Decree No.126/2014/ND-CP Detailing Some Articles & Measures for Implementation of Law on Marriage and Family

This Decree prescribes in detail the application of marriage and family practices, the matrimonial property regime... involving foreign elements ...

DECREE

DETAILING A NUMBER OF ARTICLES AND MEASURES FOR IMPLEMENTATION OF THE LAW ON MARRIAGE AND FAMILY

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 19, 2014 Law on Marriage and Family;

At the proposal of the Minister of Justice,

The Government promulgates the Decree detailing a number of articles and measures for implementation of the Law on Marriage and Family.

Chapter I

SCOPE OF REGULATION AND APPLICATION OF MARRIAGE AND FAMILY PRACTICES

Article 1. Scope of regulation

This Decree prescribes in detail the application of marriage and family practices, the matrimonial property regime, settlement of marriage and family matters involving foreign elements and a number of measures to implement the Law on Marriage and Family.

Article 2. Principles of application of practices

1. Applicable practices must be rules of conduct compliant with Clause 4, Article 3 of the Law on Marriage and Family.

2. The application of practices must satisfy the conditions prescribed in Article 7 of the Law on Marriage and Family.

3. Involved parties’ agreement on applicable practices shall be respected.

Article 3. Agreement on applicable practices

1. The provision of Clause 1, Article 7 of the Law on Marriage and Family that involved parties have no agreement shall be construed as involved parties neither reach agreement on application of practices nor reach other agreements on the case or matter to be settled.

2. In case involved parties reach agreement on applicable practices, the settlement of the case or matter must comply with such agreement. In case involved parties reach no agreement, the settlement must comply with Article 4 of this Decree.

Article 4. Settlement of marriage and family cases and matters applying practices

1. For settlement of a marriage and family case or matter applying practices, conciliation shall be conducted in accordance with the law on grassroots conciliation. Prestigious persons in the community or religious dignitaries shall be encouraged to participate in the conciliation.

2. In case the conciliation fails or the marriage and family case or matter applying practices falls outside the scope of grassroots conciliation, a court shall settle that case or matter in accordance with the law on civil procedure.

Article 5. Advocacy and mobilization for application of practices

1. Related ministries and sectors and People’s Committees at all levels shall coordinate with the Vietnam Fatherland Front in working out and implementing the following policies and measures:

a/ To create conditions for the people to implement the law on marriage and family; to uphold fine traditions and practices which show the identity of each ethnic group, to eliminate backward marriage and family practices;

b/ To increase public information on the law on marriage and family; to mobilize the people to uphold fine traditions and practices and eliminate backward marriage and family practices;

c/ To educate young generations about preserving and developing the language and script, and promote the cultural values of fine practices, of each ethnic group.

2. Backward marriage and family practice means a practice which contravenes the fundamental principles of the marriage and family regime prescribed in Article 2 of the Law on Marriage and Family or violates Clause 2, Article 5 of the Law on Maưiage and Family.

Promulgated together with this Decree is the list of backward marriage and family practices which should be eliminated through mobilization or banned from application.

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Chapter IV

IMPLEMENTATION PROVISIONS

Article 65. Effect

1. This Decree takes effect on February 15, 2015.

2. To annul the Government’s Decree No. 70/2001/ND-CP of October 3, 2001, detailing a number of articles of the Law on Marriage and Family; Decree No. 32/2002/ND-CP of March 27, 2002, prescribing the application of the Law on marriage and family to ethnic minority people; Article 2 of Decree No. 06/2012/ND-CP of February 2, 2012, amending and supplementing a number of articles of the decrees on civil status, marriage and family and certification, and Decree No. 24/2013/ND-CP of March 28, 2013, detailing a number of articles of the Law on Marriage and Family regarding marriage and family relations involving foreign elements, except regulations on consular legalization, certification of translators’ signatures and copies, papers for stateless persons, persons with multiple foreign nationalities, Vietnamese citizens residing abroad and fees, cease to be effective on the effective date of the Decree detailing the Law on Civil Status.

Article 66. Transitional provisions

Dossiers of request for marriage registration; parent or child recognition, grant of marital status certificates to Vietnamese citizens residing in the country to be used for registration of marriage with foreigners at competent foreign agencies overseas, recording of marriages or parent or child recognition settled overseas by competent foreign agencies and received by competent Vietnamese agencies before the effective date of this Decree shall be settled under Decree No. 24/2013/ND-CP of March 28, 2013, detailing a number of articles of the Law on Marriage and Family regarding marriage and family relations involving foreign elements.

Article 67. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of all-level People’s Committees and related organizations and persons shall implement this Decree.