Chương I Nghị định 126/2014/NĐ-CP hướng dẫn thi hành Luật Hôn nhân và gia đình: Phạm vi điều chỉnh, áp dụng tập quán về hôn nhân và gia đình

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.

Article 6. Responsibility for making lists of applicable practices

1. Within 3 years after the effective date of this Decree, provincial-level People’s Committees shall make and submit to provincial-level People’s Councils lists of marriage and family practices applicable in their localities.

2. On the basis of the practical application of marriage and family practices in their localities, provincial-level People’s Committees shall propose provincial-level People’s Councils to modify and supplement the promulgated lists of practices.