Law 52/2014/qh13: Marriage And Family

Original Language Title: Luật 52/2014/QH13: Hôn nhân và gia đình

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CONGRESS
Number: 52 /2014/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 19, 2014

LAW.

Marriage and family.

________


The Constitution of the Socialist Republic of Vietnam.

Congress enacted the Law of Marriage and Family.

CHAPTER I
COMMON RULES

What? 1. The adjustment range

The law rules on the regime of marriage and family; legal norms for the treatment of family members; the responsibility of the individual, the organization, the State and the society in the construction, reinforcing the regime of marriage and the family.

What? 2. The basic principles of marriage and family rule.

1. Marriage voluntarily, progressive, a married wife, wife of equality.

2. Marriage between Vietnamese citizens of the peoples, religion, between religious people with non-religious persons, between people with respect to non-believers, between Vietnamese citizens with respect to foreigners who are respected and legally recognized by law. Guard.

3. Building a warm, progressive, happy family; family members who are obliged to respect, care, care, help each other; do not discriminate among the children.

4. State, social, and family is responsible for the protection, child support, elderly people, persons with disabilities who perform the rights to marriage and family; helping mothers perform their own noble function; planning family planning.

5. Succituation, cultural tradition of culture, the good moral virtue of the Vietnamese people of marriage and family.

What? 3. Explain words

In this Law, the words below are understood as follows:

1. Marriage. is the relationship between wife and husband after marriage.

2 Family. is a collection of people who are attached to each other due to marriage, blood relations, or foster relationships, giving birth to the rights and obligations between them and each other according to the rules of this law.

3. Marriage and Family Mode is the whole set of laws on marriage, divorce; rights and obligations between wife and husband, between parents and children, among other members of the family; nursing; identifying the father, mother, child; marriage relations and the family with foreign elements and other matters of marriage. It ' s different from marriage and family.

4. Talk about marriage and family. is the rule of processing that has a clear content of rights, the obligations of the parties in marriage and family relations, which are repeated, repeated over a long period of time and are widely acknowledged in a region, domain or community.

5. Marriage. is the fact that men and women ' s relationship with each other follow the rules of this law on marriage conditions and marriage registration.

6 Married illegal marriage. is a male, registered marriage in a state agency with jurisdiction but one party or both parties to violate the conditions of marriage under regulation at Article 8 of this Law.

7. Living as husband and wife. It ' s male, female life organizing and treating each other as spouses.

8. -Kiss. is taking a wife, getting married when either side or both parties are not yet married in accordance with the regulation at the point a 1 Article 8 of this Law.

9. Forced marriage, divorce. is the threat, the threat of morale, abuse, persecution, the claim of wealth or other behavior to force other people to marry or divorce contrary to their will.

10. Obstruction of marriage, divorce. is the threat, the threat of morale, abuse, persecution, the claim of wealth or other behavior to prevent the marriage of the person to be eligible to marry under the rules of this law or to compel others to maintain marital relations contrary to their will.

11. False marriage is the use of the marriage to appear, enter, reside, enter Vietnam citizenship, foreign nationality; enjoy the state's incentives or to achieve other purposes without the purpose of building the family.

12. The book's claim is in marriage. It ' s a very demanding thing and it ' s a condition to get married in order to impede the voluntary marriage of men, women.

13. Marriage Period is around the time of the marital relationship, calculated from the date of the marriage registration date to the end of marriage.

14. Divorce. is the termination of a sentence-in-law relationship, the decision to take effect on the law of the Court.

15. Fake divorce is the use of divorce to evade property obligations, breach of policy, law on the population, or to achieve other purposes without the purpose of ending marriage.

16. Family member. including his wife, husband; father's father, foster parents, stepfather, stepmother, stepmother, father-in-law; son, son, son, son of a wife, daughter, wife, son-in-law; brother, sister, sister, sister, sister, brother, sister, sister, brother, brother, sister, brother, sister, brother, brother, sister, brother, brother, brother, brother, brother, brother, brother, brother, brother, brother, brother, brother, brother, brother, brother, brother, brother, brother, brother, brother, brother, brother Sister-in-law, her sister-in-law, and her father's father, and her father, and her mother, and her mother; and his maternal grandparents, and her maternal grandparents; and her grandchildren, and her grandchildren, and her aunt, and her aunt, and his uncle, and his brother, and his birth, and his birth

17. People with the blood flow. It's the people with the bloodline, in it, the one who was born next to each other.

18. The people who have them within three generations. Among the same were born parents to the first generation; he, sister, sister, and father, and mother, and mother, and mother, and mother, were the second generation; he, the sister, the uncle, the children, the children, and the children, were the third generation.

19. Loved ones. is a person of marriage, nurbreeding, who has the same blood flow of online and who has them in the three-life range.

20. Essential Demand is the common demand for eating, dressing, staying, learning, exploring, healing, and the need for other common living conditions indispensable for each person ' s lives, each family.

21. Giving birth to reproductive support techniques is the birth of artificial insemination or fertilization in vitro fertilization.

22. Get pregnant for humanitarian purposes. is a voluntary woman, not for the commercial purpose of helping to get pregnant for the couple whose wife cannot be pregnant and give birth even when applying the birth support technique, by taking the wife 's ovules and the husband' s sperm to get pregnant. Fertilization in vitro fertilization, then implanted in the uterus of the pregnant woman who is pregnant so that this person is pregnant and giving birth.

23. Get pregnant for commercial purposes. is the fact that a woman is pregnant for other people by adopting a reproductive support technique to benefit economically or otherwise.

24. Nursing is a person who has an obligation to contribute money or other property to meet the essential needs of people who do not live with themselves, but have marriages, blood, or nurture in the case of a juvenile, who has become a teenager. is not capable of labor and no property to feed itself or the person who is in trouble, the needy in accordance with the rules of this Law.

25. Marital and family relations have a foreign element. is the marriage and family relations that at least one party to join are foreigners, the Vietnamese residing abroad; marriages and families between the parties involved are Vietnamese citizens but the base to establish, change, end that relationship according to the law. foreign law, foreign born or property related to that relationship abroad.

What? 4. State and society ' s responsibility for marriage and family to children.

1. The state has a policy, the protection of marriage and the family, faciliteit male, female self-established marriage, progressive marriage, a wife of a husband, an equal wife; building warm family, progressive, happy and fully performing her function; increasing the lives of women. Propaganda, disseminism, education of legal and family law; the movement of people to eradicate customs, marriages of marriages and families, traditional, customs, customs, and good practices demonstrate the identity of each ethnic group.

2. The government unified the state on marriage and the family. The ministries, the peer-to-peer agency to carry out state management of marriage and family according to the Government ' s division. The People's Committee and other agencies implement state administration of marriage and family by law.

3. Agency, organization with responsibility for education, advocacy, civil service, officials, workers, members of its members and every citizen who builds the cultural family; in time of reconciliation in the family, protection of rights, the legitimate interests of the members of the city. The family. The school co-ordinated with the family in education, propaganda, disseminism of marriage and family to the younger generation.

What? 5. Protect the marriage regime and family

1. Marriage and family relations are established, according to the provisions of this Law which is respected and protected by the law.

2. Ban the following behaviors:

a) married false divorce;

b) Kissing, forced marriage, deception marriage, obstructing marriage;

He is married, married, or married, as wife, and wife, and no wife, yet married, or married, as wife, and wife, and wife, and wife, and wife, and wife, and wife, and wife, and wife, and wife,

d) Married or faithful to life as wife between people of the same bloodline; among those who had them within three generations; between father, mother-in-law; among those who were father, foster mother, father-in-law to daughter-in-law, mother to son-in-law, father-in-law. And the stepmother of his wife, and the stepmother of her husband,

The book of wealth in marriage;

e) Coin divorce, deception of divorce, obstruction of divorce;

g) Perform a child with a reproductive support technique for commercial purposes, pregnancy for commercial purposes, fetal gender selection, sexual reproduction;

h) Domestic violence;

i) Use the exercise of rights to marriage and families to purchase human rights, exploitation of labor, sexual assault, or other behavior for the purpose of the benefit.

3. All violations of the law of marriage and the family must be treated severely, legally.

The agency, the organization, the individual has the right to ask the Court, the other agency with the authority to apply the measure in time to prevent and dispose of the person with a violation of the law of marriage and family.

4. Honor, dignity, prestige, private secrecy and other privacy rights of the parties are respected, defended during the settlement of the marriage and family affairs.

What? 6. Apply the regulation of the Civil Code and other laws relevant.

The provisions of the Civil Code and other laws are associated with marital and family relations applied to marital and family relations in the event that the Law is not regulated.

What? 7. Apply the practice of marriage and family

1. In the case of unregulated law and the parties without agreement, the good practice expresses the identity of each ethnic group, not contrary to the principle of regulation at Article 2 and does not violate the prohibition of this Law applied.

2. The government regulates this.

CHAPTER II

MARRIED.

What? 8. Marriage Conditions

1. South, female married to each other must obey the following conditions:

a) Nam from the age of twenty years old, women from age 18 and upward;

b) The marriage of men and women willingly;

c) There is no loss of the power of the people;

d) Marriage does not belong to one of the prescribed prohibition cases at points a, b, c and d paragraph 2 Article 5 of this Law.

2. The state does not acknowledge marriage between people of the same sex.

What? 9. Sign up for marriage

1. The marriage must be registered and because the state agency has the authority to implement under the provisions of this Law and the law on the passport.

The unregistered marriage stipulated in this paragraph is not legally valid.

2. The divorced spouse who wants to reestablish a married relationship must be registered for marriage.

What? 10. The person with the right to request annulled illegal marriage

1. The person who is forced to marry, to be cheated on marriage, by the rule of law on civil proceedings, has the right to order or offer personally, the organization stipulated at paragraph 2 This requires the Court to cancel the marriage of law by marriage violations. stipulate at the point b paragraph 1 Article 8 of this Law.

2. Personal, agency, the following organization, under the rule of law on civil proceedings, has the right to ask the Court to cancel the marriage of the law due to the marriage of the prescribed violation at points a, c and d 1 Article 8 of this Law:

a) Wife, husband's husband with a wife, married to another; and father, mother, son, custoship, or other law, according to the law of the marriage of the law;

b) The state governing body of the family;

c) The state governing body of children;

d) Women's union.

3. Personally, the agency, another organization when it is found to be legally married, is entitled to the agency, the organization stipulated at points b, c and d paragraph 2 This requires the Court to cancel the marriage of the law.

What? 11. Deal with illegal marriage of law

1. Handled the marriage of the law to be executed by the Court in accordance with this Law and the law of civil proceedings.

2. In the case at the time the Court resolved to ask for the annulled of the legal marriage that both parties married had enough to be married under the stipulation at Article 8 of this Law and the two sides demanded the recognition of marriage relations the Court recognized the matter. The marriage system. In this case, marriage relations are established from the time of the parties eligible to marry under the provisions of this Law.

3. The Court ' s decision on the annulled marriage of law or recognition of marital relations must be sent to the agency that has made the registration of marriage to write to the household register; the two parties marry the law; the individual, the agency, the relevant organization according to the rules The law of civil law.

4. The Supreme People 's Court presided over coordination with the Supreme People' s Examination Institute and the Justice Department guided this Article.

What? 12. The legal consequences of annulled illegal marriage

1. When the marriage of the law is annulled, the two married parties must end the relationship as spouses.

2. Rights, your obligations, your mother, you are resolved by the rule of rights, your duty, your mother, you when you divorce.

3. Asset relations, obligations, and contracts between the parties are resolved as stipulated at Article 16 of this Law.

What? 13. Handled registration of non-competent marriage

In the case of unlicensed marriage registration, when required, the state agency has the authority to recall, revoking the marriage certificate under the rule of the law on the passport and ask the two parties to redo the marriage registration at the agency. The state has jurisdiction. In this case, the marriage relationship was established from the date of the previous marriage registration date.

What? 14. Resolve the consequences of male, women living together as spouses without registering a marriage.

1. South, women who are eligible to marry in accordance with the rules of the same law live together as spouses who do not register to marry, do not give birth to the right, duty between wife and husband. Rights, obligations to the children, property, obligations, and contracts between the parties are resolved by regulation at Article 15 and Article 16 of this Law.

2. In the case of men, women living together as husband-in-law at the same Article but then perform marriage registration under the rule of law, marriage relations are established from the time of marriage registration.

What? 15. Rights, the duty of parents and children in the men ' s case, women living together as spouses without registering marriage.

The right, duty between men, women living together as spouses and children is settled by the rule of this Law on the right, the obligations of the parents and the children.

What? 16. Resolve the property, obligations and contracts of men, women living together as spouses without registering a marriage or marriage.

1. Asset relations, obligations and contracts of men, women living together as spouses who do not register to be resolved under the agreement between the parties; in the absence of agreement the resolution follows the regulation of the Civil Code and the provisions of the law. The laws of the law are different.

2. The settlement of the asset relationship must guarantee the right, the legitimate interests of women and children; the housework and other work involved in maintaining the common life is treated as income labour.

CHAPTER III

RELATIONSHIP BETWEEN WIFE AND HUSBAND

Item 1

HUMAN RIGHTS AND OBLIGATIONS

What? 17. Equal rights, obligations between wife, husband

The spouse, who is equal to each other, has the right, the obligation to be equal in all aspects of the family, in the implementation of the rights, the obligations of the citizens being prescribed in the Constitution, the Law and the other laws involved.

What? 18. Protect the rights, obligations on the wife of the wife, husband

The right, obligations on the wife of the wife, the husband stipulated in this Law, the Civil Code and other laws are respected and protected.

What? 19.

1. The spouse who has the duty of love, faithful, respect, care, care, help each other; together to share, carry out the work in the family.

2. The spouse is obligated to live together, except for the case of another agreement or by the requirements of the profession, work, learning, participation in political, economic, cultural, social, and political activities.

What? 20. The choice of residence of the spouse

The choice of the residence of the spouse due to the spouse's wife, is not bound by customs, practices, and administrative places.

What? 21. Respect the honor, dignity, prestige of the wife, husband

The wife, husband, has an obligation to respect, preserve and protect honor, dignity, prestige.

What? 22. Respect the freedom of religion, religion of his wife, husband

Wife, husband is obliged to respect each other's freedom of religion.

What? 23. Rights, the duty of learning, working, engaging in political, economic, cultural, social and cultural activities.

The wife, husband with the right, the obligation to facilitate each other to choose a profession; study, enhance cultural, professional, career; political, economic, cultural, and social activities.

Item 2

WIFE AND HUSBAND

What? 24. The base is representative of the wife and husband

1. The representation between the wife and the husband in the established, implementation, termination of the transaction is determined by the regulation of this Law, the Civil Code and other laws are relevant.

2. The wife, the husband can authorize each other to establish, implement and terminate the transaction which, according to the provisions of this Law, the Civil Code and other laws that are relevant must have the consent of both spouses.

3. Wife, husband representing each other when a party loses the competence of civil conduct that the other party has qualified as a guardian or when a party is restricted to the civil conduct capacity that the other party is designated by the Court as a law representative for that person, unless otherwise. In case of the rule of law, the person must exercise the right, the obligation is relevant.

In the case of one side of the wife, the husband who loses the competence of the civil behavior that the other party asks the Court to settle for divorce, based on the regulation of the guardianship in the Civil Code, the Court appointed others to represent people with the loss of civil conduct to solve. The divorce.

What? 25. Representative between wife and husband in business relationship

1. In the case of a wife, joint business husband, wife, husband directly involved in business relations is the legal representative of each other in that business relationship, unless the case before joining the business relationship, the spouse has other agreements or the Law. There are other regulations.

2. In the case of a wife, the husband putting the common property in the business is applicable in Article 36 of this Law.

What? 26. The representative between wife and husband in case of certificate of ownership, certificate of authority to use to common property but only credited as wife or husband.

1. The representation of the wife and husband in the identification, implementation and termination of the transaction associated with joint property has a certificate of ownership, the certificate of authority to use the property only by the name of a wife or husband made in accordance with Article 24 and Article 25 of the Law.

2. In the case of a wife or husband named on the certificate of ownership, the certificate of authority to use the property of self-determination, execution, and termination of the transaction with the third left with the regulation of representation between wife and husband of this Law then the transaction. That ' s not the case, except for the rule of law that the third person is right to protect.

What? 27.

1. Wife, the spouse responsible for the transaction due to one party stipulated at paragraph 1 Article 30 or other transaction in accordance with the regulation of representation at Articles 24, 25, and 26 of this Law.

2. Wife, husband who is in charge of the union on the obligations of regulation at Article 37 of this Law.

Section 3

HUSBAND AND WIFE ' S PROPERTY

What? 28. Apply your spouse ' s property.

1. The spouse has the option to adopt a statutory asset regime or property regime under the agreement.

The property regime of the statutory spouse is made in accordance with the provisions from Article 33 to Article 46 and from Article 59 to Article 64 of this Law.

The asset regime of the spouse under the agreement was made in accordance with the provisions of the Laws 47, 48, 49, 50 and 59 of the Law.

2. Regulations at Articles 29, 30, 31 and 32 of this Law are applied not to depend on the property regime the spouses have chosen.

3. The government provides details on the property regime of the spouse.

What? 29. The general principle of the property regime of the spouse

1. Wife, husband equal to the right, obligations in the creation, possession, use of the property, the intention to win the common property; not to distinguish between labor in the household and the income labour.

2. Wife, husband is obliged to secure the condition to meet the essential needs of the family.

3. The exercise of the right, the obligation on the property of the spouses that trespass against the right, the legitimate interests of the wife, husband, family and of others is required to compensate.

What? 30. Rights, duties of the wife, husband in meeting the essential needs of the family

1. Wife, husband with rights, the obligation to carry out the transaction in order to meet the essential needs of the family.

2. In the case of a spouse who has no common property or common property not enough to meet the essential needs of the family, the husband is obliged to contribute their own assets according to the economic capacity of each party.

What? 31. Trading related to home is the only residence of the spouse

The establishment, implementation, termination of house-related transactions is the only place where the spouse should have the consent of the wife. In the case of a private property owned by the spouse, the owner has the right to establish, make an end to the transaction associated with that property but must ensure the accommodation for the wife.

What? 32. Trading with the third person immediately regarding bank accounts, securities accounts and other motivers that follow the rule of law not to register for ownership, the right to use and use it.

1. In the transaction with the third person immediately, the wife, the husband who is the bank account name, the securities account is considered to be the person with the right to be established, carrying out the transaction in connection with that property.

2. In the transaction with the third person immediately the wife, the husband is occupying the property that by the rule of law not to register for ownership is considered the person with the right to be established, carrying out the transaction in connection with that property in the case of the Code. The civilian population is planning to protect the third person in love.

What? 33. Wife ' s common property

1. The common property of the spouse includes the property due to his wife, husband creating, income due to labor, production activities, business, profit, yield generated from private property and other legal income during the marriage period, unless the case is prescribed at 1-1. Article 40 of this Law; the property that the spouse is inherited in common or is given to the general and other property that the wife of the agreement is in common property.

The right to use the land by which the wife, husband comes after marriage is a common property of the husband, except for the case of a stepwife or husband inherited separately, given to her own or having through the transaction with her own property.

2. The common property of the most common spouse ' s wife is used to secure the needs of the family, performing the common duty of the spouses.

3. In the absence of a base to prove the property that the wife, the husband is having a dispute as the private property of each side, that property is considered a common property.

What? 34. Register for ownership, rights to the common property.

1. In the case of a joint property owned by the spouse to which the law stipulated to register for possession, the right to use, the certificate of ownership, the certificate of use must write the names of both spouses, unless the married couple has a deal. Different.

2. In the case of a certificate of ownership, the certificate of authority to use the property only names a wife or husband the transaction regarding this property is made as prescribed at Article 26 of this Law; if there is a dispute over that property, It is resolved by regulation at 3 Article 33 of this Law.

What? 35. Occupation, use, joint asset orientation

1. The possession, the use, the joint asset seizure by the wife of the agreement.

2. The settlement of the general property must have a written consent of the spouses in the following circumstances:

a) Real estate;

b) The property that by the rule of law must register for ownership;

c) The property is the source of the principal income of the family.

What? 36. Joint assets put into business

In the case of an agreement with a spouse who deals with the business, this person has the right to carry out the transaction in relation to the common property. This agreement must be established.

What? 37. Joint obligation on the property of the spouse

The spouses have joint obligations on the following property:

1. The obligation to arise from the transaction due to the spouse ' s agreement, the duty of damages, but by the law of the law, the law of the same is responsible;

2. The obligation by the wife or husband to meet the essential needs of the family;

3. The obligation to arise from the possession, use, settlement of common property;

4. The obligation to arise from the use of its own property to maintain, develop a common property bloc or to generate the household ' s primary source of income;

5. The duty of the damages caused by the child, by the rule of the Civil Code, the parents must pay compensation;

6. Other obligations under the regulation of relevant laws.

What? 38. Split the common property during the marriage period

1. During the marriage period, the spouses had the right to consent to the part or all of the common property, except for the specified case at Article 42 of this Law; if the agreement was not agreed, the Court would require the Court to settle.

2. The agreement on the sharing of joint assets must form text. This text is supported by the request of the spouse or by the rule of law.

3. In the case of a wife, the husband has a request, the Court resolved the split of the joint property of the spouse under the regulation at Article 59 of this Law.

What? 39. The timing was in effect of dividing the property during the marriage period.

1. The timing of the validity of the split of a spouse ' s common property is the time when the spouses deal and are written in the text; if in the text that does not specify the time to be in effect, the time in effect is calculated from the date of the text.

2. In the event that the property is divided by the rule of law, the transaction associated with that property must follow certain forms that the split of the spouse ' s common property is valid from the time of the agreement to comply with the form of law. regulation.

3. In the case of the Court to split the Common Property of the spouse, the split of the joint assets has been in effect since the day of the verdict, the Court ' s decision to take effect.

4. Rights, the obligation on the property between the wife, the husband with the third person who was born before the time of the joint property split in effect still has legal value, except for the case of other agreements.

What? 40. The consequences of sharing common property during the marriage period

1. In the case of dividing the common property of the spouse, the property is divided, the property, the yield that arise from each side's own property after the split of the common property is the private property of the wife, the husband, minus the case of the spouse having another agreement. The rest of the property does not share the common property of the husband.

2. The agreement of the spouse stipulated at this one Article does not change the right, the obligation on the previously established property between the wife, the husband with the third.

What? 41. End of the validity of joint property division during the marriage period

1. After dividing the common property during the marriage period, the spouses have the right to the agreement to end the validity of the joint property division. The form of the agreement is carried out as stipulated at paragraph 2 Article 38 of the Law.

2. Since the date of the consent of the spouse stipulated at this 1 Article which is valid, the identification of the common property, the private property of the spouses is carried out as prescribed at Article 33 and Article 43 of this Law. Part of the property that the wife, husband has been divided still is owned by her wife, husband, except for the case of another agreement.

3. Rights, the obligation on the property that was born before the end of the validity of the joint asset division remained in effect, unless the parties had other agreements.

4. In the case of the split of the common property during the marriage period carried out under the sentence, the decision to take effect of the Court then the agreement to end the validity of the joint property split must be recognized by the Court.

What? 42. Split the common property during the disabled marriage period

The split of the common property during the marriage period is disabled when belonging to one of the following cases:

1. Serious influence on the interests of the family; rights, the legitimate interests of the unjuvenile, the juvenile has lost the ability of civil behaviour or is not able to labor and have no property to feed itself;

2. To evade execution of the following obligations:

a), nursing, nursing,

b) The duty of reparation damages;

c) The obligation of payment upon being declared bankrupt by the Court;

d) The obligation to repay the debt to the individual, organization;

) the obligation to pay taxes or other financial obligations to the State;

e) The other obligation on the property under the provisions of this Law, the Civil Code and other regulation of the law are involved.

What? 43. Wife ' s own property, husband

1. The spouse ' s own property, the husband of the property that each had before the marriage; the property inherited separately, was donated to its own in the marriage period; the property is divided separately for the wife, husband by regulation at the provisions 38, 39 and 40 of this Law; property. the essential needs of the wife, husband and other property that follow the regulation of the law owned by the wife, the husband.

2. The property is formed from the private property of his wife, the husband is also the private property of his wife, husband. Profitefactors, the yield arise from their own property during the period of marriage made in accordance with the provisions of 1 Article 33 and paragraph 1 Article 40 of the Law.

What? 44. Occupation, use, locate private property

1. Wife, husband has the right to possess, use, resettle its own assets; enter or not enter their own assets into common property.

2. In the case of a wife or husband who cannot self-manage his own property and also does not authorize a person to administer it, the other party has the right to manage that property. Asset management must guarantee the benefits of the asset.

3. The private obligation on the property of each person is paid off from its own property.

4. In the case of a wife, a husband with a private property that benefits, the profits from their own property are the sole living source of the family, the valuation of this property must have the consent of the husband, the wife.

What? 45. Private obligation on the wife ' s property, husband

Wife, husband has private obligations on the following property:

1. The duty of each side of the wife, husband before marriage;

2. The obligation to arise from the possession, use, appropriation of its own property, except for the case of the obligation to arise in the preservation, maintenance, amendment of the spouse's own property, spouse pursuits at paragraph 4 Article 44 or stipulate at paragraph 4 Article 37 of the Law;

3. The obligation to arise from the transaction due to an established party, does not because of the needs of the family;

4. The obligation to arise from the criminal behavior of the wife, husband.

What? 46. Join your wife ' s private property, husband to common property

1. The entry of the wife 's private property, the husband to the common property is done under the wife' s agreement.

2. The property is entered into the common property that, according to the rule of law, the transaction regarding that property must follow a certain form, the agreement must ensure that form.

3. The obligation concerning private property has entered the common property made by common property, except where the spouses have other agreements or other regulated legislation.

What? 47. The agreement to establish a spouse ' s property

In the case of the two parties to choose the asset regime by agreement, this agreement must be established before marriage, in the form of text with a proof or endorsement. The property regime of the spouse under the agreement was established since the date of the marriage registration date.

What? 48. The basic content of the agreement on the property regime of the spouse

1. The basic content of the agreement on the property regime includes:

a) Property identified as joint property, private property of the wife, husband;

b) Rights, the obligations of the spouses to the common property, private property and relevant transactions; property to secure the essential needs of the family;

c) Conditions, procedures and principles of distribution of assets upon end of asset rule;

d) Other content is relevant.

2. During the implementation of the asset regime in accordance with the agreement of unequipated issues, the unequipated agreement applies to the provisions of the laws of 29, 30, 31, and 32 of the Law, and the corresponding regulation of the statutory asset regime.

What? 49. Modified, the contents of the agreement on the property regime of the spouse.

1. The spouse has the right to modify, add the agreement on the property regime.

2. The revised form, the addition of the contents of the agreement on the property regime under the agreement applied under the regulation at Article 47 of this Law.

What? 50. The husband ' s property regime is disabled.

1. The agreement on the property regime of the spouse is disabled by the Court when belonging to one of the following cases:

a) Non-conditional compliance with the validity of the transaction specified at the Civil Code and other laws is relevant;

b) Violation of one of the regulations at the terms 29, 30, 31 and 32 of this Law;

c) The content of the serious violation agreement is granted, the right to inheritance and rights, other legitimate interests of the father, mother, child and other member of the family.

2. The Supreme People 's Court presided over coordination with the Supreme People' s Examination Institute and the Justice Department instructed 1 Article.

CHAPTER IV

END OF MARRIAGE

Item 1

A DIVORCE.

What? 51. The right to settle divorce resolution

1. Wife, husband or both people have the right to ask the Court to address divorce.

2. Father, mother, other loved ones have the right to ask the Court to settle divorce when a wife, husband due to mental illness or other illnesses that cannot be aware of, master his behavior, and the victim of family violence committed by her husband, their wife. They ' re causing a serious impact on their lives, their health, their mental health.

3. Husband does not have the right to ask for divorce in case the wife is pregnant, giving birth or having a child under 12 months of age.

What? 52. Recommend reconciliation at base

The state and society encouraged reconciliation at the base when the wife, the husband asked for a divorce. The reconciliation was made in accordance with the rule of reconciliation law at the facility.

What? 53. The single receptor requires divorce

1. The Court of Receptor requires divorce in accordance with the rule of law on civil proceedings.

2. In the absence of a marriage registration required by divorce, the Court of Rationing and the declaration did not recognise the prescribed relationship at 1 Article 14 of the Law; if required of child and property, the settlement was determined at Article 15 and Article 15. 16 of this law.

What? 54. Peace in Court

After having issued a petition for divorce, the Court proceeded to mediate under the rule of law on civil proceedings.

What? 55.

In the case of a married marriage, if you see the two parties truly voluntary divorce, and have agreed to divide the property, the care, nurture, care, education on the basis of ensuring the right of the wife and the child, the Court of Justice. agreed to divorce; otherwise the agreement was agreed, but did not guarantee the right interest of the wife and the child, the Court settled the divorce.

What? 56. Divorce at the request of one party

1. When the wife or husband asks for a divorce from which the Court is not successful, the Court settled for divorce if it is based on whether or not the wife, husband has a family of domestic violence or serious breach of rights, the wife ' s duty, her husband makes marriage in state. Severe life cannot be extended, the purpose of marriage is not achieved.

2. In the case of a wife or husband of the person who was declared missing by the Court for divorce, the Court settled for divorce.

3. In the case of a prescribed divorce in accordance with Article 2 of Article 51 of this Law, the Court settled for divorce if it is based on the husband, whose wife's behavior of domestic violence severely affected the life, health, spirit of the other.

What? 57. The time of termination of marriage and accountability to the verdict, the divorce decision

1. Marriage relations end since the day of the verdict, the Court ' s decision to divorce the Court is in effect law.

2. The Court settled the divorce which must submit the sentence, the divorce decision that has been in effect law for the agency that has made the registration of marriage to record the checkbook; the two parties divorce; the individual, the agency, the other under the provisions of the Civil Procedal Code and others. The other law is relevant.

What? 58. Rights, the duty of parents and children after the divorce

The care, care, care, education after divorce is applied in accordance with the terms 81, 82, 83 and 84 of this Law.

What? 59. The principle of addressing the spouse ' s property when divorce

1. In the case of a statutory spouse ' s property the settlement of the property is due to the parties; if the agreement is not agreed, at the request of the wife, husband or of the two spouses, the Court resolved in accordance with provisions 2, 3, 4 and 5. This and at the 60s, 61, 62, 63 and 64 of this Law.

In the case of a spouse ' s property under the agreement, the settlement of the property when the divorce is imposed under that agreement; if the agreement is incomplete, it is clear that the applicable regulation applies at 2, 3, 4 and 5 Articles and at the terms. 60, 61, 62, 63 and 64 of this Law to resolve.

2. The joint property of the spouse is split but is charged with the following factors:

a) the plight of the family and of his wife, husband;

b) The contribution of the wife, husband to the creation, maintenance and development of the common property bloc. Labor of the wife, husband in the family is treated as income labour;

c) Protect the key benefits of each party in manufacturing, business and profession so that the parties have the conditions to continue to generate income;

d) The error of each side in violation of the rights, the duty of the spouses.

3. The common property of the spouse is divided by the present, if not divided by the item, divided by the value; the person who receives the property of the property with greater value than the portion itself is entitled to pay for the other side of the difference.

4. The spouse 's own property, the husband of that person' s possession, except for the case of its own property that entered the common property under the provisions of this Law.

In the event of a merger, mixing between a private property with a common property that the wife, husband has a claim on the property division, is paid the value of its assets to contribute to that property, except for the case of another agreement.

5. Protect the right, the legitimate interests of the wife, the juvenile, the teenager who has lost the ability of civil action or is not able to labor and have no property to feed himself.

6. The Supreme People 's Court presided over coordination with the Supreme People' s Examination Institute and the Justice Department guided this Article.

What? 60. Resolve rights, the wife ' s property obligations to the third person when divorce

1. Rights, the wife ' s property obligations to the third person remain in effect after the divorce, except for the case of the spouse and the third has another agreement.

2. In the event of a dispute over rights, the obligation of the property is applicable to the terms 27, 37 and 45 of this Law and the provisions of the Civil Code to resolve.

What? 61. Split the property in case the wife lives with his family

1. In the case of the wife who lives with the family that divorce, if the wife 's property in the family' s common property is not determined then the wife or husband is divided in part of the family ' s common property bloc into their contribution work. She was married to the creation, maintaining, developing the communal property, and the family's general life. The partial split in the general property was made by the spouse to the family; if the agreement was not agreed, the Court resolved.

2. In the case of married couples with the family that the wife 's property in the family' s common property bloc may be able to determine in part when the divorce, the portion of the widow ' s property is extracted from that common property bloc to divide the regulation at Article 59 of the Law.

What? 62. Share the use of a spouse ' s land when divorce

1. The right to use the land is its own property when the divorce is still on the side.

2. The sharing of land use is the common property of the spouses when the divorce is made as follows:

a) For agricultural land growing crops annually, aquacco farming, if both parties have a need and have direct conditions of use of the land, is divided by the agreement of the two sides; if the agreement is not agreed, the Court is required by the rules of the Court. Article 59 of the Law.

In the case of only one side of the need and directly conditional use of the land, it is continued to be used, but payment on the other side of the value of the rights of the land they are entitled to;

b) In case the wife has the right to use agricultural land growing annually, farming common water with the household, when the divorce of the right to use the land of the husband is separated and divided by regulation at this point;

c) For the long-growing agricultural land, forestry to grow forests, the land is divided by regulation at Article 59 of this Law;

d) For other types of land is divided by the rule of the land law.

3. In case the wife lives with the family without the right to use the land together with the household, when the divorce of the right of the party has no right to use the land and not continue to live with the family settled under regulation at Article 61 of This law.

What? 63. Wife or husband's exile in divorce.

The residence is owned by the wife, the husband who has taken in common use when the divorce is still owned by the person; the case of a married wife or husband is allowed to stay in residence for a period of 6 months from the date of the termination of marriage, unless otherwise. The circumstances of the parties have different agreements.

What? 64. Share your spouse ' s joint assets into business

The wife, husband is performing a business-related business that has the right to receive that asset and has to pay for the other side of the value of the property that they enjoy, except for the legal case of another regulated business.

Item 2

MARRIAGE ENDED DUE TO HIS WIFE, HER HUSBAND DIED.

OR WAS DECLARED DEAD BY THE COURT.

What? 65. End of marriage.

Marriage is over since the time of his wife or her husband's death.

In the case of the Court claiming the wife or husband is dead, the time of the marriage termination is determined by the date of death recorded in the verdict, the Court ' s decision.

What? 66. Resolve the widow ' s property in the case of a dead party or declared dead by the Court

1. When one side of the wife, the husband dies or is declared dead by the Court, the party manages to manage the common property of the spouse, except in the case in the will to specify the legacy of the legacy or the heirs to the deal.

2. When there is a request for inheritance, the common property of the spouse is split, except where the spouses have a deal on the property regime. The property of the wife, the husband who died or was declared dead by the Court is divided by the rule of inheritance law.

3. In the case of dividing the inheritance seriously affecting the life of the wife or husband alive, the family is married, the surviving husband has the right to ask the Court to restrict the inheritance by the provisions of the Civil Code.

4. The husband ' s assets in the business are resolved by regulation at 1, 2 and 3 This Article, minus the case of other regulated business laws.

What? 67. Human relations, property when his wife, husband is pronounced dead but returned home.

1. When the Tribunal decides to cancel the claim a person is already dead that the person ' s wife or husband has not been married to other people, marriage relations have been restored since the time of marriage. In the case of a decision for the divorce of the Court by stipulation at paragraph 2 Article 56 of the Law, the decision for divorce is still valid. In the case of his wife, the person ' s husband is married to another, the later established marriage relationship is legally valid.

2. The property of the man ' s property is pronounced dead back to the wife or husband who is resolved as follows:

a) In the case of the restored marriage, the property relations have been restored since the time of the Court's decision to cancel the claim, the wife is dead in effect. The property due to his wife, whose husband has been told since the time of the Court 's decision to declare her husband, the wife is dead in effect until the decision to cancel the claim, the deceased wife is the person' s private property;

b) In the event that marriage is not restored, the property is available before the Court's decision on the declaration of the wife, the husband is dead in effect, and has not been resolved as part of the divorce.

CHAPTER V.

THE RELATIONSHIP BETWEEN PARENTS AND CHILDREN

Item 1

RIGHTS AND OBLIGATIONS BETWEEN PARENTS AND CHILDREN

What? 68. Protect the rights and obligations of parents and children

1. The rights and obligations of the parents and children according to regulation in this Law, the Civil Code and other laws are associated with respect and protection.

2. The birth does not depend on the marital status of parents who are entitled to the same rights and obligations to their parents prescribed in this Law, the Civil Code and other laws are involved.

3. Between adoption and adoption, adopts mother has the rights and obligations of the parents and children prescribed in this Law, the Adoption Law, the Civil Code and other relevant laws.

4. All of the parents ' agreements, which are related to the self-interest, assets that are not affected by the rights, the legitimate interests of the unjuvenile, the teenager has lost the ability of civil action or is not able to labor and have no assets to do. Self-raising, parents lose their ability to commit civil behavior or are unable to labor and have no property to feed themselves.

What? 69. Parents ' Rights and Rights

1. Love you, respect your opinion; take care of your education, education so that you develop healthy physical, physical, moral, and moral, become a socially useful citizen.

2. Look after, nurture, care, protect the right, the legitimate interests of the juvenile, the teenager has lost the ability of civil action or is not able to labor and have no property to feed himself.

3. Guardian or representative in accordance with the provisions of the Civil Code for the juvenile, you have been a teenager who lost the power of civil conduct.

4. Not to be discriminated against either on the basis of the gender or in the marital status of the parents; unmolested by the child ' s labor force, the teenager has lost the ability of civil action or without labor; not incitement, Forcing you to do illegal work, social justice.

What? 70. Your rights and obligations

1. Being loved by the parents, respect, exercise of rights, self-interest in the body and property in accordance with the laws of the law; be educated and educated; be developed healthy in physical, intellectual and moral.

2. There is a beloved, respected, grateful, loving, loving mother, to honor the honor, the good tradition of the family.

3. You 've never been a teenager, you' ve become a teenager who has a civil or no labor capacity or no property to feed himself, has the right to live with his parents, who are cared for by their parents, foster care, care.

The juvenated child work is consistent with age and is not contrary to the laws of protection, care, and child education.

4. The teenager has the freedom to choose from career, residency, education, cultural, professional, career; political, economic, cultural, social, social and cultural activities. When living with his parents, she is obliged to participate in family work, labor, production, income creation, to ensure the life of the family; contributions to the household's need to meet the needs of the family in accordance with their ability.

5. Benefit of the property that is equivalent to the contribution to the family ' s property.

What? 71. The obligation and the right to care, nurture

1. Father, mother of equal duty and rights, together to take care of, foster childless children, children who have become a teenager or have no ability to labor and have no property to feed themselves.

2. You have the obligation and the right to care, nurture parents, especially when parents lose their ability to act civil, sick, old, disability; the family case has many children who have to come together to take care of, raising their parents.

What? 72. The obligation and the right to educate children

1. Parents have a duty and the right to educate you, take care and facilitate your education.

Parents make a condition for you to live in a warm, peaceful family environment; make yourself a good example of all things; in close coordination with the school, the agency, the organization in educating you.

2. Parents guide to the profession; respect for the right to choose the profession, the right to participate in political, economic, cultural, and social activities.

3. Parents can recommend the agency, the helpful organization that helps to perform the education of the child when it is difficult to solve itself.

What? 73.

1. Parents who are represented by the law of the juvenile child, who has been a teenager who has lost the ability of civil conduct, except for the case of someone else being a guardian or someone else represented by the law.

2. The father or mother has the right to perform the transaction in order to meet the essential needs of the juvenile, the teenager who has lost the ability of civil action or is not able to labor and have no property to feed himself.

3. For transactions related to property is real estate, property-registered property, the right to use, the property that goes into the business of the juvenile, as the child who loses the ability of civil behavior is required by the parents.

4. Father, the mother must be in charge of the union on the implementation of the transaction in relation to the child ' s property stipulated at paragraph 2 and paragraph 3 This Article and the provisions of the Civil Code.

What? 74.

Parents have to pay for the damage caused by the juvenile, which has been a teenager who has caused civil law to be caused by the rule of civil law.

What? 75. Your right to your own property.

1. You have the right to have your own property. Your own property includes your own inherited property, donated to your own, income from your employer, the benefit, the benefits that arise from your own property and other legal income. The property formed from your own property is also your own property.

2. You from all 15 years of age to live with your parents must have an obligation to take care of the common life of the family; contribute to the need to meet the essential needs of the family if you have income.

3. You have become a teenager whose obligation to contribute income into meeting the needs of the family by regulation at paragraph 4 Article 70 of this Law.

What? 76. Your own property manager

1. You from age 15 or older can either manage your own property or ask your parents to manage it.

2. Your own property under the age of 15, you lose your ability to conduct civil behavior due to parental management. Parents can authorize someone else to manage your own property. Your own property by your parent or other person is given to you when you are 15 or older or when you restore full civil capacity, except for the case of your parents and other agreements.

3. Parents who do not manage your own property in case you are being controlled by the others under the provisions of the Civil Code; who donate to the property or leave inheritance inheritance according to the will to the children who have appointed others to manage that property or otherwise. The rules are different.

4. In the case of a parent who is managing your own property of juvenile property, you have been a teenager to lose the ability of the civilian behavior that you are assigned to the other guardian, your own property is handed over to the custoship governed by the rules of the Ministry. Civil law.

What? 77. You ' re going to take your own property, you ' re a teenager, you ' re a teenager.

1. The case of a parent or guardian manager of your own property under the age of 15 has the power to take that property for your benefit, if the child from the age of 9 or older then must consider your wish.

2. You from age 15 to under 18 years of age have the right to settle your own property, unless the property is real estate, the property that registers ownership, the right to use or use the property for business is to have a written consent of the parent or the supervisor. Come on

3. In the case of a child who has lost the ability of civilian behavior, the intention of retaking your own property is by the guardian.

What? 78. Rights, adoption obligations, adoption and adoption.

1. The adopted father, adopted mother, the right and duty of the father, the mother, has been prescribed in this Law since the time of adoption of the adoption by the adoption of the adoption law.

In case of termination of adoption by the decision of the Court the right, the duty of the foster father, adopts the adoption of the adopted child since the day of the Court ' s decision to take effect on the law.

2. Rights, the duty of the birth father, the mother of birth and the child that has made the adoption of the other person is done according to the regulation of the Adoption Law.

3. Rights, the duty between the father, the mother and the child has been restored since the adoption of the foster family. In the case of the birth father, the mother of birth no longer or has not qualified to feed the juvenile, the juvenile has lost its civil and unskilled labor force and has no property to feed itself, the Court settled the end of raising livestock. the adoption and the designation of the guardian according to the provisions of the Civil Code.

What? 79. Rights, duties of the stepfather, stepmother and stepchild of the spouse

1. The stepfather, the heir to the right and the obligation to look after, nurture, take care of the other side, and educate themselves on the other side of the law, at the 69th, 71, and 72 rules of this law.

2. The stepson has the right and duty of care, the service of the stepfather, the stepmother living with him as prescribed at Article 70 and Article 71 of this Law.

What? 80. Rights, duty of the bride, son-in-law, parents ' parents, parents

In the case of the daughter-in-law, the son-in-law is shared with the parents, the parents ' parents, between the parties with the rights, the duty of respect, care, care, and the support of each other by regulation at the 69th, 70, 71, and 72 rules of this Law.

What? 81. Look after, care, nurture, educate you after divorce.

1. After the divorce, parents still have the right, the obligation to look after, care, nurture, educate the unborn child, the teenager who has lost the ability of civil behaviour or is not able to labor and have no property to feed itself under the rules of this Law, Civil and other laws are related.

2. Wife, husband agreement on the person directly raising the child, the obligation, the right of each side after the divorce to the child; the case is not agreed upon; the Court decides to hand the child to a direct party to the right of all children; if the child is sufficient. At the age of 7, you must consider your wishes.

3. You are under 36 months of age assigned to live adoptable mother, unless the parent is not eligible for direct care, care, foster care, child education or other satisfactory parents in accordance with the benefit of the child.

What? 82. Your duty, your right, you do not directly raise me after divorce.

1. Father, I am not directly raising you with respect to your right to live with the live one.

2. Dad, I ' m not directly raising you as a nursing service for you.

3. After the divorce, the undirectly raised child has the right, the obligation to visit the child that no one is impedied.

Father, a mother who does not directly raise child abuse to impede or adversely affect the care, care, nurture, child education, the person who has the right to ask the Court to restrict the rights to his children.

What? 83. The duty, father ' s rights, mother directly adopts children to the non-direct person after divorce.

1. Father, mother directly adopts the child with the right to ask the non-direct person to adopt the child in accordance with the prescribed obligations at Article 82 of this Law; requests that the non-direct person to raise their children and family members respect the right to raise their children.

2. Father, mother directly adopts children and family members who are not impedied to the non-direct person raising children in their visits, care, nurture, child education.

What? 84. Change the person directly raising the child after divorce

1. In the event of a request from the father, mother or individual, the organization is stipulated at paragraph 5 This, the Court may decide to change the person directly raising the child.

2. The change of child foster care is resolved when there is one of the following bases:

a) Father, I have an agreement on changing the direct person to raise you in accordance with your interests;

b) A person who adopts the child is no longer eligible for direct care, care, nurture, child education.

3. The change in person who adopts you must consider your aspirations from the age of 7 or more.

4. In the case of the review both the father and the mother were not eligible for child custody, the Court decided to give the child to the custoship according to the provisions of the Civil Code.

5. In the event of a prescribed base at point b 2 This is on the basis of your interest, the individual, the agency, the following organization has the right to ask for a change in person to feed the child:

a) the loved one;

b) The state governing body of the family;

c) The state governing body of children;

d) Women's union.

What? 85.

1. Father, mother is restricted to child rights in the following cases:

a) Being convicted of one of the offences of life, health, dignity, child honor with intentional failure or a serious violation of the duty of care, care, education, child education;

b) destroy your property;

c) There is a perverse lifestyle;

d), to compel you to do the legal thing, the moral ethics.

2. Based on each specific case, the Court may or at the request of the individual, the agency, the organization stipulated at Article 86 of this Law making decisions not for the father, mother of care, care, child education, child property management, or representation of the law. The law is for you for a period of 1 year and 05 years. The court may consider shoring this deadline.

What? 86. People have the right to ask the Court to restrict your rights to your father, mother to child

1. Father, mother, guardian of the juvenile, in accordance with the rule of law on civil proceedings, has the right to ask the Court to restrict the rights of the father, mother to the juvenile.

2. Personal, agency, the following organization, according to the rule of law on civil proceedings, has the right to ask the Court to restrict the rights of the father, mother to the juvenile child:

a) the loved one;

b) The state governing body of the family;

c) The state governing body of children;

d) Women's union.

3. Personally, the agency, the other organization when I discovered you, you have a violation of regulations at 1 Article 85 of this Law which has the right to recommend the agency, the organization stipulated at points b, c and d paragraph 2 This requires that the Court restrict the rights of the father, mother to the child. Not a teenager.

What? 87. The legal consequences of your father's limited rights to the juvenile.

1. In the case of a parent or mother who is restricted to the juvenile court to the juvenile, the person exercises the right to watch, nurture, take care of, educate the child, manage your own property and represent the law to the child.

2. The custoking care, care, child education and personal property management of the juvenile is given to the guardian according to the provisions of the Civil Code and this Law in the following cases:

a) The Father and the mother are entitled to the Court to restrict their rights to the unborn child;

b) One parent, mother is not restricted to the juvenile, but is not eligible for the exercise of the right, duty to the child;

c) One parent, mother is restricted to the juvenile and has not yet identified the father, the other mother of the minor.

3. Father, I have been granted a restraining order by the Court for an unborn child who still has to perform a nursing service for you.

Item 2

DEFINE ME, MOTHER,

What? 88.

1. You were born during the marriage period or by the pregnant wife during the marriage period as the common child of the spouse.

She was born in the 300-day period since the end of marriage is considered to be a child due to his pregnant wife during the marriage period.

She was born before the date of the marriage registration and was admitted by his parents as the daughter of her husband.

2. In the case of your father, you do n' t admit you have to have evidence and have to be identified by the Court.

What? 89.

1. The person who is not recognized is the father, the mother of one who may ask the Court to identify the person as his child.

2. The recipient is the father, the mother of one who may ask the Court to determine who is not his child.

What? 90.

1. You have the right to take your father, your mother, even in the case of your father, mother is dead.

2. I have become a father, without the consent of my mother; to receive my mother, without my consent.

What? 91.

1. Father, I have the right to take you, even in case you were dead.

2. In case you are having a wife, your husband receives you, the adoption does not have to have the consent of the other.

What? 92. Identilocate father, mother, child in case of a dead claim

In the case of a request for the identification of the father, the mother, the son of the person who is required to die, the person's relatives have the right to ask the Court to determine the father, the mother, the child to the deceased.

What? 93. Identitiate father, mother in case of childbirth by birth support technique

1. In the case of the biological wife with a reproductive support technique, the identification of the father, the mother is applied as prescribed at Article 88 of this Law.

2. In the case of a woman who lives alone with birth support techniques, the woman is the mother of the child born.

3. The birth of a reproductive support technique does not give birth to the parent, mother and child between the person for the sperm, for the ovules, for the embryo with the child born.

4. The identification of the father, the mother in the case of pregnancy for humanitarian purposes applied under the regulation at Article 94 of this Law.

What? 94. Identime father, mother in case of pregnancy for humanitarian purpose

You were born in the case of a pregnancy for the purpose of the humanitarian order that was the daughter of the husband who had been pregnant since the birth of her birth.

What? 95. The pregnancy conditions for humanitarian purposes

1. The pregnancy for humanitarian purposes must be performed on the voluntary basis of the parties and is established in writing.

2. The spouse is entitled to the pregnant person when there is enough of the following conditions:

a) There is a confirmation of the medical organization having jurisdiction over whether the wife is not able to conceive and give birth even when applying for reproductive support techniques;

b) The wife is not having a child;

c) Have been consulted on health, legal, psychological.

3. The person who is given a pregnancy must have enough of the following conditions:

a) As a relative of the wife's side, or to the side of her husband,

b) I ' ve been born and pregnant once;

c) At the appropriate and confirmed age of the medical organization having jurisdiction over the ability to carry pregnancies;

d) A case of pregnant women with a husband must have a written consent of the husband;

I've been advised on medical, legal, psychological.

4. Pregnancies for humanitarian purposes are not left with the regulation of the law on the birth of the child using the reproductive support technique.

5. The government regulates this.

What? 96. Agreement on pregnancy for humanitarian purposes.

1. The pregnancy agreement for the humanitarian purpose between the wife and the pregnant woman (later called a pregnant side) and the pregnant wife's wife (later called the pregnant side) must have the following basic content:

a) The full information on the side thanks to the pregnancy and the pregnant side under the relevant conditions stipulated at Article 95 of this Law;

b) Commending the implementation of the rights, regulatory obligations at Article 97 and Article 98 of this Law;

c) The consequentiation of the consequences in the case of a production ear; support to ensure reproductive health for the pregnant person during pregnancy and childbirth, the adoption of the side thanks to the pregnancy, rights and obligations of the two sides to the child. the case that you have not been given to the side with the pregnancy and the rights, the other obligation is relevant;

d) Civil responsibility in the event of one or both sides of the breach of the committed commitment under the agreement.

2. The agreement on the pregnancy must be established as a document with the right to be found. In the case of a spouse who is pregnant with a proxy for each other or the wife of the pregnant side, the mandate must be established as a document. The commission for the third person is not legally valid.

In the case of agreement on the pregnancy between the pregnant and the pregnant side with the pregnancy being set up with the agreement between them and the medical facility performing the delivery of the child with a reproductive support technique, the deal must have the confirmation of the person with the judge. the rights of this medical facility.

What? 97. Rights, the obligation of the pregnant side for humanitarian purposes

1. The pregnant woman, the husband of the pregnant pregnant pregnant woman, duty as a parent in the care of reproductive health and care, raising the child until the time of delivery of the child to the side due to the pregnancy; delivery of the child to the side due to the pregnancy.

2. The pregnant person must comply with the regulation of visitation, the screening processes to detect, treat the abnormers, the defects of the fetus by the provisions of the Ministry of Health.

3. The pregnant person who is entitled to the birth of contraceditness in accordance with the law of labor and social insurance until the time of delivery of the child to the side due to the pregnancy. In the case of the date of birth to the time of delivery of the child at the time of the birth of the maternity leave less than 60 days, the pregnant person still enjoys the birth of the maternity leave until it is 60 days. Childbirth due to pregnancy does not count on the number of children according to the population policy and family planning.

4. The pregnant side has the right to ask the side by the pregnancy to carry out support, reproductive health care.

In the case for the cause of life, your health or the development of the fetus, the pregnant pregnant person has the right to decide on the number of fetal numbers, the continued or not continuing pregnancy in accordance with the law of biological health care. They ' re producing and giving birth to reproductive engineering.

5. In the case of a pregnancy that refuses to accept the child, the pregnant side has the right to ask the Court to be forced by the pregnancy.

What? 98. Rights, the obligation of the party thanks to the humanitarian purpose

1. Thanks to the pregnant pregnant with the obligation to pay the actual costs to ensure the care of the reproductive health according to the Department of Health ' s regulation.

2. Rights, the obligation of the party thanks to the pregnancy for humanitarian purposes for the child that has been born since the time of the birth. The mother, thanks to her pregnancy, is entitled to the law of labor and social insurance from the time of her adoption until she is at the age of 6 months.

3. The side with the pregnancy is not refused to receive you. In the case of child carrying a child, child care, or child care violation, child care must be obliged to the child according to the rules of the law and be processed under the laws of the law; if you inflict damage to the party. She's got to be compensated. In the case of a death pregnancy, the child inherited the inheritance of the law on the property of the party due to the pregnancy.

4. Between the child born from being pregnant with other members of the family on the pregnant side with the rights, obligations under the provisions of this Law, the Civil Code and other laws are involved.

5. In the case of the pregnant side of the pregnancy refusing to deliver the child, the pregnant side with the right to ask the Court to force the pregnant side of the child.

What? 99. The dispute resolution involves giving birth in a reproductive support technique, gestation for humanitarian purposes, the report said.

1. The court is the authority with the authority to resolve the dispute over childbirth by birth support techniques, carrying pregnant.

2. In the absence of giving the child that both spouses to be pregnant with death or loss of civilian behavior, the pregnant side has the right to adopt the child; if the pregnant side does not adopt the child, the custody and nursing of the child. is done by the provisions of this Law and the Civil Code.

What? 100. Treat a child's violation of reproductive and reproductive support techniques.

The parties in the reproductive system are subject to reproductive support techniques, which are entitled to a violation of the condition, the right, the obligation to be prescribed in this Law, according to the nature, the degree of violation, which is handled by the responsibility of civil, administrative, criminal.

What? 101. The authority to resolve the identification of the father, mother, child.

1. The passport registration body has the authority to determine the father, mother, child by the rule of law on the passport in the absence of a dispute.

2. The Court has the authority to address the identification of the father, mother, child in the case of a dispute or who is required to identify as a father, mother, child dead and case stipulated at Article 92 of this Law.

The Court ' s decision on the determination of the father, mother, child must be sent to the registry of the passport to take notes under the rule of law on the passport; the parties in the relationship define the father, mother, child; the individual, the agency, the organization involved in accordance with the law of law. Civil service.

What? 102. You have the right to ask for your father, mother, child.

1. Father, mother, children who have not lost the ability of civil conduct have the right to ask for a passport agency to determine the child, father, mother to himself in the event stipulated at 1 Article 101 of this Law.

2. Father, mother, child, in accordance with the law of civil proceedings, have the right to ask the Court to determine the child, father, mother to himself in the case stipulated at paragraph 2 Article 101 of this Law.

3. Personally, the agency, the following organization, by the rule of law on civil proceedings, has the right to ask the Court to determine the father, the mother to the juvenile, the teenager who lost the competence of civil behaviour; identifies children to father, unjuvenile mother or lost. Civil conduct in cases is regulated at paragraph 2 Article 101 of this Law:

a) Father, mother, son, guardian;

b) The state governing body of the family;

c) The state governing body of children;

d) Women's union.

CHAPTER VI

RELATIONS BETWEEN OTHER MEMBERS OF THE FAMILY

What? 103. Rights, obligations between other members of the family.

1. Family members have the right, obligations of care, care, help, respect for each other. The right, the legitimate interests of the people and property of family members stipulated in this Law, the Civil Code and other laws are legally protected by law.

2. In the general case, family members are obliged to participate in family work, income labour; work contributions, money, or other assets to sustain the common life of the family in accordance with their actual ability.

3. The state has a policy of facilitefactors for generations in the family to care, care, help each other to preserve and promote the good tradition of the Vietnamese family; encourage individuals, organizations in society to join in their retention, development and development. The good tradition of the Vietnamese family.

What? 104. The right, the duty of the grandmother, the maternal grandparents and the grandchild.

1. Grandmother, maternal grandfather has the right, the duty of watching over, caring, educating you, living in the ink and giving a good example to your child; in case you have not yet been a teenager, you have been a teenager or without labor and without talent. To feed itself without a person who is raised by the provisions of Article 105 of this Law, grandparents, grandparents have an obligation to raise you.

2. You have an obligation to respect, care, to serve your grandparents, grandparents; in the case of your maternal grandparents, grandparents who have no children to feed on you, you have been a juvenile in the service of foster care.

What? 105. Boxing, your duty, me, you.

You, me, you have the right, the duty of love, care, helping each other; there is a right, the duty of raising each other in the absence of a parent or a parent who has no condition to look after, nurture, care, educate you.

What? 106. The right, your duty, my aunt, uncle, uncle, uncle and nephew.

She, aunt, uncle, uncle, uncle and grandson have the right, obligation to love, care, help each other; have the right, the obligation to nurture each other in the case of people who need to be raised without a parent, mother, child and those prescribed at Article 104 and Article 105 of This law is or else but these people have no conditions to carry out the nurseries obligation.

CHAPTER VII.

NURSING

What? 107. Nursing obligations

1. The nursing service is made between father, mother and child; between him, sister, sister; between paternal grandparents, maternal grandparents and grandchildren; between her aunt, aunt, uncle, uncle, uncle and grandson; between wife and husband following the rules of this Law.

The nursing service cannot be replaced by another obligation and cannot be transferred to others.

2. In the case of a person who is obligated to cultivate the obligation, at the request of the individual, the body, the organization stipulated at Article 119 of this Law, the Court forced the person to carry out a nursing obligation under the provisions of this Law.

What? 108. A nurse for a lot of people.

In the case of a person with a nursing obligation for many people the nursing person and those who are granted an agreement with each other in terms of the method and level of nursing in accordance with income, the actual ability of the person with a nursing obligation and the need for equipment weakness of those who are granted; if the agreement is not agreed, the Court is resolved.

What? 109. Many people join a person or for many.

In the case of many people with a nursing obligation to a person or for many, these people deal with each other in terms of the method and the level of contribution that matches the income, the actual ability of each person and the essential needs of the granted. But if you do not make a deal, you ask the Court to solve it.

What? 110. Father's nursing service, mother to me.

Father, I have a nursing service for the juvenile, who has become a teenager and has no property to feed herself in the event of not living with you or living with you, but in violation of the obligation to nurture you.

What? 111. Your nursing service to my father, mother.

I didn't live with my father, and I had a nursing service for you, and I was in the case of my father, and I was not able to labor and not have the property to feed myself.

What? 112. Your nursing service, sister, sister.

In the absence of parents or parents who are not capable of labour and no property to give to your child, I have been a teenager who does not live with me as a child without a property to feed myself or I have. They have no ability to labor and have no property to feed themselves; I have been a teenager living with you, you have a nursing duty for you, you have no ability to labor and have no property to feed yourself.

What? 113. The nursing service between the grandparents, grandparents and grandchildren.

1. Grandmother, maternal grandparents do not live with you in the sense of nursing children in case you have not been a teenager or that you have been unskilled, without property to feed yourself and have no prescribed care at all. Article 112 of the Law.

2. He was a teenager who did not live with the grandparents, the maternal grandparents had a nursing service for grandparents, grandparents in the case that he was not able to labor, no property to feed himself and no other people granted their own rules. This law.

What? 114. The nursing service between you, aunt, uncle, uncle, uncle and nephew

1. You, aunt, uncle, you, your biological uncle does not live with your grandson who is obliged to nurse you in case you have n' t been a teenager or you ' ve been a teenager without a talent and no property to feed yourself without someone else nursing home. The rules of this law.

2. You ' ve never lived with you, aunt, uncle, uncle, uncle, your uncle, your aunt, uncle, uncle, you, your gut in case you need to be granted unskilled and unskilled to feed yourself without someone else. By the rules of this law.

What? 115. The nursing service between the wife and husband when the divorce

When divorced if the party is difficult, the lack of nursing requests for a good reason is that the other party has a nursing service in its capacity.

What? 116. Level of Nursing

1. The level of nursing due to the person with a nursing obligation and the person is granted or the guardian of that person agreement the base to the income, the actual capacity of the person with a nursing duty and the essential needs of the nursing; if not agreed. You ask the Court to solve it.

2. When there is a good reason, the level of nursing can change. A change in the level of the nursing level due to the parties agreed; if the agreement is not agreed, the Court is resolved.

What? 117. Level of Nursing

The nursing degree can be made periodically monthly, quarterly, half a year, annually or once.

Parties can deal with a change in the level of nursing, a pause in nursing in the event of a person who is obliged to grant a nursing degree to an economically difficult state without the ability to perform a nursing service; otherwise, the Court is required. It's settled.

What? 118. End of nursing service

The nursing service is terminated in the following cases:

1. The person who is granted a minor and has the ability to labor or have property to feed himself;

2. The recipient of the adopted child;

3. The nursing person has directly raised the nursing home;

4. Nutritions or people who are granted death;

5. The side was granted after the divorce was married;

6. Other cases according to the rules of the law.

What? 119. The person with the right to request a nursing service,

1. The person who is granted a degree, the father, mother or guardian of the person, as prescribed by the law on civil proceedings, has the right to ask the Court to compel the non-voluntary person to perform the obligation to perform that obligation.

2. Personal, agency, the following organization, according to the rule of law on civil proceedings, has the right to ask the Court to compel the non-voluntary person to take the obligation to perform that obligation:

a) the loved one;

b) The state governing body of the family;

c) The state governing body of children;

d) Women's union.

3. Individuals, agencies, other organizations when the detection of evasion practices have the right to recommend the agency, the organization stipulated at points b, c and d paragraph 2 This requires the Court to compel the non-voluntary person to perform the right nursing obligation. I mean, that obligation.

What? 120. Encouraging the help of the organization, the individual

The state and society encourage the organization, the individual to help with money or other property for the family, the individual has a particularly difficult situation, the lack.

CHAPTER VIII

MARRIAGE RELATIONS AND FAMILIES HAVE A FOREIGN ELEMENT.

What? 121. Defending the right, the legitimate interests of the parties in marriage relations and the family have foreign elements.

1. In the Socialist Republic of Vietnam, marriage relations and families with foreign elements are respected and protected in accordance with the provisions of Vietnamese law and the international convention that the Socialist Republic of Vietnam is a member.

2. In marriage and family relations with Vietnamese citizens, foreigners in Vietnam have rights, obligations such as Vietnamese citizens, except for other regulated Vietnamese law cases.

3. The state of the Socialist Republic of Vietnam protects the legal interests of Vietnamese citizens abroad in marriage and family relations in accordance with the law of Vietnam, the law of the country, law and international practice.

4. The government regulates the settlement of the settlement of marriage and the family with foreign elements to guarantee the right, the legitimate interests of the parties, and the guarantee of regulation at paragraph 2 Article 5 of the Law.

What? 122. Applying the law to marital and family relations has a foreign element.

1. The provisions of the law on marriage and the family of the Socialist Republic of Vietnam are applicable to marital and family relations with foreign factors, except in the case of another regulation.

In the case of an international treaty that the Socialist Republic of Vietnam is another regulated member with the provisions of this Law, the provisions of that international treaty apply.

2. In the case of this Law, other Vietnamese law documents which have a reference to the application of foreign law, foreign law is applicable, if that application is not contrary to the underlying principles prescribed at Article 2 of this Law.

In the case of foreign law that would return to Vietnamese law, the law of marriage and the Vietnamese family was imposed.

3. In the case of an international treaty that the Socialist Republic of Vietnam is a leading member of the application of foreign laws, foreign laws are applied.

What? 123. The authority to address marriage and family incidents has a foreign element.

1. The authority to register for the household with regard to marital and family relations with foreign elements is made in accordance with the provisions of the law on the passport.

2. The authority to resolve marriages and families with foreign factors in the Court is carried out under the provisions of the Civil Procedal Code.

3. People ' s Court granted the residence of the citizens of Vietnam to cancel the marriage of law, settle divorce, disputes over the rights and obligations of the spouses, parents and children, on the adoption of the father, mother, child, child raising and custody among Vietnamese citizens. It resides in the border area with the citizens of neighboring countries and residing in the border area with Vietnam under the provisions of this Law and other provisions of Vietnamese law.

What? 124. Legalizing the paperwork, documents of marriage and family.

Papers issued by the authority of the foreign country, granting or confirmed to use settlement of marriages and families must be legally legalised, unless the case is exempt from the legalization of consuvising under the international treaty that the Social Republic of Korea has. It means that Vietnam is a member or the principle that goes back.

What? 125. Recognizing, documenting the verdict, the Court ' s decision, the authority of foreign authority on marriage and the family.

1. The recognition of the sentence, the decision on marriage and the family of the Foreign Court to be required to enforce in Vietnam is carried out under the provisions of the Civil Procedal Code.

2. The government rules out the enrollment of marriages of marriages and families according to the verdict, the decision of the Foreign Court without the request of enforcement in Vietnam or not having a non-recognition requirement in Vietnam; the decision on marriage and family. The authority of the other organ has foreign jurisdiction.

What? 126. Marriage has a foreign element.

1. In marriage between Vietnamese citizens with foreigners, each party must obey the law of their own country on terms of marriage conditions; if the marriage is conducted at the state authority with the jurisdiction of Vietnam the foreigners must follow suit. the provisions of this Law on the conditions of marriage.

2. The marriage between foreigners residing in Vietnam at the jurisdiction of Vietnam must follow the provisions of the Law on the conditions of marriage.

What? 127. Divorce is a foreign element.

1. The divorce between Vietnamese citizens with foreigners, between foreigners and foreigners residing in Vietnam, is settled in the jurisdiction of Vietnam under the rule of the Law.

2. In the case of the party as Vietnamese citizens who do not often reside in Vietnam at the time of the divorce request, divorce is resolved under the law of the country where the spouse is generally; if they do not have a permanent residence, legally resolved. Vietnamese law.

3. The settlement of the property is real estate overseas when the divorce follows the law of the country where there is real estate.

What? 128. Define me, mother, you have foreign elements.

1. The Vietnamese passport registry has the authority to address the identification of the father, mother, child without a dispute between Vietnamese citizens with foreigners, between Vietnamese citizens who together at least one party residing abroad, between foreigners and foreign nationals, among Vietnamese people. But at least one of the most permanent residents in Vietnam is in accordance with the law of the president.

2. The Court has the jurisdiction of Vietnam to resolve the identification of the father, mother, child with a foreign element to the specified case at paragraph 2 Article 88, Article 89, Article 90, paragraph 1, paragraph 5 Articles 97, paragraph 3, paragraph 5 Articles 98 and Article 99 of this Law; cases There's a dispute.

What? 129. The nursing service has foreign elements.

1. The nursing duty follows the law of the country where the person asks for a residency. The person who asked for a nursing home without a residence in Vietnam applies the law of the country where the nursing requirement is a citizen.

2. The Agency with the authority to address the order of the regulation of the specified person at paragraph 1 This is the agency of the country where the person asks for a residency.

What? 130. Applying the wife ' s wealth regime under the agreement; addressing the consequences of male, women living together as spouses without registering a marriage has a foreign element to their marriage.

In the case of a requirement to resolve the application of the spouse's assets under the agreement; male relations, women living together as spouses without registration of a foreign element, the competent authorities of Vietnam adopt the rules of the union. This law and other laws are related to Vietnam to resolve.

CHAPTER IX

EXECUTION CLAUSE

What? 131. Transfer clause

1. Marriage and family relations are established before this Law Day is in effect, applying the law on marriage and the family at the time of the determination to resolve.

2. For the case of marriage and the family due to the Court of Receptors before the Law on which the Law is not resolved, the procedure applies under the rules of this Law.

3. Do not apply this Law to appeal to the procedure of supervising the judge, retrial on the case the Court has resolved in accordance with the rule of law on marriage and the family before the law is in effect.

What? 132. Performance Performance

The law came into effect on 1 January 2015.

Marriage and Family Law. 22 /2000/QH10 The effect of this law came into effect.

What? 133. Detailed rules and execution guidelines

The government provides details of the provisions, which are assigned to the Law.

The Supreme People 's Court presided in coordination with the Supreme People' s Examination Institute and the Ministry of Justice guidelines for the implementation of the provisions, the paragraph assigned in the Law.

The law was held by the National Socialist Republic of Vietnam XIII, the 7th session through June 19, 2014.

Chairman.

(signed)

-Mr. Hung.