THE NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
No: 35/2000/QH10 | Hanoi, June 09, 2000 |
RESOLUTION
ON THE IMPLEMENTATION OF THE MARRIAGE AND FAMILY LAW
THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Article 84 of the 1992 Constitution of the Socialist Republic of Vietnam,
RESOLVES:
1. The Marriage and Family Law of the Socialist Republic of Vietnam adopted by the National Assembly on June 9, 2000 is called the 2000 Marriage and Family Law.
2. The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the scope of their respective functions, tasks and powers, organize on their own or jointly the revision of existing provisions of the marriage and family legislation in order to make repeals, amendments, supplements or new ones, propose the National Assembly and the National Assembly Standing Committee to make repeals, amendments, supplements or new ones in order to make them comply with this Law and ensure the effect of this Law from January 1st, 2001.
3. Clause 1, Article 11 of this Law is applied as follows:
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b/ Men and women living together as husband and wife from January 3, 1987 to January 1st, 2001 and fully meeting the marriage conditions prescribed by this Law are obliged to register their marriage within two years, from the effective date of this Law to January 1st, 2003; if during this time limit they do not register their marriage and instead apply for divorce, the Court shall apply the divorce provisions of the 2000 Marriage and Family Law to the settlement thereof.
After January 1st, 2003, if they still fail to register their marriage, they shall not be recognized at law as husband and wife.
c/ As from January 1st, 2001, except for cases prescribed at Points a and b, Clause 3 of this Resolution, if a man and a woman live together as husband and wife without marriage registration, they shall not be recognized at law as husband and wife; if they apply for divorce, the Court shall process their case and declare not recognizing their husband and wife relation; if there are any requests regarding children and property, the Court shall apply Clauses 2 and 3, Article 17 of the 2000 Marriage and Family Law to the settlement thereof.
4. The Court’s application of the marriage and family legislation to the settlement of marriage and family cases is prescribed as follows:
a/ For cases processed and handled by the Court before January 1st, 2001, the 1986 Marriage and Family Law shall apply.
b/ For cases processed and handled by the Court as from January 1st, 2001, the 2000 Marriage and Family Law shall apply.
c/ The 2000 Marriage and Family Law and this Resolution shall not be applied to lodge protests according to the cassation or trials review procedures against cases already settled by the Court through the application of the 1986 Marriage and Family Law.
5. The National Assembly Standing Committee, the Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the scope of their respective functions, tasks and powers, detail and guide the implementation of this Resolution.
The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the scope of their respective functions, tasks and powers, have to coordinate with the Central Committee of Vietnam Fatherland Front and the Front’s member organizations in widely popularizing and disseminating the Marriage and Family Law with a view to promoting its effect in building and consolidating the Vietnamese prosperous, equal, progressive, happy and lasting families.
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CHAIRMAN OF THE NATIONAL ASSEMBLY
Nong Duc Manh
- 1Decree of Government No.32/2002/ND-CP of March 27, 2002 prescribing the application of The Law on Marriage and Family to ethnic minority people
- 2Decree no. 77/2001/ND-CP of October 22, 2001 detailing the marriage registration according to the national assembly''s resolution no. 35/2000/QH10 on the implementation of the marriage and family law
- 3Decree no. 70/2001/ND-CP of October 03, 2001 detailing the implementation of the marriage and family law
- 4Law No. 22/2000/QH10, on the Marriage and Family, passed by the National Assembly
- 51992 Constitution of the Socialist Republic of Vietnam
Resolution No. 35/2000/QH10, on the implementation of the Marriage and Family Law, passed by the National Assembly
- Số hiệu: 35/2000/QH10
- Loại văn bản: Nghị quyết
- Ngày ban hành: 09/06/2000
- Nơi ban hành: Quốc hội
- Người ký: Nông Đức Mạnh
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 24/06/2000
- Ngày hết hiệu lực: 01/07/2016
- Tình trạng hiệu lực: Hết hiệu lực