Decree No. 126/2014/ND-CP dated December 31, 2014 of the Government detailing a number of articles and measures for implementation of the Law on Marriage and Family

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ATTRIBUTE

Decree No. 126/2014/ND-CP dated December 31, 2014 of the Government detailing a number of articles and measures for implementation of the Law on Marriage and Family
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Official number:126/2014/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:Updating
Issuing date:31/12/2014Effect status:
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Fields:Marriage and family

SUMMARY

LOTTERY PRIZES ARE THE LAWFUL INCOMES OF HUSBAND AND WIFE IN THE MARRIAGE PERIOD

On December 31, 2014, the Government issued the Decree No. 126/2014/ND-CP detailing a number of articles and measures for implementation of the Law on Marriage and Family, within that, one of the important contents is the regulations on lawful incomes of husband and wife in the marriage period.

Accordingly, the economic right to intellectual property objects as prescribed by the law on intellectual property; property under the separate ownership of a spouse according to the judgment or decision of a court or another competent agency; allowance or incentives receivable by a spouse as prescribed by the law on preferential treatment toward persons with meritorious services to the revolution; other property rights associated with the personal identification of a spouse are the separate property of husband and wife.

Also in accordance with this Decree, bonuses, lottery prizes and allowances are lawful incomes of husband and wife in the marriage period (except for allowance or incentives receivable by a spouse as prescribed by the law on preferential treatment toward persons with meritorious services to the revolution; other property rights associated with the personal identification of a spouse). Common property of husband and wife subject to registration under Article 34 of the Law on Marriage and Family includes land use rights and other property for which use or ownership registration is required by law. For common property of husband and wife which has been registered under the name of a spouse, the other spouse is entitled to request a competent agency to grant a new certificate of ownership or land use rights in which both spouses are named. In case common property is divided in the marriage period and both spouses are named in the certificate of ownership or land use rights, the spouse who receives the divided property in kind is entitled to request the property registration agency to re-grant a certificate of ownership or land use rights on the basis of the spouses’ written agreement or the court decision on division of common property.

Besides, the Decree also regulates in details backward marriage and family practices which must be banned from application such as polygamy; marriage between people of the same direct line of descent, between relatives within three generations; asking for high wedding presents of commercial nature (asking for silver, cash, dowries, buffaloes, cows, gongs… as wedding offerings). Getting married before the ages; marriage registration is not carried out by competent state agencies; forcing marriages due to physiognomy and astronomy reading and superstition; obstructing marriages due to ethnic and religious differences; prohibiting marriages between relatives of the fourth generation on; forcing the son-in-law to stay matrilocally to work for his parents-in-law after the marriage if his family has no money for wedding and no wedding presents are also the backward marriage and family practices needed to be banned.

This Decree takes effect on February 15, 2015.
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Effect status: Known

THE GOVERNMENT

 
No. 126/2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
 
Hanoi, December 31, 2014
 
 
DECREE
Detailing a number of articles and measures for implementation of the Law on Marriage and Family[1]
 
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 19, 2014 Law on Marriage and Family;
At the proposal of the Minister of Justice,
The Government promulgates the Decree detailing a number of articles and measures for implementation of the Law on Marriage and Family.
 
Chapter I
SCOPE OF REGULATION AND APPLICATION OF MARRIAGE AND FAMILY PRACTICES
 
Article1. Scope of regulation
This Decree prescribes in detail the application of marriage and family practices, the matrimonial property regime, settlement of marriage and family matters involving foreign elements and a number of measures to implement the Law on Marriage and Family.
Article2. Principles of application of practices
1. Applicable practices must be rules of conduct compliant with Clause 4, Article 3 of the Law on Marriage and Family.
2. The application of practices must satisfy the conditions prescribed in Article 7 of the Law on Marriage and Family.
3. Involved parties’ agreement on applicable practices shall be respected.
Article3. Agreement on applicable practices
1. The provision of Clause 1, Article 7 of the Law on Marriage and Family 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.
2. 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 this Decree.
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[1] Công Báo Nos 71-72 (18/1/2015)
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