Law on Marriage and Family No. 22/2000/QH10

LAW

Marriage and Family

_________

 

PREAMBLE

The family is the cell of society, the cradle that nurtures human beings, and an important environment in shaping and educating personality, contributing to the cause of building and defending the country. A good family leads to a good society, and a good society benefits the family even more.

To enhance the role of the family in social life, to preserve and promote the fine traditions and customs of the Vietnamese people, and to eliminate outdated customs and practices regarding marriage and family;

To raise the responsibility of citizens, the State, and society in establishing and consolidating the Vietnamese marriage and family system;

To inherit and develop the laws on marriage and family of Vietnam;

Based on the Constitution of the Socialist Republic of Vietnam in 1992;

This Law stipulates the regime of marriage and family.

PART I

GENERAL PROVISIONS

Article 1. Tasks and Scope of Application of the Law on Marriage and Family

The Law on Marriage and Family has the task of contributing to the establishment, improvement, and protection of a progressive marriage and family system, setting legal standards for the behavior of members within the family, protecting the legitimate rights and interests of members of the family, inheriting and promoting the fine moral traditions of the Vietnamese family to build a warm, equal, progressive, happy, and stable family.

The Law on Marriage and Family stipulates the regime of marriage and family, and the responsibilities of citizens, the State, and society in establishing and consolidating the Vietnamese marriage and family system.

Article 2. Basic Principles of the Regime of Marriage and Family

1. Marriage must be voluntary, progressive, monogamous, and gender-equal.

2. Marriages between Vietnamese citizens of different ethnicities and religions, between believers and non-believers, and between Vietnamese citizens and foreigners shall be respected and protected by law.

3. Spouses have the duty to implement population policies and family planning.

4. Parents have the duty to raise their children to become useful citizens for society; children have the duty to respect, care for, and support their parents; grandchildren have the duty to respect, care for, and support their grandparents; family members have the duty to care for, assist, and help each other.

5. The State and society do not recognize discrimination among children, between sons and daughters, between biological and adopted children, or between children born in and out of wedlock.

6. The State, society, and family have the responsibility to protect women and children, and to assist mothers in fulfilling their noble duties.

Article 3. Responsibilities of the State and Society towards Marriage and Family

1. The State has policies and measures to create conditions for male and female citizens to establish voluntary and progressive marriages and for families to fully perform their functions; to strengthen propaganda and dissemination of laws on marriage and family; to mobilize the people to eliminate outdated customs and practices regarding marriage and family, to promote fine traditions and customs reflecting the identity of each ethnic group; to build a progressive marriage and family relationship.

2. Agencies and organizations have the responsibility to educate and mobilize cadres, civil servants, members of their own organization, and all citizens to build cultural families; to provide counseling on marriage and family; to promptly mediate conflicts within the family, and to protect the legitimate rights and interests of family members.

3. Schools cooperate with families in educating, propagandizing, and disseminating laws on marriage and family to the younger generation.

Article 4. Protection of marriage and family regime

1. Relationships of marriage and family carried out in accordance with the provisions of this Law shall be respected and protected by law.

2. Early marriage, forced marriage, obstruction of voluntary and progressive marriage; fake marriage, deceiving to marry or divorce; forced divorce, fake divorce; demanding property in marriage and wedding shall be prohibited.

It is forbidden for a person who has a wife or husband to marry or live together as husband and wife with another person or for a person who does not have a wife or husband to marry or live together as husband and wife with a person who already has a wife or husband.

It is forbidden to abuse, mistreat grandparents, parents, spouse, children, grandchildren, siblings, and other members of the family.

3. All acts violating the law on marriage and family must be dealt with promptly, strictly, and in accordance with the law.

Agencies, organizations, and individuals have the right to request the Court or other competent authorities to take prompt measures to prevent and strictly deal with persons who violate the law on marriage and family.

Article 5. Application of the Civil Code

The provisions of the Civil Code related to marriage and family relationships shall apply to marriage and family relationships when the law on marriage and family does not provide otherwise.

Article 6. Application of customs and traditions regarding marriage and family

In marriage and family relations, customs and traditions reflecting the identity of each ethnic group that do not contravene the principles stipulated in this Law shall be respected and promoted.

, Clause 1, Clause 2 Article 7a of this Regulation.. Application of the law on marriage and family to marriage and family relationships involving foreign elements.

1. The provisions of the law on marriage and family of the Socialist Republic of Vietnam shall apply to marriage and family relationships involving foreign elements, except where this Law provides otherwise.

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party contain provisions different from those of this Law, the provisions of the international treaty shall apply.

Article 8. Interpretation of terms

In this Law, the following terms shall be understood as follows:

1. Marriage and family regime means all provisions of the law concerning marriage, divorce, rights and obligations between spouses, between parents and children, between other members of the family, maintenance, determination of parentage, adoption, guardianship, marriage and family relationships involving foreign elements, and other issues related to marriage and family;

2. Marriage is the establishment of a marital relationship between a man and a woman according to the law's provisions on conditions for marriage and registration of marriage;

3. Invalid marriage is the establishment of a marital relationship through registration of marriage but in violation of the conditions for marriage prescribed by law;

4. Early marriage is the taking of a wife or husband when one or both parties have not reached the age for marriage as prescribed by law;

5. Forced marriage is the act of compelling someone to marry against their will;

6. Marriage is the relationship between husband and wife after they have married;

7. Period of marriage is the period during which the marital relationship exists, calculated from the date of marriage registration to the date of termination of the marriage;

8. Divorce is the termination of the marital relationship recognized or decided by the Court at the request of the wife or husband or both;

9. Forced divorce is the act of compelling someone to divorce against their will;

10. Family is a group of people bound together by marriage, blood ties, or foster relationships, giving rise to rights and obligations among them as provided for in this Law;

11. Maintenance is the act of one person having the obligation to contribute money or other assets to meet the essential needs of another person with whom they do not live together, and who has a marital, blood, or foster relationship with them, in cases where such person is a minor, an adult without the ability to work and without property to support themselves, or is in difficult financial circumstances as provided for in this Law;

12. Persons of the same bloodline in direct line are parents to children; grandparents to grandchildren;

13. Persons within three generations of the same surname are those who share the same origin: parents constitute the first generation; brothers and sisters with the same father and mother, the same father but different mothers, the same mother but different fathers constitute the second generation; nephews and nieces, grand-nephews and grand-nieces, grand-nieces and grand-nephews constitute the third generation;

14. Marriage and family relationships involving foreign elements are marriage and family relationships:

a) Between Vietnamese citizens and foreigners;

b) Between foreigners residing in Vietnam;

c) Between Vietnamese citizens where the basis for establishing, changing, or terminating such relationships is governed by foreign law or where property related to such relationships is located abroad.

Chapter II

MARRIAGE

Article 9. Conditions for Marriage

Men and women who marry each other must comply with the following conditions:

1. Men must be at least twenty years old, and women must be at least eighteen years old;

2. The marriage must be decided voluntarily by both men and women, without either party compelling or deceiving the other; no one may force or obstruct the marriage;

3. The marriage must not fall within any of the prohibited cases of marriage stipulated in Article 10 of this Law.

Article 10. Prohibited Cases of Marriage

Marriages are prohibited in the following cases:

1. A person who already has a wife or husband;

2. A person who lacks civil capacity;

3. Between persons of the same direct bloodline; between persons with the same surname within three generations;

4. Between foster parents and foster children; between former foster parents and foster children, fathers-in-law and daughters-in-law, mothers-in-law and sons-in-law, stepfathers and stepchildren, stepmothers and stepchildren;

5. Between persons of the same gender.

Article 11. Registration of Marriage

1. A marriage must be registered and carried out by a state agency authorized to do so (hereinafter referred to as the marriage registration authority) according to the ceremony prescribed in Article 14 of this Law.

Any marriage ceremony not conducted in accordance with the provisions of Article 14 of this Law shall have no legal effect.

If a man and woman live together as husband and wife without registering their marriage, they will not be recognized by law as husband and wife.

After divorce, if a couple wishes to remarry each other, they must also register their marriage.

2. The Government shall specify the procedures for registering marriage in remote areas.

Article 12. Authority to Register Marriage

The People's Committee of the commune, ward, or town where one of the two parties resides is the marriage registration authority.

The diplomatic representative agencies and consular offices of Vietnam abroad are the marriage registration authorities for marriages between Vietnamese citizens abroad.

Article 13. Handling of Marriage Registration

1. After receiving all valid documents as required by the law on household registration, the marriage registration authority shall examine the marriage registration dossier; if it finds that both male and female parties meet the conditions for marriage, the marriage registration authority shall organize the marriage registration.

2. In case one or both parties do not meet the conditions for marriage, the marriage registration authority shall refuse to register and explain the reasons in writing; if the person refused does not agree, they have the right to appeal in accordance with the law.

Article 14. Organization of Marriage Registration

When organizing marriage registration, both male and female parties must be present. The representative of the marriage registration authority shall ask both parties to express their voluntary intention to marry; if both parties agree to marry, the representative of the marriage registration authority shall issue the Certificate of Marriage to both parties.

Article 15. Persons Entitled to Request the Cancellation of an Illegal Marriage

1. The party compelled or deceived into marriage, as provided for in the Civil Procedure Law, has the right to request the Court or to request the Prosecutor to request the Court to cancel an illegal marriage due to violation of Clause 2 of Article 9 of this Law.

2. The Prosecutor, as provided for in the Civil Procedure Law, has the right to request the Court to cancel an illegal marriage due to violation of Clause 1 of Article 9 and Article 10 of this Law.

3. The following individuals, agencies, and organizations, as provided for in the Civil Procedure Law, have the right to request the Court themselves or to request the Prosecutor to request the Court to cancel an illegal marriage due to violation of Clause 1 of Article 9 and Article 10 of this Law:

a) Spouses, parents, and children of the parties involved in the marriage;

b) The Committee for Child Protection and Care;

c) Women's Union.

4. Other individuals, agencies, and organizations have the right to request the Prosecutor to review and request the Court to cancel an illegal marriage.

Article 16. Annulment of Invalid Marriages

At the request of individuals, agencies, or organizations specified in Article 15 of this Law, the Court shall examine and decide on the annulment of invalid marriages and send a copy of the decision to the agency that registered the marriage. Based on the Court's decision, the marriage registration agency shall delete the marriage registration from the Marriage Registration Book.

Article 17. Legal Consequences of Annulment of Invalid Marriages

1. When an invalid marriage is annulled, both male and female parties must cease their marital relationship.

2. The rights of children shall be resolved as in cases of divorce between parents.

3. Property shall be resolved according to the principle that property belonging to an individual remains under their ownership; common property shall be divided according to the agreement of the parties; if no agreement can be reached, then a court resolution shall be sought, taking into account the contributions of each party; priority shall be given to protecting the legitimate interests of women and children.

Chapter III

RELATIONSHIP BETWEEN HUSBAND AND WIFE

Article 18. Conjugal Affection

Husband and wife shall be faithful, loving, respecting, caring for, and supporting each other, jointly building a warm, equal, progressive, happy, and stable family.

Article 19. Equality of Duties and Rights Between Husband and Wife

Husband and wife are equal to each other, having the same duties and rights in all aspects within the family.

Article 20. Choice of Place of Residence for Husband and Wife

The place of residence for husband and wife shall be chosen by them, not bound by customs, traditions, or administrative boundaries.

Article 21. Respect for the Honor, Dignity, and Reputation of Husband and Wife

1. Husband and wife shall respect and maintain each other's honor, dignity, and reputation.

2. It is prohibited for husband and wife to engage in acts of abuse, mistreatment, or insult to each other's honor, dignity, and reputation.

Article 22. Respect for Freedom of Belief and Religion of Husband and Wife

Husband and wife shall respect each other's freedom of belief and religion; they may not compel or obstruct each other from following or not following any religion.

Article 23. Assistance and Creation of Conditions for Mutual Development

Husband and wife shall discuss together, assist, and create conditions for each other to choose professions; study, improve cultural, professional, and vocational levels; participate in political, economic, cultural, and social activities according to their wishes and capabilities.

Article 24. Representation Between Husband and Wife

1. Husband and wife may authorize each other to establish, perform, and terminate transactions that require the consent of both spouses according to the law; such authorization must be documented in writing.

2. One spouse may represent the other when the former loses civil capacity and the latter has the qualifications to be a guardian, or when the former is restricted in civil capacity and the latter is appointed by the Court as the legal representative of the former.

Article 25. Joint Liability of Husband and Wife for Transactions Performed by One Party

Either husband or wife shall bear joint liability for lawful civil transactions performed by one of them to meet the essential needs of the family.

Article 26. Marital Relationship When One Party Is Declared Deceased and Returns

If the Court issues a decision to revoke the declaration of death of a person according to Article 93 of the Civil Code and the spouse of that person has not remarried, the marital relationship shall be automatically restored; if the spouse has remarried, the subsequent marital relationship shall have legal effect.

Article 27. Common Property of Spouses

1. The common property of spouses includes property created by either spouse, income from labor, production, business activities, and other lawful income of both spouses during the marriage period; property inherited jointly or received as joint gifts, and other properties agreed upon by both spouses as common property.

Land use rights obtained by both spouses after marriage constitute common property of the spouses. Land use rights obtained by either spouse before marriage and inherited individually only become common property if both spouses agree.

The common property of spouses belongs to joint ownership.

2. In cases where the property is jointly owned by both spouses and must be registered according to the law, the certificate of ownership must include the names of both spouses.

3. If there is no evidence to prove that the disputed property of either spouse is their individual property, then such property shall be considered common property.

Article 28. Possession, Use, and Disposal of Common Property

1. Both spouses have equal rights and obligations regarding the possession, use, and disposal of common property.

2. Common property of spouses is used to meet the needs of the family and fulfill mutual civil obligations.

3. Establishing, performing, and terminating civil transactions related to significant common property or the sole source of livelihood for the family, using common property for investment and business operations must be discussed and agreed upon by both spouses, except for common property already divided for separate business investments under Clause 1 of Article 29 of this Law.

Article 29. Division of Common Property During Marriage

1. When the marriage exists, in cases where spouses conduct separate business investments, perform individual civil obligations, or have valid reasons, both spouses may agree to divide common property; the division of common property must be documented in writing; if they cannot reach an agreement, they have the right to request the court to resolve it.

2. Dividing common property with the aim of evading financial obligations is not recognized by law.

Article 30. Consequences of Dividing Common Property of Spouses

In cases where common property of spouses is divided, profits and income generated from the divided property belong to each individual; the remaining undivided property still belongs to the joint ownership of both spouses.

Article 31. Right of Succession Between Spouses

1. Both spouses have the right to inherit each other's property according to the laws on inheritance.

2. When one spouse dies or is declared dead by the court, the surviving spouse manages the common property of both spouses, except when the deceased spouse's will designates another person to manage the estate or the heirs agree to appoint someone else to manage the estate.

3. In cases where dividing the inheritance affects the living conditions of the surviving spouse and the family seriously, the surviving spouse has the right to request the court to determine the share of the inheritance that the heirs are entitled to but not yet distributed within a certain period; if the court-specified period expires or the surviving spouse remarries, the other heirs have the right to request the court to distribute the inheritance.

Article 32. Separate Property of Spouses

1. Each spouse has the right to have separate property.

The separate property of each spouse includes assets that each person had before marriage; assets inherited separately, received as gifts individually during the marriage; assets allocated separately to each spouse as stipulated in Clause 1 of Article 29 and Article 30 of this Law; personal belongings and accessories.

2. Each spouse has the right to incorporate or not to incorporate their separate property into the joint property.

Article 33. Possession, Use, and Disposal of Separate Property

1. Each spouse has the right to possess, use, and dispose of their own separate property, except in cases provided for in Clause 5 of this Article.

2. Each spouse manages their own separate property; in cases where a spouse cannot manage their own separate property themselves and does not delegate management to another person, the other spouse has the right to manage such property.

3. Each person's individual obligations regarding property shall be settled from their own separate property.

4. The separate property of spouses may also be used for essential family needs when joint property is insufficient to meet those needs.

5. In cases where the separate property of a spouse has been put into common use and the income and profits from such separate property constitute the sole source of livelihood for the family, the disposal of such separate property must be agreed upon by both spouses.

Chapter IV

RELATIONSHIP BETWEEN PARENTS AND CHILDREN

Article 34. Obligations and Rights of Parents

1. Parents have the obligation and right to love, care for, nurture, take care of, protect the legitimate rights and interests of their children; respect the opinions of their children; pay attention to their children’s education and upbringing so that they develop healthily in body, mind, and morality, becoming filial children of the family and useful citizens to society.

2. Parents shall not discriminate among their children, mistreat, abuse, or insult them; shall not exploit the labor of underage children; shall not incite or compel their children to engage in acts contrary to the law or social morals.

Article 35. Obligations and Rights of Children

Children have the duty to love, respect, be grateful, and be filial towards their parents, listen to their parents' proper advice, maintain the honor and fine traditions of the family.

Children have the duty and right to take care of and support their parents.

It is strictly prohibited for children to mistreat, abuse, or insult their parents.

Article 36. Obligations and Rights of Care and Support

1. Parents have the obligation and right to jointly care for and support underage children or adult children who are disabled, incapacitated, unable to work, and without assets to support themselves.

2. Children have the duty and right to take care of and support their parents, especially when parents are ill, elderly, or disabled; in cases where there are multiple children in the family, all children must jointly care for and support their parents.

Article 37. Obligations and Rights of Education of Children

1. Parents have the obligation and right to educate their children, pay attention to and create conditions for their children's studies.

Parents create conditions for their children to live in a warm and harmonious family environment; set a good example for their children in all aspects; closely cooperate with schools and social organizations in educating their children.

2. Parents guide their children in choosing a career; respect their children's right to choose a career and participate in social activities.

3. When encountering difficulties that cannot be resolved on their own, parents may seek assistance from relevant authorities or organizations to implement the education of their children.

Article 38. Obligations and rights of stepfathers, stepmothers, and children from previous relationships of the wife or husband

1. Stepfathers and stepmothers have the obligation and right to look after, raise, care for, and educate their stepchildren living with them in accordance with Articles 34, 36, and 37 of this Law.

2. Children from previous relationships have the obligation and right to care for and raise their stepfathers and stepmothers living with them in accordance with Article 35 and Article 36 of this Law.

3. Stepfathers, stepmothers, and children from previous relationships of the wife or husband shall not mistreat, abuse, or insult each other.

Article 39. Representation of children

Parents are the legal representatives of minor children and adult children who have lost their civil capacity, except where the child has another guardian or another legal representative.

Article 40. Compensation for damages caused by children

Parents must compensate for damages caused by minor children or adult children who have lost their civil capacity in accordance with Article 611 of the Civil Code.

Article 41. Limitation on the rights of parents over minor children

When parents have been convicted of intentionally infringing upon the health, dignity, or reputation of their children, or have seriously violated their obligations to look after, care for, raise, and educate their children; squandered the children's property; lived an immoral lifestyle, incited, or coerced their children to engage in illegal or socially immoral activities, then depending on the specific circumstances, the court may, on its own initiative or at the request of individuals, agencies, or organizations specified in Article 42 of this Law, issue a decision prohibiting parents from looking after, caring for, educating, managing the personal property of, or acting as legal representatives for their minor children for a period of one to five years. The court may consider shortening this period.

Article 42. Persons entitled to request the court to limit the rights of parents over minor children

1. Parents, close relatives of minor children as provided for in the Civil Procedure Law have the right to request the court themselves or propose that the Procuracy request the court to limit some of the rights of parents over minor children.

2. The Procuracy, as provided for in the Civil Procedure Law, has the right to request the court to limit some of the rights of parents over minor children.

3. The following agencies and organizations, as provided for in the Civil Procedure Law, have the right to request the court themselves or propose that the Procuracy request the court to limit some of the rights of parents over minor children:

a) Child Protection and Care Committee;

b) Women's Union.

4. Other individuals, agencies, and organizations have the right to request the Procuracy to examine and request the court to limit the rights of parents over minor children.

Article 43. Legal consequences of limiting the rights of parents over minor children

1. In cases where one of the two parents is limited in some of their rights over a minor child by the court, the other parent shall perform the duties of looking after, raising, caring for, and educating the child, managing the child's personal property, and acting as the legal representative for the child.

2. In cases where both parents are limited in their rights over a minor child by the court, the duties of looking after, caring for, educating, and managing the personal property of the minor child shall be assigned to the guardian as stipulated in the Civil Code and this Law.

3. Parents whose rights over minor children have been limited by the court still have the obligation to support their children.

Article 44. Right to have personal property of children

1. Children have the right to have personal property. The personal property of children includes property inherited individually, gifted individually, income from their own labor, profits, interest arising from their personal property, and other lawful incomes.

2. Children aged fifteen years or older who live with their parents have the obligation to care for the common life of the family; if they have income, they must contribute to the essential needs of the family.

Article 45. Management of children's personal property

1. Children aged fifteen years or older may manage their personal property themselves or entrust their parents to manage it.

2. Personal property of children under fifteen years old or those who have lost their civil capacity shall be managed by their parents. Parents may delegate others to manage the children's personal property.

3. Parents shall not manage the personal property of their children when the donor or testator has designated another person to manage the property given or left as inheritance, or in other cases stipulated by law.

Article 46. Disposition of personal property of minor children

1. In cases where parents manage the personal property of children under fifteen years old, they have the right to dispose of such property for the benefit of the child, taking into account the wishes of the child, if the child is nine years old or older.

2. Children aged fifteen years or older but under eighteen years old have the right to dispose of their personal property; if disposing of property of significant value or using the property for business purposes, they must obtain the consent of their parents.

Chapter V

RELATIONSHIP BETWEEN GRANDFATHERS, GRANDMOTHERS AND GRANDCHILDREN; BETWEEN BROTHERS, SISTERS AND FAMILY MEMBERS

MEMBERS OF THE FAMILY

Article 47. Obligations and rights of grandparents and grandchildren

1. Grandfathers and grandmothers have the obligations and rights to look after, care for, educate grandchildren, live exemplary lives, and set good examples for their descendants. In cases where grandchildren under the age of majority or adult grandchildren with disabilities, loss of civil capacity, inability to work, and lack of assets to support themselves without a caregiver as provided for in Article 48 of this Law, grandfathers and grandmothers have the obligation to raise the grandchildren.

2. Grandchildren have the duty to respect, care for, and support grandparents.

Article 48. Obligations and rights of siblings

Brothers, sisters have the duty to love, care for, and help each other; they have the obligation and right to take care of and raise each other when there are no parents or when parents are unable to look after, raise, care for, and educate their children.

Article 49. Relationship between family members

1. Family members living together have the obligation to care for and help each other, jointly care for the common life of the family, contribute labor, money, and other assets to maintain the common life in accordance with their income and actual capabilities.

Family members have the right to receive care and assistance from each other. The legitimate rights and interests of family members are respected and protected by law.

2. The State encourages and creates conditions for generations within the family to care for and assist each other to preserve and promote the fine traditions of Vietnamese families.

Chapter VI

MAINTENANCE

Article 50. Maintenance obligation

1. The maintenance obligation is implemented between parents and children, among siblings, between grandparents and grandchildren, and between spouses as prescribed by this Law.

The maintenance obligation cannot be replaced by other obligations and cannot be transferred to another person.

2. In cases where the person obligated to provide maintenance evades such obligation, they are compelled to fulfill the maintenance obligation as prescribed by this Law.

Article 51. One person providing maintenance for multiple persons

In cases where one person provides maintenance for multiple persons, the person providing maintenance and those receiving maintenance shall agree among themselves on the method and level of maintenance appropriate to the income and actual ability of the person obligated to provide maintenance and the essential needs of those receiving maintenance; if they cannot reach an agreement, they may request the court to resolve the matter.

Article 52. Multiple persons jointly providing maintenance for one person or for multiple persons

In cases where multiple persons have the obligation to provide maintenance for one person or for multiple persons, these individuals shall agree among themselves on the method and level of contribution appropriate to the income and actual ability of each person and the essential needs of the person receiving maintenance; if they cannot reach an agreement, they may request the court to resolve the matter.

Article 53. Level of Maintenance

1. The level of maintenance is agreed upon by the person obligated to provide maintenance and the person receiving maintenance or the guardian of that person based on the income and actual ability of the person obligated to provide maintenance and the essential needs of the person receiving maintenance; if they cannot reach an agreement, they may request the court to resolve the matter.

2. For valid reasons, the level of maintenance may be changed. The change in the level of maintenance is agreed upon by the parties; if they cannot reach an agreement, they may request the court to resolve the matter.

Article 54. Method of Fulfilling the Obligation to Provide Maintenance

Maintenance may be provided regularly on a monthly, quarterly, semi-annual, annual, or one-time basis.

The parties may agree to change the method of providing maintenance, suspend maintenance in cases where the person obligated to provide maintenance encounters economic difficulties and is unable to fulfill the obligation to provide maintenance; if they cannot reach an agreement, they may request the court to resolve the matter.

Article 55. Persons with the Right to Request Fulfillment of the Obligation to Provide Maintenance

1. The person receiving maintenance or their guardian, as stipulated by civil procedure law, has the right to request the court themselves or to request the prosecution to request the court to compel the person who does not voluntarily fulfill the obligation to provide maintenance to fulfill that obligation.

2. The prosecution, as stipulated by civil procedure law, has the right to request the court to compel the person who does not voluntarily fulfill the obligation to provide maintenance to fulfill that obligation.

3. The following agencies and organizations, as stipulated by civil procedure law, have the right to request the court themselves or to request the prosecution to request the court to compel the person who does not voluntarily fulfill the obligation to provide maintenance to fulfill that obligation:

a) Child Protection and Care Committee;

b) Women's Union.

4. Other individuals, agencies, and organizations have the right to request the prosecution to consider and request the court to compel the person who does not voluntarily fulfill the obligation to provide maintenance to fulfill that obligation.

Article 56. Maintenance Obligation of Parents for Children Upon Divorce

Upon divorce, the parent who does not directly raise a minor child or an adult child who is disabled, incapacitated, unable to work, and without property to support themselves has the obligation to provide maintenance for the child.

The level of maintenance for the child is agreed upon by the parents; if they cannot reach an agreement, they may request the court to resolve the matter.

Article 57. Maintenance Obligation of Children for Parents

An adult child who does not live with their parents has the obligation to provide maintenance for parents who are unable to work and without property to support themselves.

Article 58. Obligation to provide maintenance between siblings

1. In cases where there are no parents or the parents are unable to work and have no assets to provide maintenance for their children, adult brothers or sisters not living with their younger siblings shall be obligated to provide maintenance for their underage younger siblings who do not have assets to support themselves or for their adult younger siblings who are unable to work and have no assets to support themselves.

2. Adult children not living with their older siblings shall be obligated to provide maintenance for their older siblings who are unable to work and have no assets to support themselves.

Article 59. Obligation to provide maintenance between grandparents and grandchildren

1. Grandparents not living with their grandchildren shall be obligated to provide maintenance for their grandchildren in cases where the grandchildren are underage or are adult grandchildren who are unable to work, have no assets to support themselves, and have no other person providing maintenance as stipulated in Article 58 of this Law.

2. Adult grandchildren not living with their grandparents shall be obligated to provide maintenance for their grandparents in cases where the grandparents are unable to work, have no assets to support themselves, and have no other person providing maintenance as stipulated by this Law.

Article 60. Obligation to provide maintenance between spouses upon divorce

Upon divorce, if the party experiencing difficulties and financial hardship has a legitimate reason to request maintenance, the other party shall be obligated to provide maintenance according to their ability.

Article 61. Termination of the obligation to provide maintenance

The obligation to provide maintenance terminates in the following cases:

1. The person receiving maintenance has become an adult and is capable of working;

2. The person receiving maintenance has income or assets to support themselves;

3. The person receiving maintenance has been adopted;

4. The person providing maintenance has directly raised the person receiving maintenance;

5. Either the person providing maintenance or the person receiving maintenance has died;

6. The person receiving maintenance remarries after divorce;

7. Other cases as provided by law.

Article 62. Encouragement of assistance from organizations and individuals

The State and society encourage organizations and individuals to assist financially or with other assets to families and individuals in particularly difficult and impoverished circumstances.

Chapter VII

DETERMINATION OF FATHER, MOTHER, AND CHILD

Article 63. Determination of father and mother

1. A child born during the marriage or conceived during that period is the common child of the husband and wife.

A child born before the date of registration of marriage and acknowledged by both parents is also a common child of the husband and wife.

2. In cases where the father and mother do not acknowledge the child, there must be evidence and it must be determined by the Court.

The determination of the father and mother for a child born through scientific methods shall be regulated by the Government.

Article 64. Determination of child

A person who is not recognized as the father or mother of another may request the Court to determine that person as their child.

A person recognized as the father or mother of another may request the Court to determine that person as not being their child.

Article 65. Right to recognize father and mother

1. A child has the right to request recognition as the child of their father and mother, even in cases where the father and mother have died.

2. An adult child requesting recognition as the child of their father does not require the consent of the mother; requesting recognition as the child of their mother does not require the consent of the father.

Article 66. Persons entitled to request determination of father and mother for underage children, adult children without civil capacity, or determination of children for fathers and mothers without civil capacity

1. The mother, father, or guardian as prescribed by the Civil Procedure Law has the right to request the Court themselves or propose the Public Prosecutor request the Court to determine the father and mother for underage children, adult children without civil capacity, or determine children for fathers and mothers without civil capacity.

2. The Public Prosecutor, as prescribed by the Civil Procedure Law, has the right to request the Court to determine the father and mother for underage children, adult children without civil capacity, or determine children for fathers and mothers without civil capacity.

3. The following agencies and organizations, as prescribed by the Civil Procedure Law, have the right to request the Court themselves or propose the Public Prosecutor request the Court to determine the father and mother for underage children, adult children without civil capacity, or determine children for fathers and mothers without civil capacity:

a) Child Protection and Care Committee;

b) Women's Union.

4. Other individuals, agencies, and organizations have the right to propose the Public Prosecutor consider and request the Court to determine the father and mother for underage children, adult children without civil capacity, or determine children for fathers and mothers without civil capacity.

Chapter VIII

ADOPTED CHILD

Article 67. Adoption

1. Adoption is the establishment of a parent-child relationship between the adoptive parent and the adopted child, ensuring that the adopted child is cared for, nurtured, looked after, and educated in accordance with social morals.

A person may adopt one or more children.

Between the adoptive parent and the adopted child, there shall be the rights and obligations of parents and children as prescribed by this Law.

2. The State and society encourage the adoption of orphaned, abandoned, disabled, or neglected children.

3. It is strictly prohibited to exploit adoption for the purpose of exploiting labor, sexual abuse, buying and selling children, or other forms of profiteering.

Article 68. Adopted Child

1. The adopted child must be under fifteen years old.

A person over fifteen years old may be adopted if they are a war invalid, disabled, have lost their capacity for civil acts, or are being adopted by elderly and lonely parents.

2. An individual can only be adopted by one person or jointly by both spouses.

Article 69. Conditions for Adoptive Parents

The adoptive parent must meet the following conditions:

1. Having full capacity for civil acts;

2. Being at least twenty years older than the adopted child;

3. Having good moral character;

4. Having practical conditions to ensure care, nurturing, and education of the adopted child;

5. Not being a person currently restricted from certain parental rights towards minor children or convicted without having been rehabilitated for any of the following offenses: intentionally infringing upon another's life, health, dignity, or reputation; mistreating or abusing grandparents, parents, spouse, children, grandchildren, or those who have raised them; enticing, forcing, or harboring minors to commit crimes; buying, swapping, or appropriating children; sexually abusing minors; inciting or forcing children to engage in illegal or immoral activities.

Article 70. Joint Adoption by Spouses

In cases where both spouses jointly adopt a child, both spouses must meet all the conditions stipulated in Article 69 of this Law.

Article 71. Consent of Birth Parents, Guardians, and Adopted Child

1. The adoption of a minor or an adult who has lost their capacity for civil acts requires the written consent of the birth parents; if the birth parents are deceased, incapacitated, or unknown, then the written consent of the guardian is required.

2. The adoption of a child aged nine or older must have the consent of the child.

Article 72. Registration of Adoption

Adoption must be registered by a competent state authority and recorded in the Household Register.

Procedures for registering adoption and transferring custody of the adopted child are carried out in accordance with the law on household registration.

Article 73. Refusal of Adoption Registration

If one or both parties do not meet the conditions for adoption or being adopted, the registration authority will refuse registration and provide a written explanation of the reasons; if the birth parents, guardians, and adoptive parents disagree, they have the right to appeal according to the law.

Article 74. Rights and Obligations between Adoptive Parents and Adopted Children

Between adoptive parents and adopted children, there are rights and obligations of parents and children as prescribed in this Law, from the date of registration of adoption.

The children of烈士牺牲军人、因公致残军人和为革命作出贡献的人，即使被他人收养，仍然继续享有烈士子女、残疾军人子女和为革命作出贡献的人子女的所有权益。

Article 75. Changing Surnames and Names; Determining the Ethnicity of Adopted Children

1. At the request of adoptive parents, the competent state agency shall decide on the change of surname and name of the adopted child.

The change of surname and name of an adopted child who is at least nine years old must be agreed upon by that person.

The change of surname and name of an adopted child shall be carried out in accordance with the provisions of the law on household registration.

2. The determination of the ethnicity of an adopted child shall be carried out in accordance with Article 30 of the Civil Code.

Article 76. Termination of Adoption

Upon the request of the persons specified in Article 77 of this Law, the Court may decide to terminate the adoption in the following cases:

1. Adoptive parents and adopted children who have reached adulthood voluntarily terminate the adoption relationship;

2. The adopted child has been convicted of one of the crimes infringing upon the life, health, dignity, reputation of adoptive parents; mistreating, torturing adoptive parents or having acts of dissipating the property of adoptive parents;

3. Adoptive parents have committed the acts stipulated in Clause 3, Article 67 or Clause 5, Article 69 of this Law.

Article 77. Persons Entitled to Request the Court to Terminate Adoption

1. An adopted child who has reached adulthood, birth parents, guardians of the adopted child, adoptive parents as prescribed by the civil procedure law have the right to request the Court themselves or propose the Public Prosecutor to request the Court to issue a decision terminating the adoption in the cases prescribed in Article 76 of this Law.

2. The Public Prosecutor, as prescribed by the civil procedure law, has the right to request the Court to issue a decision terminating the adoption in the cases prescribed in Point 2 and Point 3 of Article 76 of this Law.

3. The following agencies and organizations, as prescribed by the civil procedure law, have the right to request the Court themselves or propose the Public Prosecutor to request the Court to issue a decision terminating the adoption in the cases prescribed in Point 2 and Point 3 of Article 76 of this Law:

a) Child Protection and Care Committee;

b) Women's Union.

4. Other individuals, agencies, and organizations have the right to propose the Public Prosecutor to examine and request the Court to issue a decision terminating the adoption in the cases prescribed in Point 2 and Point 3 of Article 76 of this Law.

Article 78. Legal Consequences of Terminating Adoption

1. When terminating the adoption according to the Court's decision, the rights and obligations between adoptive parents and adopted children also cease; if the adopted child is a minor or an adult who is disabled, lacks capacity for civil conduct, and is unable to work and does not have assets to support themselves, the Court issues a decision to hand over that person to birth parents or individuals or organizations responsible for supervision and care.

2. In the case where the adopted child has personal assets, they shall be entitled to recover those assets; if the adopted child has contributed labor to the family's joint property, they shall be entitled to extract a portion from the joint property according to the agreement between the adopted child and adoptive parents; if no agreement can be reached, a request for the Court to resolve it shall be made.

3. When the adoption is terminated, upon the request of birth parents or the person who was adopted, the competent state agency shall decide that the person who was adopted may reclaim their original surname and name given by birth parents.

Chapter IX

GUARDIANSHIP AMONG FAMILY MEMBERS

Article 79. Application of laws on guardianship in family relations

When there is a person in need of guardianship within a family, the guardianship shall be carried out in accordance with the provisions on guardianship under the Civil Code and this Law.

Article 80. Parents acting as guardians for their adult children

In cases where both parents act as guardians for their adult child who has lost capacity to conduct civil acts, they must all perform the rights and obligations of a guardian. The father and mother shall agree among themselves regarding representation according to law for the child in civil transactions for the benefit of the child.

Article 81. Parents appointing others as guardians for their children

In cases where parents are alive but do not have the conditions to directly care for, raise, take care of, and educate their minor children or their adult children who have lost capacity to conduct civil acts, the parents may appoint another person as guardian for the child; the parents and the guardian shall agree on the guardian performing part or all of the guardianship duties.

Article 82. Stepchildren acting as guardians for stepparents

In cases where stepparents do not have a guardian appointed as provided for in Article 72 of the Civil Code, the stepchild living with the stepparents may act as guardian if they meet the conditions to be a guardian.

Article 83. Guardianship between siblings

1. In cases where siblings need a guardian, the adult siblings with capacity to conduct civil acts may agree to appoint one of them who meets the conditions to be a guardian.

2. When deciding issues related to the personal status and property of a minor sibling, the guardian of the sibling must consult the opinions of close relatives and the opinion of the sibling, if the sibling is nine years old or older.

Article 84. Guardianship between grandparents and grandchildren

1. In cases where grandchildren need a guardian and the grandparents meet the conditions to be a guardian, these individuals may agree to appoint one side as guardian.

2. If grandchildren meet the conditions to be a guardian, they must act as guardian for the grandparents if the grandparents do not have children to support them.

Chapter X

DIVORCE

Article 85. Right to Request the Court to Resolve Divorce Matters

1. The wife, husband, or both have the right to request the court to resolve divorce matters.

2. In cases where the wife is pregnant or nursing a child under twelve months old, the husband does not have the right to request divorce.

   Article 86. signing and implementing Agreements   Encouraging mediation at the grassroots level

The State and society encourage grassroots-level mediation when the wife and husband request divorce. Mediation is conducted in accordance with the provisions of the law on grassroots-level mediation.

   Article 87.    Acceptance of divorce petition

The court accepts divorce petitions in accordance with the provisions of the law on civil procedure.

 In cases where there is no marriage registration but a divorce request is made, the court accepts the case and declares that the marital relationship is not recognized in accordance with Clause 1 of Article 11 of this Law; if there are requests concerning children and property, they will be resolved in accordance with Clauses 2 and 3 of Article 17 of this Law.

   Article 88.    Mediation at the court

After accepting the divorce petition, the court conducts mediation in accordance with the provisions of the law on civil procedure.

   Article 89.   Grounds for divorce

1. When examining a divorce request, if it is found that the situation is serious, cohabitation cannot continue, and the purpose of marriage cannot be achieved, the court decides to grant the divorce.

2. In cases where the spouse of a person declared missing by the court requests divorce, the court grants the divorce.

   Article 90.    Mutual consent divorce

In cases where both spouses jointly request divorce and mediation at the court fails, if it is determined that both parties truly voluntarily seek divorce and have agreed on the division of assets, the custody, care, and education of children, then the court recognizes the mutual consent divorce and the agreement on assets and children based on ensuring the legitimate interests of the wife and children; if there is no agreement or although there is an agreement, it does not ensure the legitimate interests of the wife and children, the court will decide.

   Article 91.    Divorce at the request of one party

When one party requests divorce and mediation at the court fails, the court examines and resolves the divorce matter.

   Article 92. Care, upbringing, education, and maintenance of children after divorce   After divorce, the husband and wife still have the obligation to care for, look after, educate, and maintain their minor children or adult children who are disabled, incapacitated, unable to work, and without assets to support themselves.

The person not directly raising the child has the obligation to provide financial support for the child.

2. The husband and wife shall agree on the person directly raising the child and the rights and obligations of each party towards the child after divorce; if they cannot reach an agreement, the court shall decide to entrust the child to one party based on the child's interests in all aspects; if the child is at least nine years old, the court must consider the child's wishes.

As a general principle, a child under three years old shall be entrusted to the mother for direct care, unless otherwise agreed by both parties.

Changing the person directly raising the child after divorce

   Article 93.    For the benefit of the child, upon request from one or both parties, the court may decide to change the person directly raising the child.

Changing the person directly raising the child after divorce shall be carried out when the person directly raising the child fails to ensure the child's interests in all aspects and must take into account the child's wishes, if the child is at least nine years old.

Article 94. Right to visit children after divorce

   After divorce, the person not directly raising the child has the right to visit the child; no one shall obstruct this right.

In cases where the person not directly raising the child abuses the right to visit to obstruct or negatively impact the care, upbringing, education, and maintenance of the child, the person directly raising the child may request the court to limit the visiting rights of that person.

Article 95. Principles for dividing property upon divorce

1. Division of property upon divorce shall be agreed upon by the parties; if they cannot reach an agreement, they may request the court to resolve it. Property belonging to one party remains the property of that party.

2. Division of joint property shall be resolved according to the following principles:

a) Joint property of the husband and wife shall generally be divided equally, but consideration shall be given to the circumstances of each party, the state of the property, and the contributions of each party to the creation, maintenance, and development of such property. Labor performed by the husband or wife within the family shall be considered as income-generating labor;

b) Protection of the legitimate rights and interests of the wife and minor or adult children who are disabled, incapacitated, unable to work, and without assets to support themselves;

c) Protection of the legitimate interests of each party in production, business, and profession so that each party has the conditions to continue working and generating income;

d) Joint property of the husband and wife may be divided by physical division or by value; if one party receives a portion of the property with a higher value than their share, they must pay the other party the difference in value.

3. Settlement of joint financial obligations of the husband and wife shall be agreed upon by the parties; if they cannot reach an agreement, they may request the court to resolve it.

Article 96. Division of property in cases where husband and wife live with the family and then divorce

1. In cases where the husband and wife live with the family and then divorce, if the property of the husband and wife within the family's joint property cannot be determined, the husband or wife may receive a portion of the family's joint property based on the contributions of the husband and wife to the creation, maintenance, and development of the joint property as well as their participation in the family's common life. The division of a portion of the joint property shall be agreed upon by the husband and wife with the family; if they cannot reach an agreement, they may request the court to resolve it.

2. In cases where the husband and wife live with the family and the property of the husband and wife within the family's joint property can be determined by shares, when divorcing, the portion of the property of the husband and wife shall be extracted from the joint property to be divided.

2. In cases where spouses live with their family and the property of the spouses within the common property of the family can be determined by share, when divorcing, the portion of the property of the spouses shall be extracted from that common property for division.

Article 97. Division of land use rights between husband and wife upon divorce

1. Land use rights that belong to either party individually shall remain with that party upon divorce.

2. The division of joint land use rights of husband and wife upon divorce shall be carried out as follows:

a) For agricultural land for annual crops and aquaculture, if both parties have the need and conditions to directly use the land, they may divide it according to their agreement; if they cannot reach an agreement, they must request the Court to resolve it in accordance with Article 95 of this Law.

In cases where only one party has the need and conditions to directly use the land, that party may continue to use it but must pay the other party the value of the land use right that they are entitled to;

b) If the husband and wife jointly own agricultural land for annual crops and aquaculture with a family household, upon divorce, the portion of land use rights of the husband and wife shall be separated and divided in accordance with the provisions of point a of this clause;

c) For agricultural land for perennial crops, forestry land for planting forests, and residential land, they shall be divided in accordance with the provisions of Article 95 of this Law;

d) The division of land use rights for other types of land shall be carried out in accordance with the laws on land and civil laws.

3. In cases where the husband and wife live together with a family but do not have joint land use rights with a family household, upon divorce, the interests of the party without land use rights and who does not continue to live together with the family shall be resolved in accordance with the provisions of Article 96 of this Law.

Article 98. Division of common housing owned by husband and wife

In cases where common housing owned by husband and wife can be divided for use, upon divorce, it shall be divided in accordance with the provisions of Article 95 of this Law; if it cannot be divided, the party continuing to use the housing must pay the other party the value they are entitled to.

Article 99. Resolution of interests of husband and wife upon divorce in cases where housing is privately owned by one party

In cases where housing privately owned by one party has been used in common, upon divorce, such housing shall still remain privately owned by the owner of the house, but must pay the other party a portion of the value of the house based on the effort in maintenance, upgrading, improvement, and repair of the house.

Chapter XI

INTERNATIONAL FAMILY RELATIONS

Article 100. Protection of the legitimate rights and interests of the parties in international family relations

1. In the Socialist Republic of Vietnam, international family relations shall be respected and protected in accordance with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a signatory or participant.

2. In family relations involving Vietnamese citizens and foreign nationals in Vietnam, the former shall enjoy rights and obligations as Vietnamese citizens, except where otherwise provided by Vietnamese law.

3. The State of the Socialist Republic of Vietnam shall protect the legitimate rights and interests of Vietnamese citizens abroad in family relations in accordance with Vietnamese law, the law of the host country, and international law and custom.

4. The provisions of this Chapter shall also apply to family relations between Vietnamese citizens where one or both parties reside abroad.

Article 101. Application of Foreign Law to Marriage and Family Relations with Foreign Elements

In cases where this Law, other Vietnamese legal documents, or international treaties to which the Socialist Republic of Vietnam has signed or acceded provide for the application of foreign law, such application shall be made if it does not contravene the principles stipulated in this Law.

Where foreign law refers back to Vietnamese law, Vietnamese law on marriage and family relations shall be applied.

Article 102. Competence to Resolve Matters Relating to Marriage and Family with Foreign Elements

1. The People's Committee of provinces and centrally-run cities shall implement registration of marriage, adoption, and guardianship involving foreign elements in accordance with the provisions of this Law and other relevant Vietnamese laws.

Registration of marriage, adoption, and guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries residing in the same border areas shall be regulated by the Government.

2. Diplomatic missions and consular offices of Vietnam abroad shall implement registration of marriage, resolution of matters relating to adoption and guardianship involving foreign elements in accordance with the provisions of this Law, other relevant Vietnamese laws, and international treaties to which the Socialist Republic of Vietnam has signed or acceded, provided that such registration and resolution do not contravene the laws of the host country; they shall have the responsibility to protect the legitimate rights and interests of Vietnamese citizens in marriage and family relations with foreign elements.

3. People's Courts of provinces and centrally-run cities shall annul illegal marriages, resolve divorce proceedings, disputes regarding the rights and obligations of spouses, parents and children, recognition of parentage, adoption, and guardianship involving foreign elements, and examine the recognition or non-recognition of judgments and decisions on marriage and family of foreign courts or competent authorities in accordance with the provisions of this Law and other relevant Vietnamese laws.

People's Courts of districts, towns, and provincial-level cities where Vietnamese citizens reside shall annul illegal marriages, resolve divorce proceedings, disputes regarding the rights and obligations of spouses, parents and children, recognition of parentage, adoption, and guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries residing in the same border areas in accordance with the provisions of this Law and other relevant Vietnamese laws.

Article 103. Marriage with Foreign Elements

1. In the case of marriage between a Vietnamese citizen and a foreigner, each party must comply with the laws of their own country regarding marriage conditions; if the marriage is conducted at a competent authority of Vietnam, the foreigner must also comply with the provisions of this Law regarding marriage conditions.

Marriages between foreigners with each other in Vietnam before a competent authority of Vietnam must comply with the provisions of this Law regarding marriage conditions.

2. It is strictly prohibited to exploit marriage with foreign elements for trafficking women, sexual exploitation of women, or for other profit-seeking purposes.

Article 104. Divorce with Foreign Elements

1. The divorce between a Vietnamese citizen and a foreigner, or between two foreigners residing in Vietnam shall be resolved in accordance with the provisions of this Law.

2. In cases where one party is a Vietnamese citizen who does not reside in Vietnam at the time of requesting divorce, the divorce shall be resolved according to the laws of the country where both spouses have their common place of residence; if they do not have a common place of residence, then according to Vietnamese law.

3. The resolution of immovable property located abroad during divorce shall comply with the laws of the country where such immovable property is situated.

4. Judgments and decisions on divorce issued by courts or other competent authorities of foreign countries shall be recognized in Vietnam in accordance with Vietnamese law.

Article 105. Adoption with Foreign Elements

1. A foreigner seeking to adopt a Vietnamese child or a foreign child residing in Vietnam must comply with the provisions of this Law and the conditions for adoption set forth in the laws of the country of which he or she is a citizen.

The adoption of a foreign child by a Vietnamese citizen that has been registered with the competent authority of a foreign country shall be recognized in Vietnam.

It is strictly prohibited to exploit adoption for the purpose of exploiting labor, sexual abuse, trafficking children, or for other profit-seeking purposes.

2. In cases where adoption with foreign elements is carried out in Vietnam, the rights and obligations between adoptive parents and adopted children, and the termination of adoption shall be determined in accordance with the provisions of this Law.

In cases where adoption between a Vietnamese citizen and a foreigner is carried out abroad, the rights and obligations between adoptive parents and adopted children, and the termination of adoption shall be determined according to the laws of the country where the adopted child resides.

Article 106. Guardianship in Marital and Family Relations with Foreign Elements

1. Guardianship in marital and family relations with foreign elements carried out in Vietnam, where guardianship is registered with Vietnamese diplomatic missions or consular offices abroad, shall comply with the provisions of this Law and other provisions of Vietnamese law.

2. In cases where guardianship in marital and family relations between a Vietnamese citizen and a foreigner is carried out abroad, the rights and obligations between the guardian and the ward shall be determined according to the laws of the country where the guardian resides.

Chapter XII

HANDLING VIOLATIONS

Article 107. Handling Violations of Law in Marital and Family Relations

Any person violating marriage conditions; obstructing lawful marriage; forging documents to register marriage or adoption; mistreating, abusing, insulting the dignity and personality of grandparents, parents, spouse, children, and other family members; exploiting adoption for profit; failing to fulfill maintenance obligations, guardianship obligations, or engaging in other acts that violate laws on marriage and family shall, depending on the nature and severity of the violation, be subject to administrative penalties or criminal prosecution; if damage is caused, compensation shall be provided.

Article 108. Handling Violations of Law by Persons with Positions and Authorities

Any person who abuses their position and authority to register marriage, register adoption, determine parent-child relationships contrary to the law; violates the authority and procedures for registering marriage and adoption; fails to implement requests to protect the legitimate rights and interests of family members, or engages in other acts that abuse their position and authority to violate laws on marriage and family shall be subject to disciplinary action or criminal responsibility pursued depending on the nature and severity of the violation; if damage is caused, compensation must be provided.

Chapter XIII

IMPLEMENTING PROVISIONS

Article 109. Effective Date

This Law takes effect from January 1, 2001.

This Law replaces the Marriage and Family Law of 1986.

The Ordinance on Marriage and Family Relations between Vietnamese Citizens and Foreigners dated December 2, 1993 ceases to be effective from January 1, 2001.

Article 110. Guidance on Implementation

The Government, the Supreme People's Court, and the Supreme People's Procuracy shall provide guidance on implementing this Law within the scope of their respective duties and authorities.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the tenth session, seventh meeting, on June 9, 2000.