Marriage and Family Law, 1959
From: Caroline GRILLOT
Date: Tue, Oct 6, 2009 at 6:51 PM
Dear List,
Does anybody knows when exactly was adopted the 1959 first "Marriage and Family Law" in Vietnam.
As I understood, a similar law was first adopted in South Vietnam in 1958.
Any accurate detailes concerning the passing and promulgation of these two laws will be very much appreciated.
Thank you!
Caroline Grillot
Ph.D. candidate
Department of Anthropology
Macquarie University
Sydney - Australia
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From: Sidel, Mark
Date: Wed, Oct 7, 2009 at 2:32 AM
That Marriage and Family Law was adopted on 29 December 1959 and went into effect on 13 January 1960.
See the official text at the Ministry of Justice legal database here: http://vbqppl2.moj.gov.vn/law/vi/1951_to_1960/1959/195912/, or National Assembly site, http://www.na.gov.vn/sach_qh/vkqhtoantap_1/nam1959/1959_18.html, or an alternate (provincial) site that mirrors the MOJ site and usually works when the MOJ site is being updated or is busy: http://laws.dongnai.gov.vn/1951_to_1960/1959/195912/196001130002. The date of effect (promulgation date) is mentioned in the Supreme Court benchbook: http://www.sotaythamphan.gov.vn/detail.php?indexID=359&hidEvent=View&hidLang=en.
Other DRV and SRV marriage and family legislation up to the present (including later laws in 1986 and 2000) is at the MOJ and mirror site as well -- but not, of course, southern marriage and family legislation before 1975, on which I have very little information. There is an earlier, short VSG string with some information on these issues at http://www.lib.washington.edu/southeastasia/vsg/elist_2006/1959%20Marriage%20&%20the%20Family%20Law.html, on which Ta Van Tai and others mention some sources on both the northern and southern laws.
Both for historical reasons and because of increasing interest in southern law these days from academics and policymakers in Vietnam (a fascinating development), it would be very useful to have the major southern legislation up on the web in an easily accessible form in Vietnamese (along with whatever official English translations are available).
Mark Sidel
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From: "Hung Thai"
Hi Caroline! Here is an article that dissects that decree.
Steven Wisensale. "Marriage and Family Law in a Changing Vietnam."Journal of Family Issues, Vol. 20 No. 5, September 1999, 602-619.
Hung