Chương 5 Nghị định 32/2002/NĐ-CP: Quy định về ly hôn

Chapter V

PROVISIONS ON DIVORCE

Article 18.- Settling divorces between wives and husbands

1. The courts shall settle divorces between wives and husbands

The practice of settling divorces by village patriarchs, hamlet chiefs or religious dignitaries shall be done away with through mobilization.

2. Before the courts process applications for divorces between wives and husbands, the State encourages village patriarchs, hamlet chiefs or religious dignitaries to make conciliation at the grassroots level. The conciliation shall be carried out in accordance with the law provisions on conciliation at the grassroots level.

Article 19.- Property division between wives and husbands upon their divorces

1. Upon their divorces, the division of the common properties of wives and husbands must ensure equality, reasonability and be carried out according to the principles prescribed by law.

For ethnic groups where exist patriarchy or matriarchy, attention should be paid to the protection of the legitimate rights and interests of the wives or the husbands in division of their common property upon their divorces.

2. The customs and practices of asking for property return and/or imposing fines when wives and husbands divorce are strictly prohibited.

Article 20.- The looking after, taking care of, nurture and education of children after divorces

After divorces, the handing over of minor children or grown-up children who are disabled, lose their civil act capacity or their working capacity and have no property to live on by themselves to either party to look after, take care of, nurture and educate must be based on the children’s interests in all aspects and must comply with the provisions of the 2000 Marriage and Family Law.

For ethnic groups where exist the patriarchy or matriarchy, the wives or husbands rights to directly look after, take care of, nurture and educate the children after their divorces should be protected.