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Law 22/2000/qh10: Marriage And Family

Original Language Title: Luật 22/2000/QH10: Hôn nhân và gia đình

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Law on marriage and family _ _ _ _ _ _ _ _ _ PREFACE family is the cell of society, is the cradle of human nourishment, is an important environmental education and personality, contributing to the construction industry and protect the nation. Good family then new social good, social good, the family as possible.
To promote the role of the family in social life, to preserve and promote the traditional and customary practices, the good of peoples of Vietnam, delete the obsolete customs, customs about marriage and family;
To enhance the responsibility of citizens, State and society in construction, strengthening marriage and family regimes Vietnam;
Inheritance and development of the law on marriage and the family of Vietnam;
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;
This law stipulates the mode of marriage and family.
Chapter I GENERAL PROVISIONS article 1. The mission and scope of the law on marriage and family law on marriage and the family have the task of contributing to build, improve and protect marriage and family mode progress, building legal standards for the conduct of members of the family, the protection of the rights , the legitimate interests of the members of the family, inherit and promote the fine moral traditions of Vietnam family to build your family no warm, equality, progress, happiness, sustainability.
Law on marriage and family stipulates the mode of marriage and the family, the responsibility of citizens, State and society in construction, strengthening marriage and family regimes Vietnam.
Article 2. The basic principles of marriage and the family 1. Voluntary, progressive marriage, monogamy, equality spouses.
2. Marriage between citizens of Vietnam in the peoples, religions, between religious followers with people who do not follow the religion, between Vietnam citizens with foreigners is respected and protected by law.
3. The spouses have the obligation to implement population policies and family planning.
4. The parents have the obligation of parenting into citizens for society; you have the obligation to respect, care, foster parents; you have the obligation to respect, care for, serve nursing; family members have the obligation to care, care, help each other.
5. State and society does not acknowledge the discrimination between the children, between the son and daughter, offspring and adopted children, children in wedlock and illegitimate.
6. the State, society and the family are responsible for the protection of women, children, help mothers make good noble function of the mother.
Article 3. The responsibility of the State and society with regard to marriage and the family 1. State policy, measures to create conditions for the male and female citizens to establish voluntary marriage, family and progressive implementation of full functionality; strengthening advocacy, dissemination of the law on marriage and the family; people campaigning to delete outdated customs, customs about marriage and family, traditional, customary, good practices demonstrate the identity of each nation; build relationships to marriage and the family.
2. The agency responsible for education institutions, officers, public officials, members and all citizens to build the family culture; practical advice on marriage and the family; timely mediation in family conflicts, protect the rights, legitimate interests of members of the family.
3. The school in collaboration with the family in the education, advocacy, dissemination of the law on marriage and the family for the young generation.
Article 4. Protection of marriage and family mode 1. Marriage and family relations made under the provisions of this law are respected and protected by law.
2. Prohibition of algae, forced marriage, obstructing the voluntary marriage, progress; prohibition of marriage, cheated to marriages, divorces; prohibits the forced divorce divorce, false; banned books of wealth in marriage.
Banned people are married, have a husband that married or living as husband and wife with another person or who have not yet married, yet her husband that married or living as husband and wife with her husband, who are married.
Prohibition of mistreatment, torture, grandmother, father, mother, wife, husband, children, grandchildren, siblings, children and other family members.
3. all violations of the law on marriage and the family must be dealt with promptly, strict, true law.
Agencies, organizations, individuals have the right to ask the Court, other authority competent to take measures in time to prevent and handle intelligently for violations of the law on marriage and family.
Article 5. Apply the provisions of the civil code the provisions of the Civil Code concerning marriage and family relations are applied with respect to marriage and family relations in the case of the law on marriage and the family have no regulations.
Article 6. Application of customs, customs on marriage and family relations In marriage and the family, the customs, usages expressing the identity of every nation that is not contrary to the principles defined in this law shall be respected and promoted.
Article 7. Application of the law on marriage and family for marriage and family ties have foreign elements.
1. The provisions of the law on marriage and family of the Socialist Republic of Vietnam are applicable to marriage and family relations are foreign, except where this act otherwise.
2. In the case of international treaties to which the Socialist Republic of Vietnam signed or otherwise with provisions of this law, shall apply the provisions of international treaties.
Article 8. Explanation of terms In this law, the terms below are interpreted as follows: 1. The mode of marriage and the family as a whole the provisions of the laws on marriage, divorce, the obligation and rights between husband and wife, between parents and children, between other family members; , determine the father, mother, children, adoption, guardianship, marital relations and family have foreign elements and other issues related to marriage and family;
2. Marriage is the male and female couple relationship established in accordance with the law on conditions of marriage and marriage registration;
3. The marriage is unlawful is establishing the relationship the couple has registered for marriage but violated the conditions prescribed by law marriage;
4. marriage is the Algae get married, get married when a party or both parties are not yet old enough for marriage as stipulated by law;
5. Forced marriage is behaviour require marriage contrary to their aspirations;
6. Marriage is a relationship between husband and wife after the marriage;
7. the marriage period is the period of time the couple relationships exists, from the date of registration of marriage to the date of termination of marriage;
8. Divorce is terminated due to relationship recognition or court decision at the request of the wife or of the husband or both spouses;
9. Forced divorce is acts require divorce contrary to their aspirations;
10. The family is the sticking together due to marriage, consanguinity or by foster, the rights and obligations between them according to the provisions of this law;
11. Alimony is the one who has the obligation to contribute money or other assets to meet the essential needs of people who are not living with their marital relationship, blood or nourishment in the event that the person is a minor, who is underage without labor ability and have no assets to feed themselves , who is having difficulties, the needy under the provisions of this law;
12. The people of the same blood line of the system is the father, the mother for children; He, Ms. for my grandson and granddaughter;

13. Who are they in the third range is the same root born: parents are the first life; brothers and sisters of the same mother and father, along with his mother, his father and other second life; my sisters and my uncle, my aunt, my boy is her third;
14. the marriage and family relations are foreign relations elements of marriage and family: a) Between Vietnam and foreign citizens;
b) Between foreigners residing in Vietnam together;
c) Between Vietnam's citizens with each other that the base to establish, change, terminate that relationship under foreign law or property relating to the relationship of that abroad.
Chapter II MARRIAGE article 9. Conditions of marriage men and women married to each other are subject to the following conditions: 1. the Male from twenty years old and over, male from eighteen years of age;
2. The marriage due to men and women voluntarily decided, neither party was forced, deceived party; No one was forced or hinder;
3. The marriage isn't in one of the cases the prohibition of marriage stipulated in article 10 of this law.
Article 10. The case of prohibition of marriage marriage is prohibited in the following cases: 1. People who are married or have my husband;
2. Who lost the capacity for civil acts;
3. Between people of the same blood line of lineal; among those who had them within three of his life;
4. Between father, mother with adopted children; between his father, who had been a foster mother with adopted children, father-in-law with daughter-in-law, mother-in-law to his son-in-law, his stepfather with sons, stepmother with stepchildren;
5. Among those of the same gender.
Article 11. Marriage registration 1. The marriage must be registered and by the competent State agencies (hereafter referred to as marriage registration agencies) follow Protocol the provisions of article 14 of this law.
All the rites of marriage not as stipulated in article 14 of this law are no legal value.
Male, females do not register the marriage that living together as husband and wife shall not be recognized as legal spouses.
The couple divorced like to marry together must also register the marriage.
2. Government regulation of marriage registration in remote areas.
Article 12. Marriage registration authority Committee communes, wards, town of residence of one of the two parties married is the registry of marriage.
Diplomatic missions, consular agencies overseas Vietnam is the registry of marriage between citizens of Vietnam together abroad.
Article 13. Resolve the marriage registration 1. After receiving full valid papers under the provisions of the law on registration, Registrar of marriage records marriage registration; If the two sides consider men and women are eligible to marry, the marriage registry marriage registration organization.
2. where a party, or both parties are not eligible to marry, the marriage registry to refuse registration and explain the reasons in writing; If the person is denied does not agree, the complaint under the provisions of the law.
Article 14. Organization of marriage registration When registration organizations must present the two men, married women. Representing the registry of marriage requires the two sides to know marriage voluntarily, if the two sides agree to marry then represents the registry of marriage marriage certificate awarded for either side.
Article 15. People have the right to request the cancellation of unlawful marriage 1. The party being deceived, forced marriage under the provisions of the law on civil proceedings have the right to require the Court or Procurator recommendation asking the Court to cancel the marriage is unlawful because the marriage violated the provisions in clause 2 article 9 of this law.
2. Procurator as regulated by the law on civil proceedings have the right to ask the Court to cancel the marriage is unlawful because of violation of the provisions in clause 1 article 9 and article 10 of this law.
3. Individuals, agencies, held here under the provisions of the law on civil proceedings have the right to require the Court or Procurator recommendation asking the Court to cancel the marriage is unlawful because of violation of the provisions in clause 1 article 9 and article 10 of this law : a) spouse, father, mother, child of the parties to the marriage;
b) Committee to protect and care for children;
c) women's Union.
4. Individuals, agencies, and organizations have the right to Institute prosecution proposal review, ask the Court to cancel the marriage is unlawful.
Article 16. Cancel the marriage is unlawful according to the requirements of the individual, agency or organization specified in article 15 of this law, the Court of review and decide whether to cancel the marriage unlawful and send a copy to the agency decisions had made the marriage registration. Based on the decision of the Court, the registry of marriage cleared marriage registration in the registry of marriage.
Article 17. The legal consequences of marriage unlawful cancellation 1. When the marriage is unlawful is cancelled, the two men, women must terminate the relationship as husband and wife.
2. The rights of the child be solved as in the case of divorced parents.
3. The property is resolved according to the principles of private property who shall remain in the ownership of that person; common property is divided by agreement of the parties; If no agreement is then requested the Court resolved, taking into account the overall contribution of each party; priority to protect legitimate rights of women and children.
Chapter III RELATIONS BETWEEN the WIFE and the HUSBAND Thing 18. Gratitude married couple faithful, love, respect, care, help each other, to jointly build the family no warm, equality, progress, happiness, sustainability.
Article 19. Equality of rights and obligations between spouses spouses equally, equal rights and obligations in all aspects of the family.
Article 20. Choose the place of residence of the spouses residence of spouses married by choice, not bound by customs, customs, administrative boundary.
Article 21. Respect for the honor, the dignity, reputation of spouse 1. The wife, the husband to respect and preserve the honor, dignity, and prestige.
2. Prohibited acts spouse mistreatment, abuse, insult to the honour, dignity, and prestige.
Article 22. Respect the right to freedom of religion, the religion of his wife, the husband, the husband and wife to respect the right to freedom of religion, the religion of each other; not be forced, hindering each other in or do not follow a religion.
Article 23. Help create conditions for development in every other spouses in the same discussions, help create conditions for each selected occupation; learning, raise the level of culture, professional service; involved in politics, economy, culture, social expectations and the abilities of each person.
Article 24. Represent between spouses 1. The spouses can authorize each other establish, perform and terminate the transaction under the provisions of the law must have the consent of both husband and wife; the authorization must be made in writing.
2. Spouses represent each other when one side lost the capacity for civil acts that the other party is eligible to do guardian or when one party is limited capacity for civil acts that the other side was the court appointed legal representative for that person.
Article 25. Vicarious responsibility of spouses for the transaction due to a party make your wife or husband are jointly responsible for civil legal transactions by one of the two men made to meet the needs of essential activities of the family. 
Article 26. Marital relationship when one party being declared dead that return When the Court decision to remove a person declared dead according to the provisions of article 93 of the civil code that the wife or husband of that person not married to someone else, then of course marriage relations are restored; in case the wife or husband of that person was married to someone else, the relationship was established after the law takes effect.
Article 27. The common property of the spouses

1. common property of the spouses by the assets included spouses created by income, labor, production, business activity and the other legal income of the spouses during the marriage; the property that the spouses are inherited or donated to public and other property which the spouses deal is common property.
Land use rights that married couples have been after marriage is common property of the spouses. Land use that either spouse had been married before, inherited private general assets just when the spouses have agreed.
The common property of the spouses owned collectively.
2. In the case of property owned jointly by the couple that the law must register the ownership of certificate of ownership must be recorded the names of both husband and wife.
3. in no case the evidence property that spouses are in dispute is property of each side of the property There is a public property.
Article 28. Possession, use, dispose of public property 1. Spouses have equal rights and duties in the possession, use, dispose of common property.
2. common property of the spouses are spending to ensure the needs of the family, made the General obligations of the spouses.
 3. The establishment, implementation and termination of civil transactions involving public assets have value or is the source of life, the family's only property used for business investment must be husband and wife discuss, deal, except public property has been divided to the investment business as defined in clause 1 Article 29 of this law.
Article 29. Divide the common property during marriage 1. When the marriage exists, in the case of husband and wife business investment, civil service or other legitimate reason, the husband and wife can share the common property agreement; the separation of the common property is made in writing; If no agreement is then has the right to ask the Court to resolve.
2. The separation of the couple's shared assets in order to evade national service on the property was not recognized by law.
Article 30. The consequences of the couple's joint assets split During the case divided the assets of the spouses then yield, income arising from the property has been divided into separate property; the remaining properties section separating still owned jointly by husband and wife.
Article 31. Property inheritance rights between husband and wife 1. Spouses have the right to inherit each other's property under the provisions of the law of inheritance.
2. When the spouse dies or is declared dead, Court, the surviving asset management side of husband and wife, except in cases specified in other heritage management or people who inherited the deal sent other people manage the legacy.
3. where required divide the inheritance that the Estate Division severely affected the lives of the surviving spouse and the party of families, the surviving party has the right to ask the Court to determine the legacy that the heirs were entitled but have yet to divide the legacy in a certain time limit; If by the expiry of the Tribunal determine or the party alive was married to someone else, the other heirs have the right to request the Court to divide the inheritance.
Article 32. Property of spouses 1. Spouses have the right to own property.
Your spouse own properties including property that each person had before marriage; the property was inherited, was donated to the marriage period; the property was subdivided for the spouse as defined in clause 1 Article 29 and article 30 of this law; furniture, personal belongings.
2. Spouses have the right to enter or not enter private property into public property blocks.
Article 33. Possession, use, dispose of property 1. Spouses have the right to possess, use, dispose of their own assets, except in the case prescribed in clause 5 of this Article.
2. self spouse own assets management; in the case of spouses cannot manage private property nor authorize others to manage the other party has the right to manage the property.
3. obligations of private property of every person who is paid from the person's own assets.
4. separate property of the spouses is also used on the essential needs of the family in the case of common property is not enough to meet.
 5. In the case of property of spouses has been put into general use that yield, interest from private property that is the source of life, the family's only dispose of private property which must be the agreement of both spouses.
Chapter IV RELATIONS BETWEEN the PARENTS and the CHILD Article 34. Parental rights and obligations 1. Parents have the duty and the right to loving, caring, nurturing, care, protect the rights, legitimate interests of children; respect for the opinions of children; take care learning and education to the healthy development of physical, intellectual and moral, to become dutiful sons of the family, citizens for society.
2. The parents not be discrimination between the children, mistreatment, abuse, insult children; not abuse the labour power of the juvenile; Don't be tempted, forcing the child to do things unlawful, immoral society.
Article 35. Obligations and rights of the Child have the duty love, respect, gratitude, filial to parents, listen to the recommendation of his parents, preserving the honor, fine traditions of the family.
The obligation and the right to health care, foster parents.
Prohibits the acts of abuse, torture, outraged parents.
Article 36. The obligation and the right to health care, raising 1. Parents have the duty and the right together, parenting care juvenile or minor children had been disabled, lost the capacity for civil acts, inability to work and don't have the assets to feed themselves.
2. You have the right and obligation of care, foster parents, especially parents of sick, elderly, disability; in the case of families having many children, the children must together take care, foster parents.
Article 37. The obligation and the right to education 1. Parents have the duty and the right to education, child care and facilitate the learning.
Parents facilitates children live in cosy family environment, harmony; a good example for your child in all aspects; work closely with schools and social institutions in the education of children.
2. Parents Guide your chosen profession; respect for the right to choose the profession, the right to participate in social activities.
3. When trouble can't solve, parents can suggest the Agency, relevant organizations helping to implement the education of children.
Article 38. Obligations and rights of the stepfather, stepmother and sons or her husband's 1. Stepfather, stepmother has the obligation and the right to care, upbringing, education, child care, along with his own prescribed in articles 34, 36 and 37 of this law.
2. The rights and obligations of the private care, nourish the stepfather, stepmother along living with yourself according to the provisions of article 35 and article 36 of this law.
3. the stepfather, stepmother and sons or her husband not be mistreated, tormenting, insulting each other.
Article 39. Represents the parent is the legal representative of the juvenile, the juvenile had lost the capacity for civil acts, unless you have someone else do the guardian or other person having legal representation.
Article 40. Compensation for damage caused by parents to compensate the damage caused by the juvenile, the juvenile has lost the capacity for civil acts causes prescribed in Article 611 of the civil code.
Article 41. Restrict the rights of parents with respect to minor children

When the father, the mother was convicted of one of the charges of intentionally violating the health, dignity, honor of the child or have serious violations of obligations to look after, care, upbringing, education of children; approval of the property destruction; There are lifestyle debauchery, forced the solicitation do things unlawful, immoral society, the specific circumstances the Court may itself or at the request of the individual, agency or organization specified in article 42 of this law a decision not for father, mother Shepherd , care, child education, child's own property management or legal representation for the child within the time limit from one year to five years. The Court may consider shortening this period.
Article 42. People have the right to ask the Court to limit the rights of parents with respect to minor children 1. My father, my mother, who's a minor child under the provisions of the law on civil proceedings have the right to require the Court or Procurator recommendation asking the Court to limit some rights of parents with respect to minor children.
2. Procurator as regulated by the law on civil proceedings have the right to ask the Court to limit some rights of parents with respect to minor children.
3. the following organizations, bodies under the provisions of the law on civil proceedings have the right to require the Court or Procurator recommendation asking the Court to limit some rights of parents with respect to minor children: a) the Committee of protection and care of children;
b) women's Union.
4. Individuals, agencies, and organizations have the right to Institute prosecution proposal review, ask the Court to limit the rights of parents with respect to minor children.
43 things. The legal consequences of the parents with limited rights to juvenile child 1. In case one of the two men is the father or the mother Court of some limited rights to the other person, then the juvenile rights, nurturing, care, child education, child's own property management and legal representation for the child.
2. In case the parents were limited rights court for juvenile children, look after, care, education and the management of property of a minor child was delivered to a guardian under the provisions of the civil code and this law.
3. Parents have limited rights court for juvenile must still perform the obligation of parenting.
Article 44. The right to property of the 1. Children have the right to own property. Property of the include property inherited, donated to, the income due to the labor of the United States, benefit, income arising from the property of the child and other legal income.
2. Children from fifteen years enough is still living with their parents are obliged to take care of the family's public life; If the income is contributed to the necessities of the family.
Article 45. Management of property of the child 1. Children from fifteen years old enough can manage your property or thanks to my parents managed.
2. Property of children under fifteen years, lost the capacity for civil acts by parents to manage. Parents can authorize another person to manage your property.
3. Parents do not manage property of the child in case the gifts of property or to leave a legacy as testament to his appointed other people manage the property or other circumstances as stipulated by law.
Article 46. Private property disposition of juvenile children 1. In the case of private asset management parents of children under the age of fifteen shall have the right to dispose of that property for the benefit of children, taking into account the child's wishes, if the child from nine years of age.
2. Children from fifteen years enough to under eighteen years of age has the right to dispose of property; If the disposition of the property has great value or use to the business assets they must have parental consent.
Chapter V RELATIONSHIP BETWEEN HIS PATERNAL GRANDPARENTS, GRANDPARENTS And GRANDCHILDREN; BETWEEN HIM, siblings and FAMILY MEMBERS BETWEEN Article 47. Obligations and rights of his paternal grandparents, grandparents and grandchildren-1. His paternal grandparents, grandparents have the obligation and right to look after, care, education, living exemplary and set the example for good children. In case you or your child has a minor minor disabilities, lost the capacity for civil acts, inability to work and don't have the assets to feed themselves without carers under the provisions in article 48 of this law, the paternal grandparents, grandparents are obliged to nurture you.
2. I have the duty, of care, to serve nursing his paternal grandparents, his grandparents.
Article 48. Your rights and obligations, the British siblings, siblings have the duty of love, care, help each other; obligations and rights, nurturing each other reassurance in case no longer a parent or parents do not have the condition, care, upbringing, education and children.
Article 49. The relationship between family members 1. The same members living in families are means service of interest, help each other together, care of family, contribute, money and other assets to maintain common life consistent with income, his actual ability.
The members of the family are entitled to the care and help each other. The rights, legitimate interests of members of the family are respected and protected by law.
2. the State encourages and facilitates to the generations in family care, help each other in order to preserve and promote the fine traditions of Vietnam family.
Chapter VI Article 50 SUPPORT. Support obligations 1. The obligation of support between parents and children, between siblings, between his paternal grandparents, grandparents and grandchildren, between the wife and the husband under the provisions of this law.
Support obligation cannot be replaced by other obligations and cannot be transferred to another person.
2. In the case of the person obliged to nurture that evade that obligation shall be forced to perform the obligation of support specified in this law.
Article 51. A people for the many people in case of a people for the many who support it and those who are alimony agreements with each other regarding the method and the appropriate support levels with actual ability, income of the person who has the duty of support and the essential needs of the people are of support; If no agreement is then asked the Court to resolve.
Article 52. Many people together for one person or for multiple people in many cases the obligation of support for one person or for many people, these people deal with each other on the method of matching contributions and level of income, the real possibility of each person and the person's essential needs are alimony; If no agreement is then asked the Court to resolve.
Article 53. The level of support 1. The level of support by people with the duty of support and people are alimony or guardian of the person that the agreement based on income, real possibility of the obligation of support and the essential needs of the people are of support; If no agreement is then asked the Court to resolve.
2. When there is good reason, the level of support may change. The change of the level of support by the parties to the agreement; If no agreement is then asked the Court to resolve.
Article 54. The method to perform The support obligations of support can be made monthly, quarterly, semi-annual, annual or one time.
The parties can deal changed the method of support, suspension of support in case the person is obliged to support the difficult economic situation that does not have the ability to perform the duty of support; If no agreement is then asked the Court to resolve.
Article 55. People have the right to request support service

1. People are alimony or the guardian of such person under the provisions of the law on civil proceedings have the right to require the Court or Procurator recommendation asking the Court to force the involuntary service in alimony must fulfill that obligation.
2. Procurator as regulated by the law on civil proceedings have the right to ask the Court to force the involuntary service in alimony must fulfill that obligation.
3. the following organizations, bodies under the provisions of the law on civil proceedings have the right to require the Court or Procurator recommendation asking the Court to force the involuntary service in alimony must fulfill that obligation: a) the Commission of protection and care of children;
b) women's Union.
4. Individuals, agencies, and organizations have the right to Institute prosecution proposal review, ask the Court to force the involuntary service in alimony must fulfill that obligation.
Article 56. Support obligations of parents towards children when divorce When divorce, the father or mother does not directly support juvenile or minor children had been disabled, lost the capacity for civil acts, inability to work and don't have the assets to their adoptive child support obligations.
The level of child support by fathers and mothers; If no agreement is then asked the Court to resolve.
Article 57. Your child support obligation with respect to a minor child has parents not living with their parents are obliged to support their parents can not afford labor and have no assets to feed themselves.
Article 58. The obligation of support between siblings, children 1. In no case did the parent or parents cannot afford labor and have no assets to support the child, the siblings were adolescents not living with the child support obligation for juvenile children have no assets to feed yourself or you have a minor incapable of labor and have no assets to feed themselves.
2. Children have no adult living with you, you have the obligation of support for him, she has no ability to work and have no assets to self feed.
Article 59. The obligation of support between his paternal grandparents, grandparents and grandchildren-1.  His paternal grandparents, grandparents living with grandchildren have no obligation to provide support in case of juvenile or grandchildren grandchildren were teenagers with no ability to labor, does not have the property to feed themselves and no alimony according to the provisions of article 58 of this law.
2. You have adolescents not living with his paternal grandparents, grandparents have the obligation of support for his paternal grandparents, his grandparents in case you do not have the ability to labor, with no assets to feed themselves and not have others alimony according to the provisions of this law.
Article 60. The obligation of support between a wife and her husband divorce When divorce, if the party hard, lean require alimony which have justifiable reasons, the other side has the obligation of support according to their ability.
Article 61. The termination of the obligation of support support obligation terminated in the following cases: 1. The person is underage and has already support the ability of labor;
2. Who is alimony income or assets to feed themselves;
3. support person are to be adopted;
4. The alimony has been directly nourished person is alimony;
5. The alimony or support person are dead;
6. Parties are alimony after divorce was married to someone else;
7. Other cases prescribed by law.
Article 62. Encourage the assistance of the Organization, Government and individuals to encourage social organizations and individuals to help with money or other property for families, individuals with particularly difficult circumstances, needy.
Chapter VII IDENTIFY the father, mother, child Article 63. Define parents 1. Children born during the marriage or by the wife during the pregnancy that is the common children of the spouses.
Children born before the marriage registration and be parents admit also the common children of the spouses.
2. In the case of parents not to admit the evidence to the Court and to be determined.
The determination of the parents for the child to be born under the scientific method due to government regulations.
Article 64. Identify the people don't get is the father, the mother of a person may ask the Court to determine that the person is your child.
Recipients of the father, the mother of a person may ask the Court to determine that the person is not her child.
Article 65. The right to receive the parents 1. The child has the right to his mother, father, please accept, even in the case of the father, the mother had died.
2. minor children please accept my father, does not require the consent of the parents; Please accept my mother, does not require the consent of the father.
Article 66. People have the right to determine the parents for the juvenile, minor children had lost the capacity for civil acts or stated for father, mother lost the capacity for civil acts 1. The mother, father or guardian under the provisions of the law on civil proceedings have the right to require the Court or Procuratorate proposal requires the Court to identify the father, the mother for the juvenile, minor children had lost the capacity for civil acts or stated for my father mom lost the capacity for civil acts.
2. Procurator as regulated by the law on civil proceedings have the right to ask the Court to determine the father, the mother for the juvenile, the juvenile had lost the capacity for civil acts or stated for father, mother lost the capacity for civil acts.
3. the following organizations, bodies under the provisions of the law on civil proceedings have the right to require the Court or Procuratorate proposal requires the Court to identify the father, the mother for the juvenile, minor children had lost the capacity for civil acts or stated for my father mom lost the capacity for civil acts: a) the Committee of protection and care of children;
b) women's Union.
4. Individuals, agencies, and organizations have the right to Institute prosecution proposal review, ask the Court to determine the father, the mother for the juvenile, the juvenile had lost the capacity for civil acts or stated for father, mother lost the capacity for civil acts.
Chapter VIII ADOPTION Article 67. Adoption 1. Adoption is establishing parent and child relation between the adopter and the adopted, be guaranteed for people who are adopted are consulted, nurturing, care, education consistent with social ethics.
A person may receive one or more people.
Between the adopter and the adopted are there rights, obligations of parents and children according to the provisions of this law.
2. State and society encourages getting orphans, abandoned children, children with disabilities.
3. Is strictly forbidden to use the adoption to exploitative labor, sexual, purchase and sale of children or because other gain.
Article 68. Recipients of adoption 1. Recipients of adoption must be from fifteen years old.
People on fifteen years can be adopted if the wounded, the disabled, people lost the capacity for civil acts or adoption of lonely elderly people.
2. A person may only make adoption of a person or of both of them as husband and wife.
Article 69. Conditions for the adopter The adoption must have the following conditions: 1. the capacity for civil acts in full;
2. Over adoption from twenty years;
3. Have good moral character;
4. the actual conditions ensure the supervision, care, upbringing, education and adoption;

5. Aren't people are limited to some rights of parents with regard to the juvenile or convicted but not yet cleared a scheme in the crime of intentionally violate life, health, honor, dignity of the other person; mistreatment or torture him, grandmother, father, mother, wife, husband, children, grandchildren, having his upbringing; seduce, forced or juvenile delinquency; the sale, of swapping, seized the children; the crime of sexual violations against children; behavior incited, forced the son to do the unlawful, immoral society.
Article 70.  The couple shared adoption in case the same adopter spouses, the husband and wife must have enough of the conditions stipulated in article 69 of this law.
Article 71. The consent of parents, guardians and who are adopted 1. Getting minors, who were teens lost the capacity for civil acts for adoption must be agreed in writing by the parents of that person; If the parents lay dead, lost the capacity for civil acts or fails to identify the father, the mother must be agreed in writing by the guardian.
2. Getting children from nine years old enough for adoption must be the consent of the child.
Article 72. Register the adoption The adopter must be competent State agencies register and record in the book.
The registration procedure for the adoption, the adoption was done according to the provisions of the law on the Registrar.
Article 73. Refuse the registration of adoption in the case of a party or non-parties have enough conditions to receive adoption or adoption agency shall register the adoption to refuse registration and explain the reasons in writing; If parents, guardians and the adopter does not agree, the complaint under the provisions of the law.
Article 74. Rights and obligations between the adoptive parents and the adopted child between the adoptive parents and the adopted child has the rights and obligations of parents and children as stipulated in this law, since the time of the registration of the adoption.
The martyrs, the wounded, the children of people with the revolution was adopted by others still continue to enjoy all benefits of the martyrs, the wounded, the children of people with the revolution.
Article 75. Change them, name; identify the ethnicity of the adoption 1. At the request of the adoptive parents, the State Agency has the authority to decide whether to change them, the name of the adopted child.
Changing the name of their adopted child from nine years old to enough to be the consent of that person.
Changing them, the name of the adopted child is made under the provisions of the law on the Registrar.
2. The determination of the peoples of the adoption was done according to the provisions of article 30 of the civil code.
Article 76. Terminate the adoption at the request of the persons specified in article 77 of this Act, the Court may decide to terminate the adoption in the following cases: 1. the adoptive parents and the adopted child has a minor voluntarily terminate the adoption relationship;
2. Adoption was convicted on one of the invasion to life, health, dignity, in honor of his father, foster mother; abuse, killing the father, mother or have canopy breaking behavior property of her father, foster mother;
3. Adoptive parents have had the acts specified in paragraph 3 Article 67 or 69 of this Law Article 5 clause.
Article 77. People have the right to request the Court to terminate the adoption 1. Adoption was minor, father, mother, guardian of the adopted child, the adoptive parents under the provisions of the law on civil proceedings have the right to require the Court or Procurator recommendation asking the Court decision terminating the adoption in the cases specified in article 76 of this law.
2. Procurator as regulated by the law on civil proceedings have the right to ask the Court to make a decision to terminate the adoption in the cases specified in point 2 and point 3 Article 76 of this law.
3. the following organizations, bodies under the provisions of the law on civil proceedings have the right to require the Court or Procurator recommendation asking the Court decision terminating the adoption in the cases specified in point 2 and point 3 Article 76 of this law : a) the Committee of protection and care of children;
b) women's Union.
4. Individuals, agencies, and organizations have the right to Institute prosecution proposal review, ask the Court to make a decision to terminate the adoption in the cases specified in point 2 and point 3 Article 76 of this law.
Article 78. The legal consequences of the termination of adoption 1. Upon the termination of the adoption by the decision of the Court, the rights and obligations between the adopted child and the adoptive parents also terminated; If the adopted child is a minor or has a minor disability, lost the capacity for civil acts, inability to work and have no assets to the Court supporting the decision delivered the person for parents laying or personal, nurturing, caring organization.
2. In the case of adopted children have private property shall be returned to that property; If the adoption effort contributed to block the assets of the family of the adoptive parents are excerpted in part from the common property that blocks under the agreement between the adopted child and the adoptive parents; If no agreement is then asked the Court to resolve.
3. When the adoption is terminated, at the request of the father or mother of the person who has been adopted, the competent State authorities decided the person was adopted was to regain them, names that parents lay has set.
Chapter IX GUARDIAN AMONG the MEMBERS in the FAMILY Article 79. Apply the law of guardianship in family relations When in a family should be guardians, the guardians are made according to the regulations on guardianship of the civil code and this law.
Article 80. Parent guardian for the child in case the parents of the same child guardianship have teens lost the capacity for civil acts, they must make the rights and obligations of a guardian. His father, his mother agreed with each other about legal representation for children in civil transactions for the benefit of children.
Article 81. The parents sent a guardian for the child in cases where parents are still alive but there is no direct supervision, care, upbringing, education of the juvenile, the juvenile had lost the capacity for civil acts, then the parents can send to another guardians for children; parents and guardians guardian agreement on the implementation of a part or the whole of the guardian.
Article 82. The private guardian for his stepfather, stepmother in case his stepfather, stepmother does not have a guardian under the provisions of article 72 of the civil code, the sons are living with his stepfather, stepmother made a guardian, if eligible.
Article 83. Guardian between siblings, children 1. In the case of the UK, the siblings need to be guardians, siblings were adolescents have the capacity for civil acts of election agreement one of them are qualified to do.
2. When deciding on the issues relating to personal, property of juvenile children then, she is the child's guardian must consult the opinion of ones like and my opinion, if children from nine years old enough.
Article 84. Guardian between his paternal grandparents, grandparents and grandchildren-1. In case you need to be guardian that his paternal grandparents, his grandparents are eligible to do this the guardian election agreement one party made a guardian.
2. Am I eligible for a guardian to guardian for his paternal grandparents, his grandparents, if you don't have children to serve.
Chapter X the DIVORCE Article 85. The right to ask the Court to settle the divorce 1. Spouse or both have the right to ask the Court to settle the divorce.
2. In case the wife is pregnant or are raising children under twelve months of age, the husband does not have the right to ask for divorce.

   Article 86. K Sudheer encourages mediation in State and social basis to encourage mediation in the base when the spouse has requested a divorce. Mediation is done according to the provisions of the law on mediation in the base.
   Article 87.    Accepting the petition of divorce the Court accepting the petition for divorce under the provisions of the law on civil procedure.
 In the case of non-registration of marriage that would require divorce, the Court accepting the statement and do not recognize married relationships according to the provisions in clause 1 of article 11 of this Law; If there are requirements on the property and then settled according to the provisions in paragraph 2 and paragraph 3 article 17 of this law.
   Article 88.    Mediation in the courts after accepting the petition for divorce, the Court conducts conciliation in accordance with the law on civil procedure.
   Article 89. C feed just for divorce 1. The Court reviewed the request, if it deems the situation, public life can not last long, the purpose of marriage is not achieved then the Court decision for divorce.
2. In the case of spouses of the missing statement in court for divorce, the Court resolved to divorce.
   Article 90.    Pros divorces in cases of husband and wife in the same divorce requirements that mediation in court failed, if either party deems truly voluntary divorce and have the agreement on the Division of property, the caring, nurturing, care, child education, the positive recognition Court divorces and the agreement on the property and on the basis of ensuring the legitimate interests of the his wife and children; If there is agreement or agreement but does not guarantee the legitimate rights of the wife and son of the Court decision.
   Article 91.    Divorce at the request of a party When a Party requested spouse divorce mediation in the Court, the Court failed to consider, resolve the divorce.
   Article 92. V iệc look after, care, education, parenting after divorce 1. After the divorce, the wife, the husband still has the obligation to look after, care, parenting education, juvenile or minor disability, lost the capacity for civil acts, inability to work and don't have the assets to feed themselves.
People not directly raising children has the duty of parenting support.
2. Spouses who deal directly, the rights and obligations of each party after divorce for children; If no agreement is then the Court delivered the decision for a party directly feed the base on all aspects of child rights; If your child from nine years old to enough to consider the child's wishes.
In principle, children under the age of three were delivered to the parents directly, if the party has no other agreement.
   Article 93.    Change direct people raising children after divorce for the sake of the children, at the request of one or both parties, the Court may decide to change the child directly.
Changing direct people raising children after divorce is done in case the child does not directly guarantee the rights of every child's hand and have to count to the aspirations of the child, if the child from nine years old enough.
   Article 94. Visitation after divorce children after divorce, the person is not directly raising children has visitation rights to children; No one hinder that person make this right.
In the case of people not directly raising children abusing the visitation to hinder or bad influence to look after, care, education, parenting, then direct people raising children have the right to ask the Court to limit visitation, child of that person.
Article 95. The principle of Division of property upon divorce 1. The Division of property upon divorce by agreement of the parties; If no agreement is then asked the Court to resolve. The party's own assets owned by that party.
2. The Division of common property is resolved according to the following rules: a) General property of husband and wife in principle be divided, but consider the circumstances of each party, property status, the effort contributed by each side on the creation, development, maintenance of this property. Labour's spouse in the family is regarded as labor income;
b) protect the rights, legitimate interests of his wife, the juvenile or minor disability, lost the capacity for civil acts, inability to work and don't have the assets to feed themselves;
c) protect the legitimate interests of each party in the manufacturing, business and career to the conditional party labor continue to generate income;
d) married General property was subdivided in kind, or according to value; the party would receive part of the property in kind worth is greater than its part are entitled to payment for the other part, the difference in value.
3. The payment of the General obligation of property of the spouses by agreement of spouse; If no agreement is then asked the Court to resolve.
Article 96. Division of property in case of a husband and wife living with families that divorce 1. In the event the spouse living with the family that the divorce, if the couple's property in common of family property blocks are not identified, the wife or husband is divided into a part of the General assets of the family based on the overall contribution of the spouses on the creation , maintain common property blocks the development as well as on the overall life of the family. The separation of a part of the common property by the husband and wife agreed with the family; If no agreement is then asked the Court to resolve.
2. In the case of the spouse living with the family that the couple's property in common of family property blocks can be determined under section then the divorce, the property of the husband and wife are drawn from General property blocks with which to share them.
Article 97. Division of land use right of the spouse upon divorce 1. Private land use rights of the other party, when divorce still belong to that party.
2. The separation of land use of husband and wife when the divorce is done as follows: a) for agricultural land annual crops, aquaculture, if both parties are in demand and has direct land use conditions shall be divided by agreement of the two parties; If no agreement is then ask the Court to settle according to the provisions of article 95 of this Act.
In case only one party needs and has direct land use conditions, the party that continued in use but have to pay for the other part of the value of land use rights which they enjoy;
b) in the case of husband and wife have the right to use agricultural land in annual crops, aquaculture, with household then the divorce section of land use rights of the spouses are separated and divided as defined in point a of this paragraph;
c) for agricultural crops, forest land to afforestation, land shall be divided according to the provisions of article 95 of this Act;
d) the separation of the right of use for other soils are made according to the provisions of the law of the land and civil law.
3. In the case of spouses living with families that do not have the right to use land in common with the household then the divorce rights of parties does not have the right to use the land and not continue living with his family are settled according to the provisions of article 96 of this Act.
Article 98. Divided house owned in common by the spouses in the case of housing owned jointly by husband and wife can share them to use then the divorce are divided according to the provisions of article 95 of this Act; If not, the party continued to use the House to pay for the other part of the value that they enjoy.
Article 99. Resolve the rights of spouses upon divorce in the case of private-owned housing on one side

In the case of private-owned housing on one side has been put into general use, then the House that is still privately owned by the owner of the House, but have to pay the other party a valuable part of the House, based on the work of maintenance, upgrade, repair, home improvement.
Chapter XI FAMILY and MARRIAGE RELATIONS HAVE FOREIGN ELEMENTS to article 100. Protect the rights, legitimate interests of the parties to the marriage and family relations have foreign elements 1. In the Socialist Republic of Vietnam on marriage and family relations have foreign elements to be respected and protected in accordance with the provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam signed or joined.
2. in the marriage and family relations with Vietnam citizens, foreigners in Vietnam are entitled to the rights and obligations as citizens of Vietnam Vietnam law, except where otherwise stated.
3. State of the Socialist Republic of Vietnam, the rights protection of the legitimate interests of the population of Vietnam abroad in marriage and family relations in accordance with the law of Vietnam, the country's law, the law and international practices.
4. The provisions of this chapter also apply to marriage and family relations between citizens of Vietnam together that one side or both sides settled abroad.
Article 101. Applied foreign law with regard to marriage and family relations are the foreign elements in the case of this law, the laws of Vietnam have regulations or international treaties to which the Socialist Republic of Vietnam signed or joined the foreign law cited applies If the application that is not contrary to the principles set forth in this law.
In the case of foreign law reference back to Vietnam law shall apply the law on marriage and the family of Vietnam.
Article 102. Jurisdiction of the marriage and family with foreign elements 1. The people's Committee of the central cities, perform the registration of marriage, adoption and guardianship have foreign elements according to the provisions of this law and other provisions of the law of Vietnam.
The registration of the marriage, adoption, guardianship between Vietnam citizens reside in border areas of neighboring countries with citizens resident in the area along the border with Vietnam because of government regulations.
2. the diplomatic missions, Consulate of Vietnam abroad make the registration of marriages, solve the about adoption and custodianship of foreign elements according to the provisions of this law, the relevant provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam signed or joined If the registration, solve that not contrary to the laws of the country; have a responsibility to make the protection of the rights, legitimate interests of the population of Vietnam in relation to marriage and family with foreign elements.
3. the people's Court of the central cities, destroying the marriage is unlawful, the divorce settlement, the dispute on the rights and obligations of husband and wife, parent and child, the father, mother, children, adoption and custodianship of foreign elements, consider the recognition or non-recognition of judgments the decision on marriage and family of the Court or other competent authority of the foreign country according to the provisions of this law and other provisions of the law of Vietnam.
District people's Court, County, town, city in the province of residence of citizens of Vietnam to cancel the marriage is unlawful, the divorce settlement, the dispute on the rights and obligations of husband and wife, parent and child, the father, mother, children, adoption and guardianship between Vietnam citizens reside in border areas of neighboring countries with citizens the same residence in the area of the border with Vietnam, according to the provisions of this law and other provisions of the law of Vietnam.
Article 103. Married foreign element 1.  In the marriage between citizens of Vietnam with aliens, each party must comply with the laws of his country regarding the conditions of marriage; If the marriage was conducted at the competent State agencies of Vietnam, the foreigners have to abide by the provisions of this law on conditions of marriage.
The marriage between the alien together in Vietnam before the competent authorities of Vietnam have to comply with the provisions of this law on conditions of marriage.
2. Is strictly forbidden to use the marriage to have foreign elements to trafficking in women, sexual violations against women or for gain.
Article 104. Divorce has foreign elements 1. The divorce between Vietnam citizens with foreigners, between foreigners residing in Vietnam together are resolved according to the provisions of this law.
2. In the case of parties is not Vietnam citizens resident in Vietnam at the time the request for divorce, the divorce is resolved according to the laws of the country of residence of the spouses; If they do not have a permanent public place according to the law of Vietnam.
3. The resolution of the property is a property in foreign countries when divorce obey the law of the country where that property.
4. divorce decision, judgment of the Court or other competent agencies of foreign countries accredited in Vietnam under the provisions of the law of Vietnam.
Article 105. Adoption have foreign elements 1. Please accept the alien children to Vietnam or receive foreign children residing in Vietnam for adoption must comply with the provisions of this law and the provisions of the law of the country of which that person is a citizen on the condition get adoption.
The citizens of Vietnam getting children adopted by foreigners is already registered at the competent agencies of foreign countries shall be recognized in Vietnam.
Prohibited from taking advantage of the adoption to exploitative labor, sexual, purchase and sale of children or because other gain.
2. In the case of the adoption of foreign elements have been made in Vietnam, the rights and obligations between the adopted child and the adoptive parents, the termination of adoption is determined according to the provisions of this law.
In the case of the adoption between Vietnam citizens with foreigners are made in foreign countries, the rights and obligations between the adopted child and the adoptive parents, the termination of adoption is determined according to the law of the country of residence of the adopted child.
Article 106. Guardian in marriage and family relations have foreign elements 1. The guardian in marriage and family relations have foreign elements made in Vietnam, the guardian was registered at the diplomatic missions, Consulate of Vietnam in a foreign country must comply with the provisions of this law and other provisions of the law of Vietnam.
2. In the case of the guardian in marriage and family relations between Vietnam citizens with foreigners are made in foreign countries, the rights and obligations between the guardian and the guardian are to be determined according to the law of the country of residence of the guardian.
Chapter XII HANDLE VIOLATION of Article 107. Processed in violation of the law in relation to marriage and the family Who would violate the conditions of marriage; obstruct the lawful marriage; forged papers for marriage registration, register the adoption; violence, abuse, insult of honour, dignity, his grandmother, father, mother, wife, husband, son and other family members; taking advantage of the adoption to benefit the axis; do not perform the duty of support, the obligation of guardianship or other acts in violation of the law on marriage and the family, then, depending on the nature and extent of the violation that sanctioned administratively or prejudice criminal liability; If the damage compensation.

Article 108. Handling violates the law of the prerogatives, powers Who would abuse the position and powers to marriage registration, register the adoption, identify the father, mother, son, contrary to law; competence, infringement procedures for marriage registration, register the adoption; do not perform the request to protect the rights, legitimate interests of family members or other acts of abusing Office powers violate the law on marriage and the family, then, depending on the nature and extent of the violation being disciplined or suffer prejudice criminal liability; If the damage compensation.
Chapter XIII the TERMS OF IMPLEMENTATION of Article 109. Effect of this Law has effect from January 1, 2001.
This law replaced the law on marriage and family in 1986.
Ordinance on marriage and family among the population of Vietnam with alien on 02 December 1993 discontinued since January 1, 2001.
Article 110. Guiding the implementation of the Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of its powers, duties guiding the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam X key, session 7 through June 9, 2000.