Nghị quyết 35/2000/NQ-QH10 về việc thi hành Luật Hôn nhân và Gia đình

RESOLUTION

ON THE IMPLEMENTATION OF THE MARRIAGE AND FAMILY LAW

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Article 84 of the 1992 Constitution of the Socialist Republic of Vietnam,

RESOLVES:

1. The Marriage and Family Law of the Socialist Republic of Vietnam adopted by the National Assembly on June 9, 2000 is called the 2000 Marriage and Family Law.

2. The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the scope of their respective functions, tasks and powers, organize on their own or jointly the revision of existing provisions of the marriage and family legislation in order to make repeals, amendments, supplements or new ones, propose the National Assembly and the National Assembly Standing Committee to make repeals, amendments, supplements or new ones in order to make them comply with this Law and ensure the effect of this Law from January 1st, 2001.

3. Clause 1, Article 11 of this Law is applied as follows:

a/ Where the husband and wife relations had been established before January 3, 1987, the date when the 1986 Marriage and Family Law came into force, but the couples have not yet registered their marriage, they are encouraged to register their marriage; in cases where such a couple apply for divorce the Court shall process and settle the case in accordance with the divorce provisions of the 2000 Marriage and Family Law.

b/ Men and women living together as husband and wife from January 3, 1987 to January 1st, 2001 and fully meeting the marriage conditions prescribed by this Law are obliged to register their marriage within two years, from the effective date of this Law to January 1st, 2003; if during this time limit they do not register their marriage and instead apply for divorce, the Court shall apply the divorce provisions of the 2000 Marriage and Family Law to the settlement thereof.

After January 1st, 2003, if they still fail to register their marriage, they shall not be recognized at law as husband and wife.

c/ As from January 1st, 2001, except for cases prescribed at Points a and b, Clause 3 of this Resolution, if a man and a woman live together as husband and wife without marriage registration, they shall not be recognized at law as husband and wife; if they apply for divorce, the Court shall process their case and declare not recognizing their husband and wife relation; if there are any requests regarding children and property, the Court shall apply Clauses 2 and 3, Article 17 of the 2000 Marriage and Family Law to the settlement thereof.

4. The Court’s application of the marriage and family legislation to the settlement of marriage and family cases is prescribed as follows:

a/ For cases processed and handled by the Court before January 1st, 2001, the 1986 Marriage and Family Law shall apply.

b/ For cases processed and handled by the Court as from January 1st, 2001, the 2000 Marriage and Family Law shall apply.

c/ The 2000 Marriage and Family Law and this Resolution shall not be applied to lodge protests according to the cassation or trials review procedures against cases already settled by the Court through the application of the 1986 Marriage and Family Law.

5. The National Assembly Standing Committee, the Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the scope of their respective functions, tasks and powers, detail and guide the implementation of this Resolution.

The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the scope of their respective functions, tasks and powers, have to coordinate with the Central Committee of Vietnam Fatherland Front and the Front’s member organizations in widely popularizing and disseminating the Marriage and Family Law with a view to promoting its effect in building and consolidating the Vietnamese prosperous, equal, progressive, happy and lasting families.

This Resolution was adopted on June 9, 2000 by the Xth National Assembly of the Socialist Republic of Vietnam at its 7th session.