Decision No. 1930/PL-DSKT on implementing Directive No. 482-CT dated September 8, 1994, of the Prime Minister regarding the summary of eight years of implementation of the Law on Marriage and Family Relations.

Pursuant to …;

OF THE MINISTER OF JUSTICE

Regarding the implementation of Directive No. 482/CT dated September 8, 1994 of the Prime Minister

on the summary of eight years of implementing the Marriage and Family Law of 1986 throughout the country

On September 8, 1994, the Prime Minister issued Directive No. 482/CT regarding the summary of eight years of implementing the Marriage and Family Law of 1986 throughout the country to focus on evaluating the situation of implementing the provisions of the law, analyzing the reasons for not fully and strictly implementing the provisions of the Marriage and Family Law, the reasons for violations of the law still occurring in localities; identifying new issues arising that require amendments and supplements to policies and laws.

In order to promptly implement Directive No. 482-TTg of the Prime Minister in conjunction with the implementation of the Action Program of the Steering Committee for the International Year of Families in Vietnam, the Minister of Justice decides:

I - TASKS TO BE IMPLEMENTED ACROSS THE DEPARTMENT

A - On the implementation of Directive No. 482-TTg of the Prime Minister.

1. The Director of the Department of Justice shall coordinate with the Women's Union, People's Court, People's Procuracy, and other relevant agencies and organizations at the same level in the locality to assist the Chairman of the People's Council in organizing the summary of the practical implementation of the Marriage and Family Law of 1986 on the following main aspects:

a) Conducting surveys to grasp the situation of violations of the Marriage and Family Law and their causes;

b) Statistics on cases of violation of the Marriage and Family Law:

Cases of illegal marriage such as child marriage, forced marriage, violation of the monogamy system, failure to register marriage...

Cases of domestic violence against wives, beating, neglecting wives and children, failing to fulfill the obligation to support children and parents;

Cases of violation of the right to own and use joint property and personal property of spouses and other members of the family;

Cases of violation of regulations on adoption or discrimination against adopted children; violation of the guardianship system for minors;

Violations of the law on marriage with foreigners in the locality;

Violations of the law on registration of marriage, birth, death, adoption, and guardianship.

c) Organizing research and analysis of the causes of violations of the Marriage and Family Law, identifying loopholes, shortcomings, and limitations of the law.

d) Studying and assessing the impact of the Land Law, Company Law, Private Enterprise Law, Inheritance Ordinance, and other laws on the property relations of spouses and family relations;

đ) Analyzing mechanisms and measures to ensure the enforcement of the Marriage and Family Law, including the dissemination and education of the Marriage and Family Law in the locality, schools, and individual families;

e) Statistics on new phenomena related to marriage and family in the locality and the causes of these phenomena.

2. The President of the People's Court of the province or centrally-administered city shall be responsible for:

a) Organizing the summary of practical trials of cases related to marriage and family in the locality, analyzing types of cases, difficulties, and obstacles in trial work, and their relationship with criminal and civil cases;

b) Organizing research and analysis of the causes of violations of the Marriage and Family Law, identifying loopholes in the law to make specific recommendations;

c) Coordinating with the Director of the Department of Justice to guide the content of the summary of practical trials of cases related to marriage and family in district, county, town, and provincial-level people's courts.

3. The Director of the Department of Justice shall direct the Enforcement Office and Enforcement Teams to summarize the practical enforcement of marriage and family cases and propose specific recommendations within their scope of responsibility; at the same time, coordinating with mass media organizations to organize the dissemination, popularization, and education of the Marriage and Family Law among the people.

4. Departments and Bureaus under the Ministry within their respective functions and authorities must summarize the implementation of the Marriage and Family Law; organize some teams to conduct surveys of actual situations while attending the summary conference of eight years of implementing the Marriage and Family Law in various localities, including northern mountainous provinces and the Central Highlands; guide provincial Departments of Justice and provincial-level People's Courts in implementing Directive No. 482-TTg of the Prime Minister; the Hanoi University of Law shall be responsible for summarizing teaching activities related to the Marriage and Family Law; continue to innovate and improve the quality of teaching this subject.

The Planning and Finance Department shall be responsible for:

Promptly preparing the necessary budget plan for the summary of eight years of implementing the Marriage and Family Law at the central level according to the emergency plan;

Guiding provincial Departments of Justice and provincial-level People's Courts to prepare budgets for serving the summary of eight years of implementing the Marriage and Family Law in localities;

Coordinating with the Ministry's Office in providing funds for the central summary conference and for survey teams visiting some localities.

B. On the implementation of the Action Program of the Steering Committee for the International Year of Families in Vietnam.

1. The Civil and Commercial Law Department shall be responsible for:

Reviewing economic policies related to families; reviewing the Land Law, Marriage and Family Law, Company Law, Private Enterprise Law, and Inheritance Ordinance;

Proposing new policies related to families and studying amendments and supplements to current laws and ordinances.

The Administrative and Criminal Law Department shall be responsible for organizing reviews of population policies, household registration policies, military rear policies, educational fee policies, scholarship policies, medical fee policies, policies for ethnic regions, Catholic regions, single-parent families, and incomplete families, and proposing directions for amending and supplementing relevant policies and laws.

3. Departments and Bureaus under the Ministry, provincial Departments of Justice, and provincial-level People's Courts within their respective functions and authorities shall be responsible for implementing the Action Program of the Steering Committee for the International Year of Families in Vietnam and proposing specific recommendations to the Ministry regarding the construction, consolidation, and improvement of Vietnamese families in the new situation.

4. Liquid bull semen On the study of amendments and supplements to the Marriage and Family Law.

1. The Civil and Economic Law Department shall be responsible for leading the team of experts to assist the Drafting Board of the Marriage and Family Law in conducting practical surveys, referring to foreign experiences, analyzing loopholes and difficulties in the implementation of the law, collecting suggestions from relevant sectors, localities, and the public to draft a proposal for amending and supplementing the Marriage and Family Law according to the plan.

2. The Departments of Justice and People's Courts at provincial level shall organize research and report to the Ministry with specific recommendations on amending and supplementing the Marriage and Family Law.

II - IMPLEMENTATION PROGRESS.

1. By the end of December 1994, the Departments of Justice and People's Courts at provincial level must submit reports to the Ministry regarding the completion of assigned tasks. The Department Heads shall assist the Chairmen of the People's Committees in organizing a conference to summarize the eight-year implementation of the Marriage and Family Law in December 1994.

2. The Departments and Bureaus under the Ministry shall organize practical surveys in November and December 1994. The Civil and Economic Law Department shall assist the Ministry in jointly leading with the Central Vietnam Women's Union and related agencies to organize a central conference to summarize the eight-year implementation of the Marriage and Family Law in January 1995.

3. In January 1995, the team of experts of the Drafting Board of the Amended Marriage and Family Law must complete the draft proposal for amending and supplementing the Marriage and Family Law to be submitted to the Drafting Board for comments.

4. At the beginning of March 1995, the Ministry shall report to the Prime Minister on the situation of implementing Directive No. 482-TTg of the Prime Minister.

This Decision takes effect from the date of signing, attached to this Decision are:

a) Directive No. 482-TTg dated September 8, 1994 of the Prime Minister;

b) Action Program of the Steering Committee for the Year of the Family in Vietnam;

c) Outline for Research on Amending and Supplementing the Marriage and Family Law./.