Nghị định 77/2001/NĐ-CP Hướng dẫn Nghị quyết 35/2000/QH10 về thi hành Luật Hôn nhân và gia đình

DECREE

DETAILING THE MARRIAGE REGISTRATION ACCORDING TO THE NATIONAL ASSEMBLY�S RESOLUTION No. 35/2000/QH10 ON THE IMPLEMENTATION OF THE MARRIAGE AND FAMILY LAW

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on Marriage and Family of June 9, 2000;
Pursuant to the National Assembly’s Resolution No. 35/2000/QH10 of June 9, 2000 on the implementation of the Marriage and Family Law;
In order to enhance the State management in the field of marriage and family, ensure citizens legitimate rights and interests, then proceed to doing away with the non-registered marriage and encourage the establishment of lawful marriage relations;
At the proposal of the Minister of Justice,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

1. This Decree details marriage registration for the following cases where:

a) The husband and wife relationship had been established before January 3, 1987, the effective date of the 1986 Marriage and Family Law, but the couples have not yet registered their marriage;

b) Men and women lived together as husband and wife from January 3, 1987 to January 1, 2001, the effective date of the 2000 Marriage and Family Law, but they have not yet registered their marriage.

2. The provisions in Clause 1 of this Article also cover cases where one party is a Vietnamese citizen and the other is a citizen of a neighboring country bordering on Vietnam who has settled permanently in Vietnam; cases where one party is a Vietnamese citizen and the other is a stateless person residing in Vietnam, and cases where both parties are stateless persons residing in Vietnam.

Stateless persons residing in Vietnam mentioned in this Clause are those who do not have Vietnamese nationality as well as foreign nationality recognized by other countries and who lead a stable and permanent life in Vietnam.

Article 2.- Marriage registration encouragement and obligation

1. For cases where the husband and wife relationship had been established before January 3, 1987, but the couples have not yet registered their marriage, the State encourages and creates favorable conditions for them to register their marriage. For these cases, the marriage registration shall not be limited in time.

2. Men and women living together as husband and wife from January 3, 1987 to January 1, 2001 and fully meeting the marriage conditions prescribed in the 2000 Marriage and Family Law shall be obligated to register their marriage. By January 1, 2003, if they still fail to register their marriage, they shall not be recognized by law as husband and wife.

Article 3.- Recognition of the effective date of marriage

Marriage relationship of those who register their marriages under the provisions of this Decree shall be recognized as from the date the involved parties established husband and wife relationship or actually lived together as husband and wife. The recognized effective date of marriage must be clearly inscribed in the Marriage Register and the Marriage Certificates under the guidance of the Ministry of Justice.

Article 4.- Exemption of marriage registration fee

For cases defined in this Decree, marriage registration shall be exempt from fee.

Chapter II

MARRIAGE REGISTRATION PROCEDURES

Article 5.- Competence and procedures for marriage registration

1. The People’s Committee of the commune, ward or district town (hereafter called the commune-level People’s Committee) of the locality, where either of the two parties registers his/her permanent residence, shall effect the marriage registration.

In cases where both parties have not registered their permanent residence, but their definitive temporary residence according to the provisions of the legislation on residence registration, the commune-level People’s Committee of the locality where either of the two parties registers his/her definitive temporary residence, shall effect the marriage registration.

2. When applying for marriage registration, the two parties shall only have to make the declaration for marriage registration and produce their identity cards or valid substitute papers.

In their marriage registration declaration form, the two parties shall additionally inscribe the day, month, year, when they established husband and wife relationship or actually started living together as husband and wife. In cases where both the husband and wife fail to determine the date when they established husband and wife relationship or actually started living together as husband and wife, such date shall be determined as follows:

- If they can determine the month, but cannot determine day, the 1st of the subsequent month shall be taken.

- If they can determine the year, but cannot determine day and month, January 1st of the subsequent year shall be taken.

Article 6.- Settlement of marriage registration for cases where husband and wife relationship had been established before January 3, 1987

In cases where both husband and wife permanently or temporarily reside in the locality where they apply for marriage registration, the People’s Committee shall effect the marriage registration as soon as it receives the marriage registration declaration.

In cases where either of the two parties does not permanently or temporarily resides in the locality where the couple apply for marriage registration, but the People’s Committee knows exactly about their marriage status, it shall immediately effect the marriage registration. When having any doubt about whether or not the involved parties breach the regulation on monogamy, the People’s Committee shall request them to make a written commitment with certifications thereof by at least two witnesses. The witnesses shall have to bear responsibility before law for the truthfulness of their witnessing.

Article 7.- Settlement of marriage registration in cases where men and women lived together as husband and wife from January 3, 1987 to January 1, 2001

In cases where either of the marriage partners does not have his/her permanent or temporary residence registration in the locality where the couple apply for marriage registration, in their marriage registration declaration, there must be certification of the marital status of such person by his/her agency or unit (for officials, public employees and people serving in the armed forces) or the commune-level People’s Committee of the locality where he/she registers his/her permanent or temporary residence. If both parties permanently or temporarily reside in the locality where they apply for marriage registration, the above-mentioned certification is not required.

After receiving the marriage registration declaration form, the People’s Committee shall conduct the inspection, if the involved parties fully meet the marriage conditions prescribed in Article 9 of the 2000 Marriage and Family Law, it shall immediately effect the marriage registration. When having any doubt about whether or not either of the two parties or both parties is or are eligible for marriage, the People’s Committee shall request them to make written commitment with certification by at least two witnesses. The witnesses shall have to bear responsibility before law for the truthfulness of their witnessing.

Article 8.- Places of marriage registration

In order to create favorable conditions for marital parties, the marriage registration may be effected at the headquarters of the People’s Committees or in the villages, hamlets or population groups according to plans of the commune-level People’s Committees.

Article 9.- Recognition of the couples’ common children

For cases prescribed in Article 1 of this Decree, children born before the marriage registration date and recognized by their parents are also common children of husband and wife.

If the blanks reserved for inscription about the father in the birth registers and the children’s birth certificates remain unfilled, the commune-level People’s Committees, which effected the birth registration, shall base on the marriage certificates of the parents to make additional inscriptions about the father in the birth registers and children’s birth certificates, and at the same time, cross out the note "out-of-wedlock child" in the birth registers.

Chapter III

IMPLEMENTATION PROVISIONS

Article 10.- Responsibility of the Ministry of Justice

The Ministry of Justice shall have to assist the Government in directing, guiding and inspecting the implementation of this Decree.

Article 11.- Responsibility of the People’s Committees of various levels

1. The provincial-level People’s Committees and the district-level People’s Committees shall, within the ambit of their tasks and powers, have to guide, direct, inspect and urge the commune-level People’s Committees to implement this Decree.

2. The commune-level People’s Committees shall have to:

a) Propagate, mobilize, revise and draw up list of cases that need the marriage registration according to the provisions of this Decree.

b) Organize the marriage registration in a timely, convenient and accurate manner for cases prescribed in this Decree.

c) Make accurate and timely certification of the marital status of the marriage partners, when so requested.

d) Ensure the allocation of State budget funding for the organization of activities relating to marriage registration mentioned in this Decree according to the current regulations.

Article 12.- Implementation effect

1. This Decree takes effect 15 days after its signing.

2. The ministers, the heads of the ministerial-level agencies, the heads of agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.