Vietnam: Guidelines for settlement of marriage and family cases and matters applying practices

Currently, the provision of Clause 1, Article 7 of the Law on Marriage and Family of Vietnam that involved parties have no agreement shall be construed as involved parties neither reach agreement on application of practices nor reach other agreements on the case or matter to be settled. In case involved parties reach agreement on applicable practices, the settlement of the case or matter must comply with such agreement. In case involved parties reach no agreement, the settlement must comply with Article 4 of Decree No. 126/2014/ND-CP of Vietnam’s Government.

Decree No. 126/2014/ND-CP guides the settlement of marriage and family cases and matters applying practices as follows:

- For settlement of a marriage and family case or matter applying practices, conciliation shall be conducted in accordance with the law on grassroots conciliation. Prestigious persons in the community or religious dignitaries shall be encouraged to participate in the conciliation.

- In case the conciliation fails or the marriage and family case or matter applying practices falls outside the scope of grassroots conciliation, a court shall settle that case or matter in accordance with the law on civil procedure.

Thus, in case the conciliation fails or the marriage and family case or matter applying practices falls outside the scope of grassroots conciliation, a court shall settle that case or matter in accordance with the law on civil procedure.

View other provisions at Decree No. 126/2014/ND-CP of Vietnam’s Government, effective from February 15, 2015.

Thu Ba

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