Decree No. 32/2002/ND-CP on the application of the Law on Marriage and Family to ethnic minorities

DECREE

Regulations on the application of the Law on Marriage and Family to ethnic minorities

______________________

THE GOVERNMENT

Based on the Law on Government Organization dated December 25, 2001;

Pursuant to the Law on Marriage and Family dated June 9, 2000;

To strengthen state management in the field of marriage and family, ensure the rights and legitimate interests of citizens, encourage the promotion of good customs and traditions, and move towards eliminating backward customs and traditions regarding marriage and family among ethnic minorities;

At the proposal of the Minister, Chairman of the Committee for Ethnic Minorities and Mountainous Areas,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

This Decree stipulates the application of the Law on Marriage and Family 2000 to citizens belonging to ethnic minorities living in remote areas; it also stipulates the application of customs and traditions regarding marriage and family of ethnic minorities living in remote areas.

Article 2. Application of customs and traditions regarding marriage and family

1. Good customs and traditions regarding marriage and family of ethnic minorities (listed in Appendix A attached hereto) that reflect the identity of each ethnic group and do not contravene the principles set forth in the Law on Marriage and Family 2000 shall be respected and promoted.

2. Backward customs and traditions regarding marriage and family of ethnic minorities (listed in Appendix B attached hereto) that contravene the principles set forth in the Law on Marriage and Family 2000 shall be strictly prohibited or efforts made to eliminate them.

Article 3. Responsibilities of the State concerning the marriage and family relations of people belonging to ethnic minorities

Relevant ministries, sectors, and localities shall develop and implement policies and measures to create conditions for people belonging to ethnic minorities to comply with legal provisions on marriage and family; promote traditional customs and traditions that reflect the identity of each ethnic group, and eliminate backward customs and traditions regarding marriage and family.

1. Strengthen propaganda and dissemination of laws on marriage and family, mobilize people to promote traditional customs and traditions and eliminate backward customs and traditions regarding marriage and family.

2. Strengthen propaganda, mobilization, guidance, and assistance to people in implementing population policies and family planning.

3. Encourage everyone to educate the younger generation to preserve and develop their language and writing system, and promote the positive cultural and traditional values of each ethnic group.

Chapter II

PROVISIONS ON MARRIAGE

Article 4. Age for Marriage

Men must be at least twenty years old and women must be at least eighteen years old to marry in order to ensure the development of the race and to ensure that both men and women have sufficient health conditions and capabilities to care for family life. The People's Committee of communes, wards, towns (hereinafter referred to as the People's Committee of communes), the Vietnam Fatherland Front at the same level and its member organizations, village elders, village chiefs, and religious dignitaries shall carry out propaganda and mobilization to persuade people to eliminate the custom of marrying before the age specified in the Law on Marriage and Family 2000 (early marriage).

Article 5. Ensuring the freedom of marriage for men and women

1. Marriage shall be decided voluntarily by men and women; there shall be no discrimination based on ethnicity, religion, or belief; neither party may force or deceive the other. The People's Committee of communes, the Vietnam Fatherland Front at the same level and its member organizations, village elders, village chiefs, and religious dignitaries shall mobilize and persuade parents to guide their children to build progressive families, and shall not coerce or obstruct their children from taking wives or husbands; they shall mobilize everyone to eliminate backward customs and traditions that obstruct the freedom of marriage for men and women.

2. Strictly prohibit the custom of abducting brides to force women to become wives.

No one shall take advantage of fortune-telling or other superstitious practices to obstruct the exercise of the freedom of marriage for men and women.

Article 6. Guaranteeing the freedom to marry for widowed women and widowed men

1. Widowed women and widowed men have the right to marry another person without having to return the dowry to the former husband's or wife's family. When marrying another person, their rights regarding children and property are protected by law.

2. Strictly prohibited is the custom that forces a widowed woman or man to marry someone within the former husband's or wife's family without their consent.

Article 7. Marriage between people with direct bloodline relations and within the same clan

It is strictly prohibited to practice customs that allow marriage between individuals with direct bloodline relations or within the same clan up to three generations.

Efforts should be made to eliminate customs that prohibit marriage between individuals related by clan within four generations or more.

Article 8. Registration of marriage

The People's Committee of the commune where one of the two parties resides shall handle the registration of marriage.

To facilitate the marriage process, the registration of marriage for citizens can be conducted at the People's Committee office of the commune or at the residential area such as neighborhood, village, hamlet, phum, or sóc where one of the two parties resides.

When registering marriage, both male and female parties need to fill out the Marriage Registration Form and present their Identity Card or other valid identification. After receiving the Marriage Registration Form, the People's Committee of the commune will review it. If the parties meet the conditions for marriage as stipulated in this Decree, the marriage registration will be processed. After both male and female parties sign the Certificate of Marriage and the Marriage Registration Book, the Chairman of the People's Committee of the commune will sign the Certificate of Marriage. The original Certificate of Marriage will be handed over to the couple at the People's Committee office or at their place of residence.

The registration of marriage for ethnic minorities living in remote areas is exempt from fees.

Article 9. Application of customs and traditions regarding wedding rituals

1. Wedding rituals that are economical, healthy, and reflect the ethnic identity without contravening the provisions of the Law on Marriage and Family 2000 are respected and promoted.

2. Strictly prohibited are high dowries that have the nature of selling (such as demanding silver, cash, dowry, buffalo, cow, drum, jar... for the wedding) and any actions that obstruct marriage or infringe upon the dignity of women.

Chapter III

RELATIONSHIP BETWEEN SPOUSES, BETWEEN PARENTS AND CHILDREN,

BETWEEN OTHER MEMBERS OF THE FAMILY

Article 10. Equality between spouses

1. In the family, spouses are equal to each other, having the same rights and obligations in all aspects.

2. For ethnic groups with patriarchal or matrilineal family systems that have customs and traditions not ensuring equality between spouses, the People's Committee of the commune, the Vietnam Fatherland Front at the same level, and member organizations, village elders, village chiefs, religious dignitaries should mobilize and persuade the people to gradually eliminate inequality between spouses in family relationships, ensuring that spouses have the same rights and obligations in all aspects as prescribed by the Law on Marriage and Family 2000.

Article 11. Place of residence of spouses

1. Spouses may freely choose and agree with each other to live separately or together with the wife's or husband's family, not bound by customs and traditions. After marriage, spouses have the right to live together, and no one may obstruct them.

2. Customs and traditions of living-in with the wife's or husband's family shall only be applied when they align with the spouses' chosen place of residence.

Article 12. Inheritance rights between husband and wife

1. Customs and traditions that do not ensure the inheritance rights of each other between husband and wife upon the death of one party shall be encouraged to be eliminated in order to protect the legitimate rights and interests of the surviving party.

2. The inheritance of property between husband and wife upon the death of one party, which reflects the national identity without contravening the provisions of the law on inheritance, shall be respected and encouraged.

Article 13. Obligations and rights of parents towards children

Parents have the obligation and right to love, raise, take care of, nurture, educate their children and ensure equality among children.

Strictly prohibited are acts by parents that discriminate against children, fail to raise and care for children, intentionally prevent children from attending school, mistreat, abuse, insult children, or incite children to commit acts violating the law and social morals.

Efforts should be made to eliminate customs and traditions that show discrimination between sons and daughters within families under patrilineal or matrilineal systems.

Article 14. Relationships among family members and clans

Good customs and traditions of ethnic groups reflecting the spirit of solidarity, mutual assistance, and support among family members and clan members shall be respected and encouraged.

Chapter IV

REGISTRATION OF ADOPTION

Article 15. Application of customs and traditions regarding adoption

1. The State encourages the promotion of the custom of ethnic groups adopting relatives within the clan who are in difficult circumstances and orphaned children without a place to rely on, if the adoption meets the conditions stipulated by law.

2. Efforts should be made to eliminate the custom of adopting children where the adoptive parent is more than twenty years older than the child being adopted.

Article 16. Registration of adoption

The People's Committee of the commune where the adoptive parent or the child to be adopted resides shall carry out the registration of adoption.

To facilitate the parties, the registration of adoption may be conducted at the office of the People's Committee of the commune or at the residential area, village, hamlet, phum, or sóc of the adoptive parent or the child to be adopted.

When registering adoption, the person applying to adopt must submit an application for adoption and other valid documents. After receiving all valid documents, the People's Committee of the commune will verify the adoption application. If the adoption meets the legal requirements, the registration of adoption will be carried out. After both the giver and the adopter sign the Adoption Registration Book and the Handover and Reception Record, the Chairman of the People's Committee of the commune will issue a Decision recognizing the adoption. The original Decision recognizing the adoption will be handed over to each party at the office of the People's Committee of the commune or at the residence of the adoptive parent or the child to be adopted.

The registration fee for adoption for people belonging to ethnic minorities in remote areas is waived.

Article 17. Cases of adoption before January 1, 2001 but not registered with competent state agencies

Cases of adoption established before January 1, 2001, the date when the Law on Marriage and Family 2000 came into effect, which were not registered with competent state agencies but meet the conditions stipulated by the Law on Marriage and Family 2000 and in reality, the relationship between adoptive parents and adopted children has been established, and both parties have fully performed their rights and obligations, shall be recognized by law and encouraged and facilitated by the State for the registration of adoption. Any disputes related to determining the relationship between parents and children between the adoptive parent and the child to be adopted shall be resolved by the Court.

Chapter V

PROVISIONS ON DIVORCE

Article 18. Resolution of Divorce between Husband and Wife

1. The court shall resolve divorce cases between husband and wife.

Encouragement to abolish the custom of divorce resolved by village elders, village chiefs, or religious dignitaries.

2. Before the court accepts a divorce petition from either party, the State encourages village elders, village chiefs, or religious dignitaries to mediate at the grassroots level. Mediation shall be conducted in accordance with the provisions of the law on grassroots mediation.

Article 191. Collecting InformationDivision of property between husband and wife upon divorce

1. When divorcing, the division of common property between husband and wife must ensure fairness and reasonableness and be carried out according to the principles prescribed by law.

For ethnic groups under patrilineal or matrilineal systems, it is necessary to pay attention to protecting the legitimate rights and interests of the wife or husband in the division of common property upon divorce.

2. Strictly prohibit customs and practices of demanding back property or imposing fines when husband and wife divorce.

Article 20. Care, Custody, Support, and Education of Children After Divorce

After divorce, the transfer of custody of minor children or adult children who are disabled, incapacitated, unable to work, and without assets to support themselves to one party for direct care, custody, support, and education must be based on the child's best interests in all aspects and must comply with the provisions of the Marriage and Family Law 2000.

For ethnic groups under patrilineal or matrilineal systems, it is necessary to protect the right of direct care, custody, support, and education of children of the wife or husband after divorce.

Chapter VI

REWARD AND VIOLATION HANDLING

Article 21. Awards

Groups or individuals who have achievements in the work of disseminating, educating, and implementing the Marriage and Family Law 2000 among people of ethnic groups shall be rewarded in accordance with the provisions of the law.

Article 22. Handling of Violations

Handling violations of marriage and family laws by people of ethnic groups shall be carried out in accordance with the provisions of the law, but consideration shall be given to the influence and impact of customs and practices to apply appropriately.

Chapter VII

IMPLEMENTING PROVISIONS

Article 23. Responsibilities of the Committee for Ethnic Minorities and Mountainous Areas

1. Take the lead and coordinate with the Ministry of Justice and the Ministry of Culture, Sports and Tourism to assist the Government in directing, guiding, and inspecting the implementation of this Decree.

2. Take the lead and coordinate with the Ministry of Justice and the Ministry of Culture, Sports and Tourism to organize the compilation of books and materials on the basic contents of the Marriage and Family Law 2000 and translate them into ethnic languages for the dissemination and legal education of people of ethnic groups.

Article 24. Responsibilities of the Ministry of Justice

1. Guide and direct judicial agencies at all levels to strengthen legal advisory activities on marriage and family and implement the provisions of this Decree.

2. Incorporate the content of propaganda and education on the Marriage and Family Law 2000 for people of ethnic groups into the activities of the Central and local Popularization and Legal Education Councils; coordinate in directing and guiding the activities of Popularization and Legal Education Councils at all levels.

Article 25. Responsibilities of the Ministry of Culture, Sports and Tourism

1. Take the lead and coordinate with the Committee for Ethnic Minorities and Mountainous Areas and the Ministry of Justice to develop and implement plans and measures to popularize and educate the Marriage and Family Law 2000 for people of ethnic groups through mass media, especially village, hamlet, and communal radio broadcasts, and at meetings of village elders, village chiefs, and religious dignitaries, to mobilize ethnic people to implement legal regulations and eliminate outdated customs and practices regarding marriage and family.

2. Direct cultural and information agencies at the local level to implement the construction of cultural villages and develop plans to popularize and educate the law on marriage and family for people of ethnic groups.

3. Direct mass media to build and implement special sections for propaganda on the basic contents of this Decree; propagate good customs and practices regarding marriage and family of ethnic groups, creating public opinion in society to gradually eliminate outdated customs and practices regarding marriage and family.

Article 26. Responsibilities of the Ministry of Finance

1. Guide the preparation of annual budget estimates for the dissemination, popularization, and education of marriage and family laws for people of ethnic groups.

2. Issue and guide the implementation of remuneration and allowances for cadres directly responsible for registering marriages and adopting children in remote areas, and provide remuneration for village elders, village chiefs, religious dignitaries, commune cadres, and mass organizations involved in the dissemination and education of marriage and family laws for people of ethnic groups.

Article 27. Responsibilities of the People's Committees of provinces and centrally governed cities

1. Direct the Ethnic Minority and Mountainous Areas Committee, the Department of Justice, and the Department of Culture, Sports and Tourism to take the lead, coordinate with the Provincial People's Council Front Committee and local political-social organizations in building and submitting for approval by the Provincial People's Council:

a) A list of positive customs and traditions regarding marriage and family of ethnic groups to be encouraged at the local level.

b) A list of backward customs and traditions regarding marriage and family of ethnic groups to be eradicated at the local level.

2. Build and submit for approval by the same-level People's Council the budget for activities promoting, disseminating, and educating the public about laws on marriage and family for people belonging to various ethnic groups, and direct lower-level People's Committees to implement these activities.

3. Guide and direct lower-level People's Committees annually to organize meetings of village elders, hamlet chiefs, and religious dignitaries to review and evaluate the effectiveness of promotional and educational activities on implementing laws related to marriage and family, and efforts to eliminate backward customs and traditions regarding marriage and family; commend and reward outstanding achievements and promote exemplary cases from the locality.

Article 28. Effective Date

1. This Decree shall take effect fifteen days from the date of signature.

2. Ministers, heads of agencies equivalent to Ministries, heads of government agencies, and Chairpersons of provincial People's Committees and centrally governed city People's Committees are responsible for enforcing this Decree./.