Chương XI Luật Hôn nhân và Gia đình 2000: Quan hệ hôn nhân và gia đình có yếu tố nước ngoài

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

1. In the Socialist Republic of Vietnam, the marriage and family relations involving foreign elements are respected and protected in accordance with the provisions of the Vietnamese law and international agreements which the Socialist Republic of Vietnam has signed or acceded to.

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.

2. The Vietnamese overseas diplomatic missions and consulates effect the marriage registration and settle matters related to child adoption and guardianship involving foreign elements in accordance with the provisions of this Law and other Vietnamese relevant law provisions and international agreements which the Socialist Republic of Vietnam has signed or acceded to, if such registration or settlement does not contravene the host country’s law; have the responsibility to protect the legitimate rights and interests of Vietnamese citizens in the marriage and family relations involving foreign elements.

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.

3. The settlement of a divorced couple’s property being an immovable in a foreign country shall comply with the legislation of the country where such immovable is located.

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.

2. Where the guardianship in the marriage and family relations between Vietnamese citizens and foreigners is effected in foreign countries, the rights and obligations of the guardian and ward shall comply with the law of the country of residence of the guardian.