Decree No. 77/2001/NĐ-CP detailing the registration of marriage pursuant to Resolution No. 35/2000/QH10 of the National Assembly on the implementation of the Marriage and Family Law

DECREE

Regulations on marriage registration pursuant to Resolution No. 35/2000/QH10 of the National Assembly on the implementation of the Law on Marriage and Family

of the National Assembly on the implementation of the Marriage and Family Law

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THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

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

Based on Resolution No. 35/2000/QH10 dated June 9, 2000 of the National Assembly on the implementation of the Law on Marriage and Family;

To strengthen state management in the field of marriage and family, ensure the rights and legitimate interests of citizens, eliminate unregistered marriages, and encourage the establishment of lawful marital relationships;

At the proposal of the Minister of Justice.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

Article 1. This Decree stipulates detailed regulations on marriage registration for:

a) Cases where spousal relations were established before January 3, 1987, the date when the 1986 Law on Marriage and Family came into effect, but were not registered;

b) Cases where men and women cohabited as spouses from January 3, 1987 to January 1, 2001, the date when the 2000 Law on Marriage and Family came into effect, but were not registered.

2. The provisions of Clause 1 of this Article also apply to cases involving one party being a Vietnamese citizen and the other party being a citizen of a neighboring country sharing a border with Vietnam who have been living stably and long-term in Vietnam; cases involving one party being a Vietnamese citizen and the other party being a stateless person residing permanently in Vietnam or both parties being stateless persons residing permanently in Vietnam.

Stateless persons residing permanently in Vietnam referred to in this Clause are those without Vietnamese nationality and not recognized as having the nationality of any other country, who are engaged in business and living stably and long-term in Vietnam.

Article 2. Encouragement and obligation to register marriage

1. In cases where spousal relations were established before January 3, 1987, but were not registered, the State encourages and facilitates registration of marriage. Registration of marriage for these cases is not subject to time limitations.

2. Men and women who cohabited as spouses from January 3, 1987 to January 1, 2001 and meet the conditions for marriage as prescribed by the 2000 Law on Marriage and Family shall be obligated to register their marriage. From January 1, 2003 onwards, if they do not register their marriage, the law will not recognize them as spouses.

Article 3. Recognition of the effective date of marriage

The marital relationship of individuals registering marriage in accordance with this Decree shall be recognized from the date they established spousal relations or cohabited as spouses in reality. The effective date of recognition of marriage must be clearly recorded in the Marriage Registration Book and the Certificate of Marriage according to the guidelines of the Ministry of Justice.

Article 4. Exemption from marriage registration fee

Registration of marriage for cases prescribed in this Decree is exempted from the registration fee.

Chapter II

PROCEDURE REGISTRATION OF MARRIAGE

Article 5. Authority and procedure for marriage registration

1. The People's Committee of communes, wards, towns (hereinafter referred to as the People's Committee at commune level), where one of the two parties has permanent household registration, shall carry out the marriage registration.

In cases where neither party has permanent household registration but has temporary residence registration in accordance with the law on household registration, the People's Committee at commune level, where one of the two parties has temporary residence registration, shall carry out the marriage registration.

2. When registering marriage, the parties only need to fill out the Marriage Registration Form and present their Identity Card or other valid identification.

In the Marriage Registration Form, the parties supplement the date, month, and year of establishing spousal relations or cohabiting as spouses in reality. In cases where the spouses cannot determine the date and month of establishing spousal relations or cohabiting as spouses in reality, the calculation of the date and month is as follows:

If the month can be determined but not the day, then the first day of the following month is taken;

If the year can be determined but not the day and month, then the first day of January of the following year is taken.

Article 6. Handling marriage registration for spousal relations established before January 3, 1987

In cases where both spouses are domiciled or have temporary residence registration at the place of marriage registration, the People's Committee shall immediately handle the marriage registration upon receipt of the Marriage Registration Form.

In cases where one of the two parties is not domiciled or has temporary residence registration at the place of marriage registration, but the People's Committee is aware of their marital status, it shall also immediately handle the marriage registration. When there are unclear circumstances regarding whether either or both parties violated monogamy, the People's Committee shall require them to make a declaration and obtain confirmation from at least two witnesses about the content of the declaration. Witnesses must bear legal responsibility for the accuracy of their testimony.

, Clause 1, Clause 2 Article 7a of this Regulation.. Handling marriage registration for cases where men and women cohabited as spouses from January 3, 1987 to January 1, 2001

In cases where one of the two parties getting married does not have permanent household registration or temporary residence registration at the place of marriage registration, the Marriage Registration Form must be confirmed by the agency or unit where they are currently working (for civil servants, public officials, or those serving in the armed forces) or the People's Committee at commune level where they have permanent household registration or temporary residence registration regarding their marital status. If both parties are domiciled or have temporary residence registration at the place of marriage registration, such confirmation is not required.

After receiving the Marriage Registration Form, the People's Committee shall check, and if the parties meet the conditions for marriage as prescribed in Article 9 of the 2000 Law on Marriage and Family, they shall immediately register the marriage. When there are unclear circumstances regarding whether either or both parties meet the conditions for marriage, the People's Committee shall require them to make a declaration and obtain confirmation from at least two witnesses about the content of the declaration. Witnesses must bear legal responsibility for the accuracy of their testimony.

Article 8. Place of marriage registration

To facilitate the convenience of the parties getting married, marriage registration may be carried out at the People's Committee office or at the village, hamlet, or residential group according to the plan of the People's Committee at commune level.

Article 9. Recognition of common children of spouses

Children born before the date of marriage registration of the cases specified in Article 1 of this Decree and acknowledged by their parents are also recognized as common children of the spouses.

If the portion recording the father's information remains blank in the Birth Registration Booklet and Birth Certificate of the child, then the People's Committee of the commune where the birth was registered shall base on the Marriage Certificate of the parents to supplement the father's information in the Birth Registration Booklet and Birth Certificate of the child, while striking out the note "illegitimate child" in the Birth Registration Booklet.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Responsibilities of the Ministry of Justice

The Ministry of Justice is responsible for assisting the Government in directing, guiding, and inspecting the implementation of this Decree.

Article 11. Responsibilities of People's Committees at all levels

1. Provincial People's Committees and District People's Committees within the scope of their duties and powers shall be responsible for guiding, directing, inspecting, and urging Commune People's Committees in implementing this Decree.

2. Commune People's Committees shall be responsible for:

a) Propaganda, mobilization, review, and compiling lists of cases requiring marriage registration as stipulated in this Decree;

b) Organizing timely, convenient, and accurate marriage registration for cases specified in this Decree;

c) Confirming accurately and promptly the marital status of the parties involved in marriage, if requested;

d) Ensuring balanced funding from the state budget according to current regulations for the marriage registration activities mentioned in this Decree.

Article 12. 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./.