DECREE NO. 87/2001/ND-CP ON ADMINISTRATIVE SANCTIONS FOR VIOLATIONS IN THE FIELD OF MARRIAGE AND FAMILY

DECREE OF THE GOVERNMENT

On administrative offenses in the field of marriage and family

_______________________

THE GOVERNMENT

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

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

Pursuant to the Administrative Offense Handling Ordinance dated July 6, 1995;

At the proposal of the Minister of Justice,

DECREE: 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree specifies the acts of violation, forms, levels of punishment, procedures, and authority for imposing administrative penalties in the field of marriage and family.

2. Individuals and organizations intentionally or negligently violate regulations on marriage and family without reaching the level of criminal prosecution shall be punished according to this Decree.

Foreign individuals and organizations committing administrative violations in the field of marriage and family on the territory of the Socialist Republic of Vietnam related to marriage and family relations involving foreign elements, as provided for in Vietnamese laws on marriage and family, shall be punished according to this Decree, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

3. For acts of violating the civil service system by officials and civil servants while performing their assigned tasks in the field of marriage and family that have not reached the level of criminal prosecution, they shall be disciplined according to the laws on officials and civil servants.

Article 2. Principles of administrative penalty

The principles of administrative penalty in the field of marriage and family are implemented according to Article 3 of the Administrative Offense Handling Ordinance.

The imposition of administrative penalties in the field of marriage and family mainly aims at educating violators to recognize their mistakes, voluntarily correct them, fulfill obligations prescribed by law, cease illegal acts, and serve as a deterrent and preventive measure.

In imposing administrative penalties in the field of marriage and family against individuals from ethnic minority groups living in remote areas, consideration should be given to the influence and impact of customs and traditions to apply appropriately.

Article 3. Statute of limitations for penalties

1. The statute of limitations for administrative offenses in the field of marriage and family is one year from the date the administrative offense was committed.

2. For those who are indicted, prosecuted, or have a decision to bring the case to trial under criminal procedure but have a decision to terminate investigation or terminate the case, if their actions indicate administrative violations, they will be subject to administrative penalties; the statute of limitations for such administrative offenses is three months from the date of the termination decision.

Within the time limit specified in Clause 1 and Clause 2 of this Article, if the violator commits a new administrative offense in the field of marriage and family or deliberately evades or obstructs the penalty process, the statute of limitations does not apply. The statute of limitations is recalculated from the date of the new administrative offense or when the violator ceases to evade or obstruct the penalty process.

Article 4. Forms of Administrative Sanctions for Violations

1. For each administrative offense in the field of marriage and family, the violator individual or organization shall be subject to one of the following main forms of punishment:

a) Warning;

b) Fine.

2. Depending on the nature and degree of violation, the violator individual or organization may also be subject to confiscation of evidence and means of violation, revocation of license usage rights.

In addition to the above forms of punishment, depending on specific circumstances, the violator may be ordered to implement one of the measures: ordered to pay maintenance, ordered to compensate damage instead of children, ordered to perform guardianship duties as prescribed by law.

3. In cases where fines are imposed, the specific amount of fine for a single administrative offense without aggravating or mitigating circumstances as stipulated in Articles 7 and 8 of the Administrative Offense Handling Ordinance, is the midpoint of the fine range. For cases with mitigating circumstances, a lower fine below the minimum of the fine range shall be applied; for cases with aggravating circumstances, a higher fine up to the maximum of the fine range shall be applied. For cases with both aggravating and mitigating circumstances, the fine shall be adjusted higher or lower than the midpoint or remain at the midpoint of the fine range based on the nature and degree of these circumstances.

Article 5. Period Considered as Not Having Been Administered Administrative Sanctions

An individual or organization subject to administrative penalties, if they do not reoffend within one year from the date of completion of the penalty decision or from the date the penalty decision becomes ineffective, shall be considered as not having been administratively penalized in the field of marriage and family.

Chapter II

ADMINISTRATIVE VIOLATIONS IN THE FIELD OF MARRIAGE AND FAMILY

Violations concerning price stabilization regulations 

Article 6. Premature marriage, organizing premature marriage

A warning or a fine of VND 50,000 to VND 200,000 shall be imposed for any of the following acts:

a) Intentionally maintaining a marital relationship contrary to the law with a person who has not reached the age of marriage despite a court decision to terminate such relationship;

b) Organizing marriage for a person who has not reached the age of marriage.

Article 7. Coercing marriage, divorce, or hindering voluntary progressive marriage

A warning or a fine of VND 50,000 to VND 200,000 shall be imposed for any of the following acts:

a) Coercing another person to marry or divorce through physical abuse, mistreatment, mental coercion, or other means;

b) Hindering another person from marrying or hindering voluntary, progressive marriage through physical abuse, mistreatment, mental coercion, demanding property, or other means.

Article 8. Violations of prohibitions on marriage, violations of monogamy

1. A fine of VND 100,000 to VND 500,000 shall be imposed for one of the following acts:

a) Being married or living together as husband and wife with another person while already having a spouse, without causing serious consequences;

b) Marrying or living together as husband and wife with a person known to already have a spouse, without causing serious consequences;

c) Marrying within prohibited degrees of kinship up to three generations;

d) Marrying between foster parents and foster children;

đ) Marrying between a former foster parent and foster child, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepchild of the wife, stepmother and stepchild of the husband;

e) Marrying between persons of the same sex.

2. Additional forms of punishment and other measures:

Order to terminate unlawful marital relationships for violations under Clause 1 of this Article.

Article 9. Violations of registration requirements for marriage

1. A fine of VND 200,000 to VND 500,000 shall be imposed on the act of altering, distorting the content, or forging documents for marriage registration without reaching the level of criminal prosecution; intentionally making false declarations or engaging in other deceptive acts when registering a marriage.

2. Additional forms of punishment and other measures:

Seize and destroy documents that have been altered or distorted in content or forged documents in cases of violation stipulated in Clause 1 of this Article.

Article 10. Acts violating provisions on the relationship between parents and children

A fine of VND 100,000 to VND 500,000 shall be imposed on the act of evading the obligation to care for and raise children, exploiting the labor of underage children, or inciting or compelling children to perform illegal acts without reaching the level of criminal prosecution.

Article 11. Acts of abusing or mistreating family members or those who have raised oneself

A fine of VND 200,000 to VND 500,000 shall be imposed on the act of abusing or mistreating grandparents, parents, those who have raised oneself, or other family members but not causing serious consequences.

Article 12. Acts violating provisions on maintenance payments

1. A warning or a fine of VND 20,000 to VND 100,000 shall be imposed on the act of refusing or evading the obligation to provide maintenance between spouses after divorce, among siblings, or between grandparents and grandchildren as prescribed by law.

2. A warning or a fine of VND 50,000 to VND 200,000 shall be imposed on the act of refusing or evading the obligation to provide maintenance to parents or for children after divorce as prescribed by law.

Article 13. Acts violating provisions on guardianship

A warning or a fine of VND 20,000 to VND 100,000 shall be imposed on the act of evading or failing to fulfill the guardianship obligations after having completed the procedures for recognizing guardianship at the People's Committee of communes, wards, or towns as prescribed by law.

Article 14. Acts violating provisions on adoption

1. A fine of VND 200,000 to VND 500,000 shall be imposed on the act of altering, distorting the content, or forging documents for adoption registration without reaching the level of criminal prosecution; intentionally making false declarations or engaging in other deceptive acts when registering for adoption.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on organizations operating in the field of adoption if they commit any of the following acts:

a) Violating regulations on registration with competent state agencies at local levels;

b) Failing to notify competent state agencies of changes in the name, head of the organization, or main office location where established.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on organizations operating in the field of adoption if they commit any of the following acts:

a) Operating in the field of adoption without a permit from a competent state agency;

b) Altering, distorting, or forging documents to obtain a permit for operation without reaching the level of criminal prosecution;

c) Changing the head of the Overseas Adoption Office in Vietnam without permission from a competent state agency, changing the scope of activities or geographical area of operation in Vietnam;

d) Continuing operations after the permit has expired;

đ) Gaining improper benefits or engaging in other acts of profiteering related to introducing children for adoption.

4. Additional forms of punishment and other measures:

a) Seize and destroy forged documents or documents that have been altered or distorted in content in cases of violation stipulated in Clause 1, point b Clause 3 of this Article;

b) Revoking the right to use the permit for up to six months or permanently revoking the right to use the permit in cases of violation stipulated in point đ Clause 3 of this Article.

Article 15. Acts violating provisions on the right to visit children after divorce

Warning or a fine from 20,000 VND to 100,000 VNDg for acts frequently obstructing the non-custodial parent from visiting their child after divorce, except in cases where parents' rights to visit their children are restricted according to court decisions.

Article 16. Requesting the Court to decide on applying certain measures within its authority and handling cases where administrative penalties have been imposed but violations continue

1. Any person who violates the provisions of Clause 1, Article 9, Article 12, and Clause 1, Article 14 of this Decree, in addition to being subject to administrative penalties as stipulated in those articles, the competent authority imposing penalties shall also recommend the court with jurisdiction to decide on applying necessary measures as prescribed by law against the person penalized.

2. Any person who violates the provisions of Article 6, Article 7, points a and b of Clause 1, Article 8, Article 11, and Article 12 of this Decree causing serious consequences or who has been administratively penalized but continues to violate, shall be criminally prosecuted according to the Penal Code of 1999.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES

Part I - Competence to Impose Administrative Penalties

Article 17. The competence of the Chairpersons of People's Committees at all levels to impose administrative penalties

1. The Chairperson of the People's Committee of communes, wards, and towns has the right:

a) To issue warnings;

b) To impose a fine up to two hundred thousand dong;

c) Confiscate objects and means of transportation involved in administrative violations up to a value of 500,000 VND.

2. The Chairperson of the People's Committee of districts, towns, and provincial cities has the authority:

a) To issue warnings;

b) To impose fines up to VND 2,000,000.

c) Confiscate objects and means of transportation involved in administrative violations.

3. The Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The People's Committee of provinces and centrally governed cities has the right:

a) To issue warnings;

b) Impose fines up to the maximum level specified in Chapter II of this Decree;

c) To confiscate objects and means of administrative violations;

d) Suspend the use of licenses.

PART II

Procedures for imposing administrative penalties

Article 18. Ceasing Violations and Creating Administrative Violation Records

Upon discovering administrative violations in the field of marriage and family, those authorized to impose penalties as stipulated in Article 17 of this Decree must immediately require individuals or organizations that violate to cease such administrative violations or fulfill obligations prescribed by law, and promptly create an administrative violation record, except in cases where simple procedures are applied for penalties. The form and format of creating the record shall be carried out according to the provisions of Article 47 of the Law on Handling Administrative Violations. Once completed, the record must be handed over to the individual or organization committing the administrative violation; if the administrative violation does not fall under the authority of the person creating the record, it must be immediately sent to the person with the authority to handle it.

Article 19. Decision on Administrative Penalties

1. Within fifteen days from the date of creating the record, the authorized person must issue a penalty decision; if there are many complex circumstances, this period may be extended but not beyond thirty days. The form and content of the penalty decision shall be implemented according to the provisions of Clause 2, Article 48 of the Law on Handling Administrative Violations.

2. The penalty decision takes effect from the date of signature, except when another effective date is specified in the penalty decision.

3. The collection and management of fines shall be carried out according to the current regulations of the State.

Article 20. Imposing Administrative Penalties through Simple Procedures

In cases where administrative penalties are imposed in the form of warnings or fines of 20,000 VND, the authorized person imposing penalties does not need to create a record but issues the penalty decision on the spot.

Article 21. Enforcement of Administrative Offense Penalty Decisions

1. During the handling of administrative offense cases, the authorized authority must guide and explain to individuals or the legitimate representatives of organizations being penalized the specific provisions of the law related to the violation so that they voluntarily enforce the penalty decision.

2. Individuals and organizations being penalized must enforce the penalty decision within five days from the date they are handed the decision, except where the decision specifies a different enforcement period.

3. Individuals and organizations being penalized for administrative offenses who intentionally fail to comply with the penalty decision shall be subject to compulsory enforcement and must bear all costs associated with organizing the enforcement measures. The authorized authority has the right to issue a compulsory enforcement decision and the duty to organize such enforcement. Police forces are responsible for enforcing the compulsory enforcement decisions of the Chairman of the People's Committee at the same level.

Procedures for compulsory enforcement of administrative offense penalty decisions shall be carried out in accordance with the relevant laws.

Chapter IV

PETITIONING, REPORTING AND HANDLING VIOLATIONS

Article 22. Complaints, Reports, and Resolution of Complaints and Reports

1. Individuals and organizations being penalized for administrative offenses or their legitimate representatives have the right to complain about the penalty decision of the authorized authority if there is evidence that the decision is contrary to the law or infringes upon their lawful rights and interests.

2. Citizens have the right to report administrative violations by individuals and organizations and unlawful acts by the authorized authorities in charge of administrative offenses to competent state agencies.

The authority, procedures, and deadlines for resolving complaints and reports shall be implemented in accordance with the Law on Complaints and Reports dated December 2, 1998.

Article 23. Rewards and Handling of Violations

1. Individuals and organizations with achievements in detecting, preventing, and penalizing administrative offenses in the field of marriage and family shall be rewarded according to the general system of the State.

2. Authorized authorities in charge of administrative offenses who harass, tolerate, shield, fail to penalize, or penalize untimely, incorrectly, or beyond their jurisdiction shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation; if material damage is caused, compensation must be provided in accordance with the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 24.

1. This Decree takes effect fifteen days from the date of issuance.

2. Abolish Point a Clause 2 Article 26 of Decree No. 49/CP dated August 15, 1996 of the Government concerning administrative offense penalties in the field of security and public order.

Article 25. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.