When to apply marriage and family practices? What are the regulations on the application of marriage and family practices in Vietnam? – Manh Cuong (Binh Duong, Vietnam)
Article table of contents
Regulations on the application of marriage and family practices in Vietnam (Internet image)
1. When to apply marriage and family practices?
According to Clause 1, Article 7 of the Law on Marriage and Family 2014, for cases not prescribed by law or not agreed by involved parties, fine practices which embody the identity of each nationality, are not contrary to the principles prescribed in Article 2 of the Law on Marriage and Family 2014, and do not involve prohibited acts prescribed in the Law on Marriage and Family 2014, may apply.
2. Principles of application of marriage and family practices in Vietnam
- Applicable practices must be rules of conduct compliant with Clause 4, Article 3 of the Law on Marriage and Family 2014.
- The application of practices must satisfy the conditions prescribed in Article 7 of the Law on Marriage and Family 2014.
- Involved parties’ agreement on applicable practices shall be respected.
3. Agreement on applicable marriage and family practices in Vietnam
- The provision of Clause 1, Article 7 of the Law on Marriage and Family 2014 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 126/2014/ND-CP.
4. Settlement of marriage and family cases and matters applying practices in Vietnam
- 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.
5. Advocacy and mobilization for application of marriage and family practices in Vietnam
- Related ministries and sectors and People’s Committees at all levels shall coordinate with the Vietnam Fatherland Front in working out and implementing the following policies and measures:
+ To create conditions for the people to implement the law on marriage and family; to uphold fine traditions and practices which show the identity of each ethnic group, to eliminate backward marriage and family practices;
+ To increase public information on the law on marriage and family; to mobilize the people to uphold fine traditions and practices and eliminate backward marriage and family practices;
+ To educate young generations about preserving and developing the language and script, and promote the cultural values of fine practices, of each ethnic group.
- Backward marriage and family practice means a practice which contravenes the fundamental principles of the marriage and family regime prescribed in Article 2 of the Law on Marriage and Family 2014 or violates Clause 2, Article 5 of the Law on Marriage and Family 2014.
Promulgated together with Decree 126/2014/ND-CP is the list of backward marriage and family practices which should be eliminated through mobilization or banned from application.
5. Responsibility for making lists of applicable marriage and family practices in Vietnam
- Within 3 years after the effective date of this Decree, provincial-level People’s Committees shall make and submit to provincial-level People’s Councils lists of marriage and family practices applicable in their localities.
- On the basis of the practical application of marriage and family practices in their localities, provincial-level People’s Committees shall propose provincial-level People’s Councils to modify and supplement the promulgated lists of practices.
(Articles 2 – 6 of Decree 126/2014/ND-CP)
Diem My
