Resolution No. 35/2000/QH10 On the Implementation of the Marriage and Family Law

RESOLUTION

On the Implementation of the Law on Marriage and Family

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NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Article 84 of the Constitution of the Socialist Republic of Vietnam in 1992;

RESOLUTION:

1. The Law on Marriage and Family of the Socialist Republic of Vietnam adopted on June 9, 2000 shall be referred to as the Law on Marriage and Family 2000.

2. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and authorities shall independently or in coordination organize the review of current legal provisions on marriage and family to abolish, amend, supplement, or promulgate new regulations in accordance with this Law to ensure its effectiveness from January 1, 2001.

3. The application of the provision at Clause 1, Article 11 of this Law shall be implemented as follows:

a) In cases where marital relations were established before January 3, 1987, the date when the Law on Marriage and Family 1986 took effect but were not registered for marriage, such couples are encouraged to register for marriage; if there is a request for divorce, the court shall accept and resolve it according to the provisions on divorce under the Law on Marriage and Family 2000.

b) Male and female individuals living together as husband and wife from January 3, 1987 to January 1, 2001, who meet the conditions for marriage as stipulated in this Law, have the obligation to register their marriage within two years from the effective date of this Law until January 1, 2003; during this period, if they do not register their marriage but request a divorce, the court shall apply the provisions on divorce under the Law on Marriage and Family 2000 to resolve the matter.

After January 1, 2003, if they do not register their marriage, the law will not recognize them as husband and wife.

c) From January 1, 2001 onwards, except for the cases specified in points a and b of Clause 3 of this Resolution, male and female individuals living together as husband and wife without registering their marriage shall not be recognized as husband and wife by the law; if there is a request for divorce, the court shall accept and declare that the marital relationship is not recognized; if there is a request regarding children and property, the court shall apply Clause 2 and Clause 3 of Article 17 of the Law on Marriage and Family 2000 to resolve the matter.

4. The application of laws on marriage and family by courts to resolve cases and matters related to marriage and family shall be regulated as follows:

a) For cases and matters accepted by the court before January 1, 2001, the Law on Marriage and Family 1986 shall be applied to resolve them.

b) For cases and matters accepted by the court from January 1, 2001, the Law on Marriage and Family 2000 shall be applied to resolve them.

c) The Law on Marriage and Family 2000 and this Resolution shall not be applied to file cassation or retrial protests against cases and matters resolved by applying the Law on Marriage and Family 1986.

5. The Standing Committee of the National Assembly, the Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and authorities shall provide detailed regulations and guidance on the implementation of this Resolution.

The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and authorities shall have the responsibility to coordinate with the Central Committee of the Vietnam Fatherland Front and its member organizations to widely publicize the Law on Marriage and Family to enhance its effectiveness in building and consolidating happy, equal, progressive, and stable Vietnamese families.

This Resolution was adopted by the Seventh Session of the Tenth National Assembly of the Socialist Republic of Vietnam on June 9, 2000.