Chapter II
PROVISIONS ON MARRIAGE
Article 4.- Marriage ages
Only men aged twenty or older and women aged eighteen or more are eligible to marry in order to ensure the race development and to ensure that men and women have enough health conditions and capability to take care of their family life. The People’s Committees of communes, wards, district townships (hereinafter called the commune-level People’s Committees), the Fatherland Front of the same level and its member organizations, the village patriarchs, the hamlet chiefs and religious dignitaries shall mobilize people to eradicate the customs and practice of marriage before the ages prescribed by the 2000 Marriage and Family Law (underage marriage).
Article 5.- Ensuring men’s and women’s rights to marriage freedom
1. Marriage shall be decided voluntarily by men and women, regardless of nationality, religion and belief and without coercion or deception of one party by the other.
The commune-level People’s Committees, the Fatherland Front of the same level and its member organizations, the village patriarch, the hamlet chiefs and religious dignitaries shall mobilize and persuade parents to guide their children in building progressive families and not to force or obstruct their marriage; mobilize everyone to get rid of the backward customs and practices which impede the rights to marriage freedom of men and women.
2. To strictly prohibit the custom of wife snatching in order to coerce women to be one�s wives.
Nobody is allowed to take advantage of physiognomy reading or other forms of superstitious practice to obstruct the exercise of the right to freedom of marriage of men and women.
Article 6.- Ensuring the rights to freedom of marriage of widows and widowers
1. Widows and widowers have the right to marry other persons and shall not have to return the marriage offerings to their ex-husbands or ex-wives families. When marrying other persons, their rights to children and property shall be protected by law.
2. To strictly prohibit the practice of forcing widowers or widows to marry other persons in the families of their ex-wives or ex-husbands without their consents.
Article 7.- The marriage between persons of direct lines of descent and between persons of the same line of descent
The marriage between persons of direct lines of descent or of the same lines of descent within three generations is strictly prohibited.
People are mobilized to eradicate the customs and practice of prohibiting marriage between relatives of the fourth generation on.
Article 8.- Marriage registration
The commune-level People’s Committee of the locality where either marriage partner resides shall effect the marriage registration.
In order to create favorable conditions for marriage partners, the marriage registration shall be carried out for people at the offices of the commune-level People’s Committees or at the population groups of street wards, villages, hamlets where either marriage partner resides.
When registering their marriages, men and women should fill in the marriage registration declaration forms and produce their people’s identity cards or valid substitute papers. After receiving the marriage registration declaration forms, the commune-level People’s Committees shall check them; if the parties have satisfied all conditions for marriage as provided for in this Decree, the marriage registration shall be effected. After the men and the women sign their names into the marriage certificates and the marriage registers, the commune-level People’s Committee presidents shall grant them the marriage certificates. The originals of the marriage certificates shall be handed to the husbands and their wives at the offices of the commune-level People’s Committees or their residence places.
The marriage registration for ethnic minority people in deep-lying and far-flung areas is exempt from fee.
Article 9.- Application of customs and practices regarding marriage proposal and wedding ceremonies.
1. The economical and healthy marriage proposal and wedding ceremonies which demonstrate the identities of ethnic groups and do not contravene the provisions of the 2000 Marriage and Family Law shall be respected and promoted.
2. The asking for high wedding presents of commercial nature ( asking for silver, cash, dowries, buffaloes, cows, gongs as wedding presents) and all acts of obstructing the marriage or infringing upon the women’s dignity are strictly prohibited.
Tìm kiếm
Nghị định 32/2002/NĐ-CP (Bản Word)