Resolution 01/2024/NQ-HDTP guiding the application of certain legal provisions in the resolution of matters concerning marriage and family.
Resolution 01/2024/NQ-HDTP Guiding the Application of Certain Legal Provisions in Resolving Cases on Marriage and Family?
On May 16, 2024, the Council of Judges of the Supreme People's Court issued Resolution 01/2024/NQ-HDTP guiding the application of certain legal provisions in resolving cases on marriage and family.
Resolution 01/2024/NQ-HDTP guides the application of certain legal provisions in resolving cases on marriage and family including the following:
- Right to request divorce resolution specified in Clause 3 Article 51 of the Law on Marriage and Family 2014
- Consensual divorce specified in Article 55 of the Law on Marriage and Family 2014
- Unilateral divorce request specified in Clause 1 Article 56 of the Law on Marriage and Family 2014
- Asset division limitation between spouses in the event one party dies or is declared dead by the court as specified in Clause 3 Article 66 of the Law on Marriage and Family 2014
- Resolving child custody upon divorce specified in Article 81 of the Law on Marriage and Family 2014
- Obligation of child support specified in Clause 2 Article 82 of the Law on Marriage and Family 2014
- Restrictions on parental rights over minor children specified in Article 85 of the Law on Marriage and Family 2014
- Determining jurisdiction in resolving certain marriage and family cases
- Resolving divorce cases where the defendant is a Vietnamese overseas whose address is unknown
- Court fees in marriage and family case resolutions
Resolution 01/2024/NQ-HDTP Guiding the Application of Certain Legal Provisions in Resolving Cases on Marriage and Family?
Guidance on the Right to Request Divorce Resolution in Clause 3 Article 51 of the Law on Marriage and Family 2014?
Pursuant to Article 2 of Resolution 01/2024/NQ-HDTP, guidance on the right to request divorce resolution in Clause 3 Article 51 of the Law on Marriage and Family 2014 is provided as follows:
- "Being pregnant" stipulated in Clause 3 Article 51 of the Law on Marriage and Family 2014 means the time during which the wife is carrying a fetus confirmed by a competent medical authority until childbirth or the termination of pregnancy.
- “Childbirth” as stipulated in Clause 3 Article 51 of the Law on Marriage and Family 2014 includes the following cases:
+ The wife has given birth but does not raise the child from birth until the child is under 12 months old;
+ The wife gives birth but the child dies before reaching 12 months old from birth;
+ The wife reaches a pregnancy of 22 weeks or more but has to terminate it.
- The husband has no right to request the court to resolve the divorce within 12 months from the date the wife gives birth as guided in point a, point b Clause 2 Article 2 of Resolution 01/2024/NQ-HDTP or from the date of pregnancy termination as guided in point c Clause 2 Article 2 of Resolution 01/2024/NQ-HDTP.
- In cases where the wife is pregnant or giving birth, the husband has no right to request a divorce regardless of whose child the wife is carrying or giving birth to.
- In cases where the wife is raising a child under 12 months old, the husband has no right to request a divorce regardless of whether the child is biological or adopted.
- In cases of surrogate pregnancy for humanitarian purposes, the determination of the husband's right to request divorce resolution is as follows:
+ The husband of the surrogate mother has no right to request the court to resolve the divorce when the wife is pregnant, giving birth, or raising a child under 12 months old;
+ The husband of the intending parents has no right to request the court to resolve the divorce when the wife is raising a child under 12 months old or when the surrogate mother is pregnant, giving birth, or raising a child under 12 months old.
Guidance on Consensual Divorce in Article 55 of the Law on Marriage and Family 2014?
Pursuant to Article 3 of Resolution 01/2024/NQ-HDTP, guidance on consensual divorce in Article 55 of the Law on Marriage and Family 2014 is provided as follows:
- "Both spouses requesting a divorce" as stipulated in Article 55 of the Law on Marriage and Family 2014 refers to cases where both spouses sign the request for recognition of consensual divorce, agreement on child custody, and property division upon divorce, or one party files for divorce while the other agrees to divorce, agreeing on child custody and property division upon divorce.
- The agreement between the spouses on asset division, custody, care, education of the child must not violate any legal prohibitions and must not contravene social morals.
- The agreement between the spouses on asset division includes cases where the spouses do not request the court to resolve asset division.
- "Custody, care, and education of the child" as stipulated in Article 55 of the Law on Marriage and Family 2014 includes custody, care, and education of minor children, and adult children who lack legal capacity or are unable to work and do not have assets to support themselves.
Resolution 01/2024/NQ-HDTP comes into effect on July 1, 2024.
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