepchildren, stepmother and stepchildren;

e) Property claim in marriage;

e) Forcing divorce, divorce cheating or obstructing divorce;

g) Make a baby with assisted reproduction techniques for commercial purposes, surrogacy for commercial purposes, fetal sex selection, asexual;

h) Domestic violence;

i) Taking advantage of the implementation of the rights of marriage and family to human trafficking, labor exploitation, sexual abuse or other acts for the purpose of profiteering.

3. All violations of the law on marriage and the family must be handled strictly in accordance with law.

Agencies, organizations and individuals may request the court, or other competent authorities apply timely measures to prevent and deal with violations of the legislation on marriage and the family.

4. The honor, dignity, reputation, privacy and private rights of the parties are respected, protected in the process of handling the case of marriage and family.

Article 6. Application of the provisions of the Civil Code and other relevant laws

The provisions of the Civil Code and other laws relating to marriage and family relations apply to marriage and the family in the case of this law is not specified.

Article 7. Application of practices on marriage and family

1. In cases stipulated by law and the parties have not agreed upon the good practices represent the identity of each nation, are not inconsistent with the principles defined in Article 2 and does not violate the provisions of this Law apply.

2. The Government shall detail paragraph 1 of this Article.

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