Article 39.- The right to marriage

Males and females who have fully met the conditions for marriage in accordance with the law on marriage and family shall have the right to marriage at their free will.

The freedom of marriage between persons belonging to different ethnicities and/or religions, between religious and non-religious persons and between Vietnamese citizens and foreigners shall be respected and protected by law.

Article 40.- The right to equality between husband and wife

Husband and wife are equal to each other, shall have the same rights and obligations in all respects in family and in civil relations and shall together build a plentiful, equitable, progressive, happy and lasting family.

Article 41.- The right to enjoy mutual care among family members

The members of a family shall have the right to enjoy mutual care and assistance in accordance with the fine moral traditions of the Vietnamese family.

Children and grandchildren who are minors shall benefit from the care and upbringing of the mother, father and grandparents; children and grand-children shall have the duty to respect, care for and support their parents and grandparents.

Article 42.- The right to divorce

A wife or husband or both the wife and the husband shall have the right to request the Court to solve their divorce.

Article 43.- The right to recognize or not to recognize a father, mother or child

1. A person who is not recognized as a father, mother or child of another person shall have the right to request a competent state agency to determine him/her as father, mother or child of that person.

2. A person who is recognized as a father, mother or child of another person shall have the right to request a competent state agency to determine him/her as not being father, mother or child of that person.

Article 44.- The right to adopt a child and the right to be accepted as an adoptive child

An individual's right to adopt a child and right to be accepted as an adoptive child shall be recognized and protected by law.

The adoption of a child and the process of being accepted as an adoptive child shall comply with the provisions of law.

Article 45.- The right to citizenship

An individual shall have the right to have a citizenship.

The recognition of, change to, the naturalization or relinquishment of the Vietnamese citizenship shall comply with the provisions of law on citizenship.

Article 46.- The inviolable right to place of residence

Individuals shall have the inviolable right to their places of residence.

The entry into the place of residence of a person must be consented by that person.

The search of a place of residence of a person shall be performed only in cases where it is so provided for by law and where there is a warrant from a competent state agency; the search must comply with the order and procedures specified by law.

Article 47.- The right to freedom of belief and religion

1. Individuals shall have the right to freedom of belief and religion, and to adhere to or not to adhere to a religion.

2. No one may infringe upon the freedom of belief and religion, or abuse beliefs or religions to infringe upon State interests, public interests or legitimate rights and interests of other persons.

Article 48.- The right to freedom of movement, freedom of residence

1. Individuals shall have the right to freedom of travel and freedom of residence.

2. An individual's freedom of travel and/or freedom of residence may be restricted only by decision of a competent state agency and in accordance with the order and procedures specified by law.

Article 49.- The right to work

Individuals shall have the right to work.

Every person shall have the right to work, the freedom to choose a job or occupation without being discriminated against on the ground of his/her ethnicity, sex, social status, belief or religion.

Article 50.- The right to freedom of business

Individuals' right to freedom of business shall be respected and protected by law.

Individuals shall have the right to choose the forms, areas and lines of business, to establish enterprises, to freely enter into contracts and hire labor, and other rights in accordance with the provisions of law.

Article 51.- The right to freedom of research, creation

1. Individuals shall have the right to freedom of scientific and technical research, inventions, innovations to improve techniques and rationalize production; the right to literary and art creation and critique, and to participation in other activities of research and/or creation.

2. The right to freedom of research and/or creation shall be respected and protected by law. No one shall have the right to hinder or restrict an individual's right to freedom of research and creation.

Section 3. PLACE OF RESIDENCE

Article 52.- Place of residence

1. The place of residence of an individual is the place where such person permanently lives.

2. In cases where it is impossible to identify an individual's place of residence as provided for in Clause 1 of this Article, his/her place of residence shall be the place where such person currently lives.

Article 53.- Place of residence of minors

1. The place of residence of a minor is the place of residence of his/her parents; if the parents have separate places of residence, the place of residence of the minor shall be the place of residence of the father or mother with whom the minor permanently lives.

2. A minor may have a place of residence separate from the place of residence of his/her father and mother, if it is so agreed by his/her parents or so provided for by law.

Article 54.- Place of residence of wards

1. The place of residence of a ward is the place of residence of his/her guardian.

2. A ward may have a place of residence separate from the place of residence of his/her guardian, if it is so agreed by the guardian or so provided for by law.

Article 55.- Place of residence of husband and wife

1. The place of residence of a husband and a wife is the place where the husband and the wife permanently live together.

2. A husband and a wife may have separate places of residence, if they so agree upon.

Article 56.- Place of residence of military personnel

1. The place of residence of military personnel currently performing his/her military obligations is the place where the military personnel's unit is stationed.

2. The place of residence of an army officer, professional military personnel, defense worker or official is the place where his/her unit is stationed, except in cases where he/she has a place of residence as specified in Clause 1, Article 52 of this Code.

Article 57.- Place of residence of persons performing itinerant occupations

The place of residence of a person performing an itinerant occupation on a ship, boat or other means for itinerant work is the place of registration of such ship, boat or means, except for cases where he/she has a place of residence specified in Clause 1, Article 52 of this Code.

Section 4. GUARDIANSHIP

Article 58.- Guardianship

1. Guardianship is a task whereby an individual or organization (hereinafter referred collectively to as guardian) is required by law or appointed to take care of and protect legitimate rights and interests of a minor or a person who has lost his/her civil act capacity (hereinafter referred collectively to as ward).

2. Wards include:

a/ Minors who have lost their mothers and fathers, whose parents are unidentifiable, or whose parents have both lost their civil act capacity or have had their capacity for civil acts restricted, whose parents have had their parental rights restricted by the Court, or whose parents are still alive but have no conditions to take care of and to educate such minors, and if their parents so request;

b/ Persons who have lost their civil act capacity.

3. Persons who are under full fifteen years old as provided for at Point a, Clause 2 of this Article and persons defined at Point b, Clause 2 of this Article must have guardians.

4. A person may be a guardian for more than one person, but a person may be a ward of only one guardian, except in cases where the guardian is his/her father, mother or grandfather, grand-mother as specified in Clause 2 of Article 61 or Clause 3 of Article 62 of this Code.

Article 59.- Supervision of guardianship

1. The next of kin of wards shall have the responsibility to appoint their representatives to supervise the guardianship in order to monitor, urge, inspect the guardians in the performance of their guardianship, consider and settle in time the guardians' proposals and/or petitions related to the guardianship.

The wards' next of kin are their spouses, parents, children; if none of these people is available, the wards' next of kin shall be their grandparents, siblings; if none of these persons is available, the wards' next of kin shall be their uncles and ants.

2. In cases where a ward has none of his/her next of kin or his/her next of kin cannot nominate any one to supervise the guardianship as provided for in Clause 1 of this Article, the People's Committee of the commune, ward, or district township where the guardian resides shall appoint a person to supervise the guardianship.

3. The persons who supervise the guardianship must be those who have full civil act capacity.

Article 60.- Requirements for individuals to be guardians

Persons who meet all of the following requirements may act as guardians:

1. Having full civil act capacity;

2. Having good virtues; being not examined for penal liability or having had their criminal records written off after having been sentenced for one of the crimes of intentionally infringing upon the life, health, honor, dignity or property of other persons;

3. Having necessary conditions to ensure the performance of the guardianship.

Article 61.- The natural guardian of a minor

The natural guardian of a minor who has lost both his/her mother and father, whose parents are unidentifiable, or whose parents have both lost their civil act capacity or have had their civil act capacity restricted, whose parents have had their parental rights restricted by the Court, or whose parents do not have conditions to take care of and to educate the minor, and if the parents so request, shall be determined as follows:

1. In cases where it is not otherwise agreed upon by the biological siblings, the eldest brother or sister shall be the guardian for his/her younger siblings who are minors; if the eldest brother or sister does not fully meet the conditions for being a guardian, the next eldest brother or sister shall be the guardian;

2. In cases where there are no biological siblings or where the biological siblings do not fully meet the requirements to be a guardian, the paternal grandfather, grandmother or the maternal grandfather, grandmother shall be the guardian; if none of these persons fully meet the conditions to be a guardian, the uncle or ant of that person shall be the guardian.