03 Principles for Applying Customs in Marriage and Family

03 principles for applying marriage and family customs (Illustration)

Decree 126/2014/ND-CP stipulates that when applying customs in marriage and family, it is mandatory to comply with the following 03 principles:

- The custom applied must be a rule of conduct in accordance with the provisions of Clause 4, Article 3 of the Law on Marriage and Family.

- The application of customs must comply with the conditions specified in Article 7 of the Law on Marriage and Family.

- Respect the agreement of the parties on the applied customs.

In addition, the Decree also clearly stipulates the agreements and resolution of marriage and family cases applying customs as follows:

Agreement on applying customs:

- The provision that the parties do not have an agreement in Clause 1, Article 7 of the Law on Marriage and Family is understood that the parties have no agreement on applying customs and no other agreement on the matter that needs to be resolved.- In cases where the parties have an agreement on the customs to be applied, it should be resolved according to that agreement; if the parties have no agreement, it should be resolved according to the provisions in Article 4 of this Decree.

Resolution of marriage and family cases applying customs:

- In cases of resolving marriage and family matters that apply customs, mediation should be conducted under the law on grassroots mediation, encouraging the participation of reputable community members and religious dignitaries.- If mediation is unsuccessful or the marriage and family matter involving customs does not fall within the scope of grassroots mediation, the Court shall resolve the matter in accordance with civil procedural law.

Details can be found in Decree 126/2014/ND-CP, effective from February 15, 2015

Le Hai

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