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The Marriage and Family Law is a familiar legal document used frequently in our lives. To have a comprehensive overview of this law, please continue reading the following article.
The latest Marriage and Family Law: Structure, Content, Instructional Documents
1. Latest Marriage and Family Law.
2. Latest Violations of Marriage and Family Law.
* Abbreviations:
- MN&FD: Marriage and Family.
* Download the Latest Marriage and Family Law HERE
1. Latest Marriage and Family Law
- Currently, The Marriage and Family Law enacted in 2014 (Law No: 52/2014/QH13) is the latest and in effect. This law has been in effect since January 01, 2015.
Previously, it was the Marriage and Family Law of 2000, which expired on January 01, 2015.
- The law consists of 133 articles across 09 chapters.
- Regulatory scope: MN&FD regime; legal standards for the conduct among family members; responsibilities of individuals, organizations, the State, and society in establishing, consolidating the MN&FD regime.
Specifically, common issues to be understood include: marriage, divorce, rights and obligations among family members, determination of parentage, child support, etc.
- The 05 fundamental principles of the marriage and family regime are as follows:
+ Voluntary marriage, progress, monogamy, equality between spouses.
+ Marriage between Vietnamese citizens of different ethnicities, religions, between religious and non-religious individuals, between believers and non-believers, between Vietnamese citizens and foreigners is respected and protected by law.
+ Building warm, progressive, and happy families; family members have the obligation to respect, care for, support, and help each other; no discrimination among children.
+ The state, society, and families are responsible for protecting and supporting children, the elderly, and persons with disabilities in exercising their rights regarding marriage and family; assisting mothers in fulfilling their noble function as mothers; implementing family planning.
+ Inheriting and promoting the fine cultural and ethical traditions of the Vietnamese people regarding marriage and family.
When does the 2014 Marriage and Family Law take effect? Explore the target audience, regulatory scope, and structure of the latest Marriage and Family Law.
2. Latest Violations of Marriage and Family Law
* According to Article 15 of the 2014 Marriage and Family Law , the following behaviors are identified as violations of the marriage and family regime:
- Fake marriage, fake divorce;
- Forced marriage, coerced marriage, deceitful marriage, obstructing marriage;
- A person who is already married living as spouses with someone else, or unmarried living as spouses with someone who is already married, or unmarried living as spouses with someone who is unmarried but living as spouses with another person who is married;
- Marriage or living as spouses among individuals of the same bloodline; among individuals with the same surname within three generations; between foster parents and foster children; between former foster parents and foster children, stepfather and stepdaughter, stepmother and stepson, stepfather and stepdaughter-in-law, stepmother and stepson-in-law, stepmother and stepson of husband, stepfather and stepdaughter of wife;
- Demanding assets in marriage;
- Coercing divorce, deceiving divorce, obstructing divorce;
- Engaging in surrogacy for commercial purposes, commercial surrogacy, gender selection of the fetus, artificial reproduction;
- Domestic violence;
- Exploiting the exercise of marriage and family rights for human trafficking, labor exploitation, sexual abuse, or other acts for profit.
* For these violations, the law also specifies the administrative penalties in Decree 82/2020/NĐ-CP.
- According to Article 58 of Decree 82, the act of coercing marriage, organizing coerced marriage is penalized as follows:
+ Organizing marriage for individuals under the legal marriage age: fined 1 million - 3 million VND.
+ Maintaining illegal marital relationships with individuals under the legal marriage age despite having a court judgment or effective decision: fined 3 million - 5 million VND.
- Violating the monogamous marriage regime
+ Fined 3 million - 5 million VND: being married to someone else while already having a spouse, marrying someone while knowing they already have a spouse; living as spouses with someone else while already having a spouse;...
+ Fined 10 million - 20 million VND: Marrying or living as spouses among individuals of the same bloodline or with the same surname within 03 generations; marrying/living as spouses between foster parents and foster children; coercing marriage or deceiving marriage; coercing divorce or deceiving divorce;...
- And many other violations are stipulated in Decree 82/2020/NĐ-CP.
Above is some information about the latest Marriage and Family Law that we have compiled and shared with our readers. The provisions of the Marriage and Family Law have been issued for a long time but still ensure practicality and suitability for application. Readers can also refer to other legal documents such as the Citizenship Law, Budget Law, Military Service Law, ... for more information.
