✦ 智能摘要
Decree 70/2001/ND-CP provides detailed regulations on marriage and family issues under the 2000 Marriage and Family Law, including counseling, mediation, age of marriage, joint property ownership rights of spouses, division of assets upon divorce, alimony, determination of adoptive parents, etc.
适用范围
Individuals and organizations related to marriage and family issues, including spouses, children, parents, guardians, competent state agencies, grassroots political-social organizations, and State Legal Aid Centers.
要点
- Agencies and organizations have the responsibility to provide free counseling on marriage and family matters to their members (Article 2).
- Age of marriage: Men 20 years old, women 18 years old (Article 3).
- The establishment, performance, or termination of civil transactions related to spousal property must comply with certain formalities (Article 4).
- Joint property of spouses when registering ownership rights must be registered in both the husband's and wife's names (Article 5).
- Division of joint property between spouses during the marriage period according to an agreement or court decision (Articles 6-12).
🌐 本文件的社会影响
- Creating a legal basis for counseling and mediating disputes regarding marriage and family, reducing conflicts in society.
- Enhancing the rights of spouses in asset division, protecting the rights of those receiving alimony.
- Ensuring fairness in determining adoptive parents, preventing disputes.
- Helping divorcing parties divide assets reasonably, reducing conflict, and ensuring stable accommodation for both parties.
- Facilitating the fulfillment of alimony obligations, protecting the rights of those receiving alimony.
❓ 常见问题
What is the age of marriage?
Men 20 years old, women 18 years old (Article 3).
Which agencies are responsible for providing counseling on marriage and family matters?
Agencies and organizations have the responsibility to provide free counseling to their members (Article 2).
What regulations must be followed for the division of assets upon divorce?
According to an agreement or court decision (Articles 6-12).
Whose names must be registered when jointly owned property is registered for ownership rights?
Both the husband and wife (Article 5).
If an agreement cannot be reached on asset division, how will the court handle it?
The court will resolve it according to the provisions of Article 6 of this Decree.
全文
DECREE
Implementing detailed regulations for the Law on Marriage and Family
_____________
THE GOVERNMENT
Pursuant to the Government Organization Law dated September 30, 1992;
Based on the Law on Marriage and Family 2000;
At the proposal of the Minister of Justice.
DECREE:
PART I
GENERAL PROVISIONS
Article 1. This Decree specifies the position and functions of the Official Gazette of the Socialist Republic of Vietnam
This Decree provides detailed implementation of the Law on Marriage and Family 2000, except for provisions regarding marriage registration, adoption registration, international marriage and family relations, application of the Law on Marriage and Family to ethnic minorities, determination of paternity and maternity for children born through scientific methods, administrative penalties in the field of marriage and family as stipulated in other legal normative documents issued by the Government.
Article 2. Counseling and mediation on marriage and family issues
1. Agencies and organizations shall provide free counseling on marriage and family matters to their members.
The State Legal Aid Center shall provide free counseling on marriage and family matters in accordance with the law.
2. Agencies and organizations shall mediate disputes related to marriage and family among their members, except for cases that cannot be mediated according to the law.
3. Political and social organizations at the grassroots level and grassroots conciliation groups shall mediate disputes related to marriage and family within their communities; they shall implement measures to persuade and educate individuals who violate laws on marriage and family.
Article 3. Age of marriage
A male at the age of twenty and a female at the age of eighteen meet the age requirement for marriage as stipulated in Clause 1, Article 9 of the Law on Marriage and Family.
Chapter II
RELATIONSHIP BETWEEN SPOUSES AND BETWEEN PARENTS AND CHILDREN
Article 4. Establishment, performance, and termination of civil transactions related to spousal property
1. In cases where the establishment, performance, or termination of civil transactions related to the couple's joint property of significant value or the sole source of livelihood for the family, or transactions concerning the disposition of individually owned property of one spouse which has been put to common use and whose income constitutes the sole source of livelihood for the family, if the law requires such transactions to follow a specific form, then the spouses' agreement must also comply with that form (written in a document signed by both spouses or must be notarized or certified...).
2. For civil transactions not required by law to follow a specific form, but which relate to joint property of significant value or the sole source of livelihood for the family, or transactions concerning the disposition of individually owned property of one spouse which has been put to common use and whose income constitutes the sole source of livelihood for the family, the establishment, performance, or termination of such transactions must also be agreed upon in writing by both spouses.
3. Joint property of significant value referred to in Clauses 1 and 2 of this Article is determined based on the value of that property in the overall joint property of the spouses.
4. In cases where one spouse establishes, performs, or terminates civil transactions related to joint property as specified in Clauses 1 and 2 of this Article without the consent of the other spouse, the latter may request the court to declare the transaction void under Article 139 of the Civil Code, and the legal consequences shall be resolved according to Article 146 of the Civil Code.
Article 5. Registration of jointly-owned spousal property
1. When registering ownership rights for jointly-owned spousal property as prescribed in Clause 2, Article 27 of the Law on Marriage and Family, including houses, land use rights, and other properties that the law requires to be registered for ownership rights, the names of both spouses must be recorded.
2. The registration of jointly-owned spousal property as prescribed in Clause 1 of this Article shall be implemented from the date this Decree takes effect.
3. In cases where jointly-owned spousal property was registered for ownership rights before the effective date of this Decree and only one spouse's name was recorded, the spouses may request the competent state agency to issue new ownership registration documents to include both spouses' names; if the spouses do not request issuance of new ownership registration documents, the property remains jointly-owned; in case of dispute, the party claiming individual ownership bears the burden of proof.
4. In cases of divorce or division of joint property during the marriage period, the party receiving a share of the property in kind that has been registered for ownership or use rights and includes both spouses' names may request the property registration authority to issue new ownership or use rights registration documents.
5. The Ministry of Justice shall coordinate with relevant ministries and agencies to guide the implementation of the provisions of this Article.
Article 6. Division of joint spousal property during the marriage period
1. The agreement on division of joint spousal property during the marriage period as stipulated in Clause 1, Article 29 of the Law on Marriage and Family must be documented in writing and clearly specify the following contents:
a) Reason for dividing the property;
b) Share of the property being divided (including real estate, personal property, and property rights); it is necessary to describe clearly the properties being divided or the value of the shares being divided;
c) Remaining undivided property, if any;
d) Effective date of the division of joint property;
đ) Other contents, if any.
2. The written agreement on division of joint spousal property must clearly indicate the date, month, and year of the document and must have signatures of both spouses; the agreement can have witnesses or be notarized or certified at the request of the spouses or as required by law.
3. In cases where spouses cannot agree on the division of joint property, either or both parties may request the court to resolve the matter.
, Clause 1, Clause 2 Article 7a of this Regulation.Effective date of the division of joint property
1. In cases where the written agreement on division of joint spousal property does not clearly specify the effective date of the division, the effectiveness shall be calculated from the date, month, and year of the document.
2. In cases where the agreement on dividing joint property between spouses is notarized or certified at the request of the spouses, its effectiveness shall be calculated from the date specified in the agreement; if the agreement does not specify that effective date, its effectiveness shall be calculated from the date it is notarized or certified.
3. In cases where the agreement on dividing joint property between spouses must be notarized or certified according to the provisions of the law, its effectiveness shall be calculated from the date it is notarized or certified.
4. In cases where the court divides joint property according to the provisions of Clause 3, Article 6 of this Decree, the division of joint property between spouses shall take effect from the date the court's decision on dividing joint property becomes legally binding.
Article 8Consequences of dividing joint property during the marriage period
1. Profits and income generated from divided property shall belong to each individual, except in cases where the spouses have agreed otherwise.
Profits and income generated from remaining joint property shall still belong to both spouses jointly.
2. Income from labor, business activities, and other lawful incomes of each party after dividing joint property shall be personal property of the spouse, except in cases where the spouses have agreed otherwise.
Article 9. Restoring the joint property regime of spouses
1. In cases where spouses have already divided joint property and then wish to restore the joint property regime, the spouses must agree in writing with the following contents clearly stated:
a) The reasons for restoring the joint property regime;
b) The portion of property belonging to each individual;
c) The portion of joint property belonging to both spouses, if any;
d) The effective date of restoring the joint property regime;
đ) Other contents, if any.
2. The agreement must clearly state the date, month, and year of drafting the document and must be signed by both the husband and wife; the agreement may have witnesses or be notarized or certified at the request of the spouses or according to the provisions of the law.
Article 10Effective date of restoring the joint property regime
1. In cases where the agreement on restoring the joint property regime between spouses does not clearly specify the effective date of restoring the joint property regime, its effectiveness shall be calculated from the date, month, and year of drafting the document.
2. In cases where the agreement on dividing joint property between spouses is notarized or certified at the request of the spouses, the agreement on restoring the joint property regime between spouses must also be notarized or certified and the restoration of the joint property regime shall take effect from the date specified in the agreement; if the agreement does not specify that effective date, its effectiveness shall be calculated from the date it is notarized or certified.
3. In cases where the agreement on dividing joint property between spouses must be notarized or certified according to the provisions of the law, the agreement on restoring the joint property regime must also be notarized or certified according to the provisions of the law and shall take effect from the date of notarization or certification.
Article 11. Invalidity of dividing joint property
At the request of those with rights and interests related to the matter, the division of joint property between spouses aimed at evading the fulfillment of the following financial obligations shall be declared invalid by the court:
1. Obligation to support and maintain others as prescribed by law.
2. Obligation to compensate for damages.
3. Obligation to pay when the enterprise is declared bankrupt by the court.
4. Obligation to pay taxes and other financial obligations to the State.
5. Obligation to repay debts to others.
6. Other financial obligations as prescribed by law.
Article 12. Limitation on the right to request inheritance division when one spouse dies
The limitation on the right to request inheritance division of the surviving spouse when one spouse dies, as stipulated in Clause 3, Article 31 of the Marriage and Family Law, shall be implemented as follows:
1. The period during which the division of inheritance is not allowed as stipulated in Clause 3, Article 31 of the Marriage and Family Law shall not exceed three years.
The division of inheritance significantly affects the life of the surviving spouse and family if the division of inheritance would make it impossible for the surviving spouse and family to maintain a normal life due to lack of housing, loss of the only means of production for generating income, or for other valid reasons.
2. In cases where the heir of the deceased spouse is in dire need, unable to work, has no assets to sustain themselves, and has no one else providing maintenance, the court shall consider and decide on the division of inheritance based on balancing the interests of the surviving spouse and the interests of other heirs.
3. In cases where the court does not allow the division of inheritance as stipulated in Clause 1 of this Article, the surviving spouse shall only have the right to use and exploit the inheritance to enjoy profits and income generated from it and must preserve and protect the inheritance as if it were their own property; they shall not carry out transactions related to disposing of the inheritance without the consent of other heirs.
In cases where the surviving spouse carries out transactions aimed at dissipating, destroying, or damaging the inheritance, other heirs have the right to request the court to declare such civil transactions invalid and to request the division of inheritance; the surviving spouse must compensate for losses suffered by other heirs according to the provisions of the law.
4. Heirs of the deceased spouse have the right to request the division of inheritance in cases where the surviving spouse remarries before the expiration of the period stipulated in Clause 1 of this Article.
Article 13. Incorporating one spouse's separate property into joint property
1. The incorporation of property such as houses, land use rights, and other valuable assets belonging to one spouse into the joint property of the couple, as stipulated in Clause 2, Article 32 of the Marriage and Family Law, must be documented in writing and signed by both the husband and wife. Such documentation may be notarized or certified according to the provisions of the law.
2. The incorporation of one spouse's separate property into the joint property of the couple with the aim of evading the fulfillment of individual financial obligations of that spouse shall be invalid as stipulated in Article 11 of this Decree.
Article 14. Fulfilling the duty and right to care for and support parents
The fulfillment of the duty and right to care for and support parents by children as stipulated in Article 35 of the Law on Marriage and Family shall be carried out as follows:
1. In cases where there are multiple children in a family, the children shall agree on who will directly care for and support their parents, and such agreement must be with the consent of the parents; children not directly supporting their parents have the obligation and right to visit, care for, and provide maintenance for their parents in accordance with the provisions of the law.
2. In cases where the children cannot reach an agreement among themselves regarding who will directly care for and support their parents as provided in Clause 1 of this Article, they have the right to request the Court to resolve the matter.
Article 15. Persons entitled to request the Court to limit the rights of parents towards minor children
The close relatives of minors as specified in Clause 1 of Article 42 of the Law on Marriage and Family include: paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother; paternal brother, paternal sister; paternal great-grandfather, paternal great-grandmother, maternal great-grandfather, maternal great-grandmother; paternal uncle, paternal aunt, maternal uncle, maternal aunt, maternal cousin.
Chapter III
REGARDING MAINTENANCE
Article 16. Persons having the actual ability to fulfill the obligation of maintenance and the essential needs of the person receiving maintenance
1. Persons having the actual ability to fulfill the obligation of maintenance as prescribed in Articles 51, 52, and 53 of the Law on Marriage and Family are those who have regular income or, although they do not have regular income, still have assets after deducting the usual necessary expenses for their living.
2. The essential needs of the person receiving maintenance as prescribed in Articles 51, 52, and 53 of this Law are determined based on the average living standard at the place of residence of the person receiving maintenance, including usual necessary expenses for food, accommodation, clothing, education, medical examination and treatment, and other usual necessary expenses to ensure the living conditions of the person receiving maintenance.
3. In cases where multiple persons share the obligation to provide maintenance for one person, and among them, some have the actual ability while others do not have the actual ability to fulfill the obligation of maintenance as prescribed in Clause 1 of this Article, then the persons with the actual ability must fulfill the obligation of maintenance for the person receiving maintenance according to Article 52 of the Law on Marriage and Family.
Article 17. Agreement on Maintenance
The person obligated to provide maintenance and the person receiving maintenance or the guardian of that person may agree with each other on the provision of maintenance. Such agreements on maintenance can be oral or in writing, specifying the date when the person obligated to provide maintenance begins to fulfill the obligation, the amount of maintenance, the method of fulfilling the obligation of maintenance, and other agreements about changing the amount or method of maintenance.
Article 18. Method of Fulfilling the Obligation of Maintenance, Amount of Maintenance
1. The person obligated to provide maintenance and the person receiving maintenance or the guardian of that person may agree on the method of fulfilling the obligation of maintenance in the form of money or property. The obligation of maintenance should be prioritized to be fulfilled regularly monthly, quarterly, semi-annually, or annually.
2. The fulfillment of the obligation of maintenance in the form of one-time maintenance as prescribed in Article 54 of the Law on Marriage and Family shall be implemented in the following cases:
a) By agreement between the person receiving maintenance or the guardian of that person and the person obligated to provide maintenance;
b) At the request of the person obligated to provide maintenance and accepted by the Court;
c) At the request of the person receiving maintenance or the guardian of that person and accepted by the Court in cases where the person obligated to provide maintenance frequently engages in acts of dissipating assets or deliberately evading the fulfillment of the obligation of maintenance, but currently has assets available to fulfill the obligation of one-time maintenance;
d) At the request of the person directly raising the child when the couple divorces and it is possible to allocate from the portion of assets divided to the person obligated to provide maintenance for the child.
3. At the request of the person obligated to provide maintenance, the one-time maintenance payment may be deposited in a bank or managed by the person receiving maintenance or the guardian of that person, except in cases where the parties have agreed otherwise.
4. The person entrusted with managing the one-time maintenance payment is responsible for preserving the asset as if it were their own property and can only withdraw funds to meet the essential needs of the person receiving maintenance.
Article 19Additional Maintenance
In cases where the person receiving one-time maintenance falls into severe difficulties due to accidents or serious illnesses, and the person who has fulfilled the obligation of maintenance has the actual ability to provide additional maintenance at a higher level, then additional maintenance must be provided upon request of the person receiving maintenance.
Article 20. Compelling the Fulfillment of the Obligation of Maintenance
1. In cases where the person obligated to provide maintenance under the Law on Marriage and Family does not voluntarily fulfill the obligation of maintenance, upon the request of the agencies, organizations, or individuals as stipulated in Article 55 of the Law on Marriage and Family, the Court issues a decision compelling the person obligated to provide maintenance to fulfill that obligation. The time for fulfilling the obligation of maintenance is agreed upon by the person obligated to provide maintenance and the person receiving maintenance; if no agreement is reached, the time is calculated from the date recorded in the judgment or decision of the Court.
2. In cases where the person obligated to provide maintenance, as decided by the Court, does not voluntarily fulfill their obligation, the person receiving maintenance or the guardian of that person has the right to request the enforcement agency to compel the person obligated to provide maintenance to fulfill that obligation. The time for fulfilling the obligation of maintenance is calculated from the date recorded in the judgment or decision of the Court.
3. According to the decision of the Court, the organization paying salaries, wages, or other regular incomes to the person obligated to provide maintenance is responsible for implementing deductions of the maintenance payments to transfer to the person receiving maintenance or the guardian of that person in accordance with the amount and method of maintenance agreed upon by the person receiving maintenance or the guardian of that person and the person obligated to provide maintenance, or according to the amount and method of maintenance decided by the Court.
Chapter IV
REGARDING THE DETERMINATION OF FATHER, MOTHER, AND CHILD; THE DETERMINATION OF THE ETHNICITY OF ADOPTED CHILDREN
Article 21. Determination of Common Children of Spouses
1. A child born during the marriage period or conceived during the marriage period as provided for in Clause 1, Article 63 of the Marriage and Family Law shall be determined to be a 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. A child born within 300 days from the date of the husband's death or from the date when the court's judgment or decision on divorce between the husband and wife becomes effective shall be determined to be a common child of the two parties.
3. In cases where either the husband or wife does not recognize the child as a common child of the two parties as stipulated in Clauses 1 and 2 of this Article, there must be evidence and it must be determined by the Court.
Article 22. REGARDING THE DETERMINATION OF ETHNICITY OF AN ADOPTED CHILD
The determination of the ethnicity of an adopted child as provided for in Clause 2, Article 75 of the Marriage and Family Law shall be carried out as follows:
1. An adopted child's ethnicity shall be determined according to the ethnicity of the biological father or mother. In cases where the biological father and mother belong to different ethnic groups, the ethnicity of the adopted child shall be determined according to the ethnicity of the biological father or mother based on custom or agreement between the biological father and mother.
2. In cases where the biological father and mother of the adopted child cannot be identified, the ethnicity of the adopted child shall be determined according to the ethnicity of the adoptive father or mother; if the adoptive father and mother belong to different ethnic groups, the ethnicity of the adopted child shall be determined according to the ethnicity of the adoptive father or mother based on custom or agreement between the adoptive father and mother; if the biological father and mother are later identified, the ethnicity of the adopted child may be re-determined upon request of the adopted child who has reached adulthood, or upon request of the biological father or mother, or the adoptive father or mother.
Chapter V
ON DIVORCE
Article 23. The right to use land is personal property of the husband or wife
When divorcing, the right to use land that each party had obtained prior to marriage through transfer, conversion, inheritance, mortgage, or land use rights granted or leased by the State prior to marriage remains personal property of each party; the land use rights of each party still belong to that party, except in cases where there is another agreement.
Article 24. Division of land use rights granted by the State to the husband and wife
After marriage, land use rights granted by the State to both the husband and wife or to either the husband or wife, including contractual land allocation, are joint property of the husband and wife; when divorcing, the division of such land use rights shall be carried out as follows:
1. For agricultural land used for growing annual crops, aquaculture land, salt-making land:
a) In cases where both the husband and wife have the need to use the land and the conditions to directly use it, the land use rights shall be divided according to the agreement of the parties; if no agreement can be reached, then the Court shall resolve the matter according to the provisions of Article 95 of the Marriage and Family Law;
b) In cases where only one party has the need and the conditions to directly use the land, that party has the right to continue using the entire land after reaching an agreement with the other party; if no agreement can be reached, the party using the land must pay the other party the value of the land use rights that the other party is entitled to according to the level agreed upon by both parties; if no agreement can be reached, then the matter shall be referred to the Court for resolution. In cases where one party has the need and the conditions to directly use the land but cannot pay the other party the value of the land use rights that the other party is entitled to, the other party has the right to transfer their portion of the land use rights to a third party, except in cases where the parties have another agreement.
2. The division of land use rights for agricultural land used for growing perennial crops, forestry land for planting forests, residential land granted by the State, and specialized-use land as joint property of the husband and wife when divorcing shall be carried out according to the provisions of Article 95 of the Marriage and Family Law.
Article 25. Division of land use rights leased by the State to the husband and wife
After marriage, land use rights leased by the State to both the husband and wife or to only one of them are joint property of the husband and wife; when divorcing, the division of such land use rights shall be carried out as follows:
1. In cases where the husband and wife have paid annual land lease fees and at the time of divorce, if both parties have the need and the conditions to directly use the land, the division of land use rights shall be carried out according to the provisions of Article 95 of the Marriage and Family Law; the parties must sign a new land lease contract with the competent state agency.
2. In cases where the husband and wife have paid annual land lease fees and at the time of divorce, if only one party has the need and the conditions to directly use the land, that party may continue to use the land and must sign a new land lease contract with the competent state agency, if the previous lease contract was signed by the other party or by both parties; if the parties have invested in assets on the land, they must pay the other party a portion of the value of the assets invested on the land at the time of asset division at the time of divorce, based on the investment of assets and labor of the other party, except in cases where there is another agreement.
3. In cases where the husband and wife have paid the full lease fee for the entire lease period, when divorcing, the parties shall agree on the use of the land and settle the payment of the land lease fee already paid for the remaining lease period.
In cases where one party continues to use the entire area of the land, that party must pay the other party half of the land lease fee corresponding to the remaining lease period, starting from the time of asset division at the time of divorce, except in cases where there is another agreement. If the parties have invested in assets on the land, the party continuing to lease the land must pay the other party a portion of the value of the assets invested on the land at the time of asset division at the time of divorce, based on the investment of assets and labor of the other party, except in cases where the parties have another agreement.
Article 26. Dividing the land use rights of the couple for conversion, transfer, joint inheritance, and mortgage acceptance
1. When divorcing, the division of land use rights transferred, assigned, inherited jointly by the husband and wife shall be carried out according to the provisions of Article 95 of the Marriage and Family Law.
2. In cases where the husband and wife accept a mortgage on land from a third party, when divorcing, the right to accept the mortgage on the land also belongs to the joint property of the husband and wife and shall be divided according to the provisions of Article 95 of the Marriage and Family Law.
Article 27. Dividing the land use rights granted jointly to a household between husband and wife
In cases where both the husband and wife have agricultural land use rights for annual crop cultivation, aquaculture, salt production, or forestry land use rights granted jointly to a household after marriage, upon divorce, the portion of land use rights belonging to either the husband or wife, or their children who will not continue to live with the household, shall be separated and divided according to the provisions set forth in point a, Clause 2, Article 97 of the Marriage and Family Law.
Article 28. Resolving the interests of husband and wife regarding state-rented housing upon divorce
The resolution of the interests of husband and wife regarding state-rented housing rented by either the husband or wife, or both, before or after marriage, shall be carried out as follows:
1. In cases where the housing rental contract still has remaining duration, the parties shall agree on continuing to rent the housing; if they cannot reach an agreement and both parties have a need to use it, then the court shall resolve it according to the provisions of Article 95 of the Marriage and Family Law.
In cases where the husband and wife have upgraded, repaired, improved, or constructed new buildings on the area of state-rented housing, upon divorce, the division of housing use rights and the area of upgrades, repairs, improvements, and new constructions shall be agreed upon by the parties; if they cannot reach an agreement, then the court shall resolve it according to the provisions of Article 95 of the Marriage and Family Law. If only one party needs to use it, then the user must pay the other party the value of the state-rented housing rights and a portion of the value of the upgraded, improved, repaired, or newly constructed building that the other party enjoys at the time of property division upon divorce.
2. In cases where the state has transferred ownership of the housing to the husband and wife, the division of housing upon divorce shall be carried out according to the provisions of Article 95 of the Marriage and Family Law.
Article 29. Resolving the interests of husband and wife regarding privately-rented housing upon divorce
In cases where the husband and wife rent housing from private owners, the division of housing use rights must ensure the interests of the housing owner and follow the following regulations:
1. In cases where the rental period is still ongoing, the parties shall agree among themselves on the area each party can rent and renew the contract with the housing owner.
2. In cases where the rental period is still ongoing but the housing owner only agrees to allow one party to continue renting the housing, the parties shall agree on which party can continue renting.
3. In cases where the privately-rented housing has been upgraded, repaired, improved, or additional areas have been constructed and attached to the rented housing with the consent of the housing owner, the party continuing to reside there must pay the other party the value of the upgraded, repaired, improved, or newly constructed housing that the other party enjoys at the time of property division upon divorce.
4. In cases where additional independent housing areas have been constructed with the consent of the housing owner and the parties have paid the land use fee to the housing owner, the division of housing shall be carried out according to the provisions of Article 95 of the Marriage and Family Law.
Article 30.Resolving the interests of husband and wife regarding housing owned solely by one party upon divorce
1. In cases where housing owned solely by one party has been used jointly, upon divorce, the housing shall remain the sole property of the owner, except in cases where the parties have reached a different agreement. The owner of the housing has the obligation to assist the other party in finding new accommodation if the other party faces difficulties and cannot find new accommodation independently. The party without accommodation may stay temporarily for up to six months to find alternative accommodation.
2. In cases where the housing has been newly constructed, upgraded, repaired, or improved, the housing owner must pay the other party the value of the newly constructed, upgraded, repaired, or improved housing that the other party enjoys at the time of property division upon divorce.
Chapter VI
IMPLEMENTING PROVISIONS
Article 31. Implementation guidance
Ministries and relevant agencies within their respective functions, tasks, and authorities shall be responsible for guiding the implementation of this Decree.
Article 32. Effectiveness
This Decree takes effect from October 18, 2001.
Article 33. Responsibility for Implementation
Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree./.
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Decree No. 70/2001/ND-CP detailing the implementation of the Marriage and Family Law
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