Circular No. 16/2010/TT-BTP dated October 08, 2010 of the Ministry of Justice guiding recording in the civil status book on divorces were conducted overseas

CIRCULAR

GUIDING RECORDING IN THE CIVIL STATUS BOOK ON DIVORCES WERE CONDUCTED OVERSEAS

Pursuant to the Law on Promulgation of Legal Documents No.17/2008/QH12 dated June 03, 2008 the National Assembly;
Pursuant to the Decree No.93/2008/ND-CP dated August 22, 2008 of the Government stipulatingthe functions, tasks, powers and organizational structure of the Ministry of Justice; 
To ensure the legitimate rights and interests of Vietnamese citizens and foreigner who has registered the marriage with a Vietnamese citizen at the competent agency of Vietnam and then divorced overseas; the Ministry of Justice guides temporarily recording in the civil status book on divorces were conducted overseas but there is no requirement to be enforced in Vietnam and there is no written request for the non- recognition in Vietnam as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Circular details the record in the civil status book of the divorce that was conducted overseas but has no requirement to be enforced in Vietnam and there is no written request for the non- recognition in Vietnam.

Article 2. Subjects of application

Subjects of application of this Circular are:

1. Vietnamese citizens.

2. Foreigner who has registered the marriage with a Vietnamese citizen at the competent agency of Vietnam and then divorced overseas.

Article 3. Principle of recording in the civil status book on divorces were conducted overseas

1. The judgments/decisions of divorce, divorce agreements or other documents recognizing the divorce which were granted by the foreign competent agencies but has no requirement to be enforced in Vietnam and there is no written request for the non- recognition in Vietnam, shall be recorded inthe civil status book according to the guidance of this Circular. 

2. The judgments/decisions of divorce, divorce agreements or other documents recognizing the divorce which were granted by the competent agencies of the countries that have signed judicial mutual assistance agreements with Vietnam on this matter shall be considered as the basis for the record in the civil status book of the divorce that was conducted overseas.

3. For the countries that have not signed the judicial mutual assistance agreements with Vietnam on this matter, after consulting opinions of the Ministry of Foreign Affairs, the Minister of Justice decides recording in the civil status book on divorces that were conducted overseas under the principle of reciprocity.

Article 4. The cases must be conducted the procedures of recording in the civil status book on divorces were conducted overseas

1. Vietnamese citizens have been divorced overseas, coming back to permanently reside in Vietnam.

2. The cases have been registered the marriage or recorded the marriage at the competent agencies of Vietnam, then divorced overseas.

3. The cases have the request for marriage in Vietnam and previously divorced overseas;

4. Other cases, if having request of applicants.

For the cases that have divorced many times, applicants must conduct procedures of marriage record only for the last time.

Article 5. Competence to record in the civil status book on divorces were conducted overseas

1. Departments of Justice of provinces and cities directly under the Central Government (hereinafter referred to as the Departments of Justice) that applicants have registered the marriage or recorded the previous marriage within the scope of such provinces and cities, shall conduct recording in the civil status book on divorces were conducted overseas.

The determination of the place of marriage or note of the previous marriage was based on the applicants’ declarations when carrying out procedures of divorce note.

2. In the case of overseas-based Vietnamese citizens coming back to permanently reside in Vietnam, having request for recording in the civil status book the divorce but the previous marriage had been registered at the oversea-based Vietnam representative office, the record in the civil status book on the divorce shall be conducted at the Department of Justice, where Vietnamese citizens permanently residing.

3. In the case Vietnamese citizens residing abroad, having requirement to record in the civil status book the divorce but the previous marriage had been registered at the oversea-based Vietnam representative office, then the record in the civil status book of the divorce shall be conducted at the Department of Justice, where Vietnamese citizens residing before going aboard if such record not intending for marriage purpose.

In case the record in the civil status book of the divorce intending marriage, the Department of Justice, where the parties filing for marriage registration is competent to record the divorce.

Chapter II

ORDERS AND PROCEDURES FOR HANDLING DOSSIERS REQUESTING FOR RECORDING IN CIVIL STATUS BOOK ON DIVORCE WAS CONDUCTED OVERSEAS

Article 6. Dossiers requesting for recording in civil status book on divorce was conducted overseas

1. Dossiers requesting for recording in the civil status book on divorce was conducted overseascomprise:

a) Declaration for recording in the civil status book the divorce that was conducted overseas (applicable to form issuing together with this Circular);

b) Copy of valid judgment/decision of divorce of a foreign court, a copy of valid divorce agreement recognized by a foreign court or other foreign competent agencies or copies of other documents issued by the competent agencies for recognition of the divorce;

c) Copy of identity card, passport or valid substitute papers to prove the identity of the petitioner;

d) A copy of household registration book to prove the competence of divorce notes under the guidance in clause 2 Article 5 of this Circular.

2. The above stated documents shall be made in 02 sets, sent by post or submitted directly to the competent Department of Justice referred to in Article 5 of this Circular. For foreign-language documents must be legalized by the consulate, translated into Vietnamese and certified in accordance with the law.

The proponents for the note may authorize to another person to exercise so. The authorization must be in writing and must be duly authenticated. If an authorized person is grandparents, parents, spouse, natural child, brother, sister of the authorizing person, such authorization shall not be required a writtenauthorization.

Article 7. Orders, procedures of recording in civil status book on divorce was conducted overseas

1. Within 03 working days after receiving complete and regular dossiers, the Department of Justice is responsible for sending official dispatch together with 01 set to the Ministry of Justice (Department of Judicial Administration) for giving opinions on the note conditions.

2. Within 07 working days since the date of receiving the proposal of the Department of Justice, Ministry of Justice reviews and considers the record in the civil status book of the divorce that was conducted overseas. If the judgment, decision of divorce, divorce agreement does not fall in the cases specified in Article 356 of the Civil Procedure Code and has no written request for non-recognition, the Ministry of Justice sends official dispatch to the competent Department of Justice to make the record in the civil status book of the divorce under the guidance in this Circular; if the condition is insufficient, the Ministry of Justice must return dossier to the Justice Department and explain clearly the reason in writing.

3. Within 03 working days since the date of receiving the official dispatch of the Ministry of Justice, Department of Justice makes​​the record in the civil status book and issues certificates of the record in the civil status book of the divorce that was conducted overseas to the applicants  (in form attached herewith). Where conditions are not sufficient to note, the competent agency must issue written reply and return dossiers to the applicants.

Article 8. The method to record in the civil status book on divorce was conducted overseas

1.The recording in the civil status book on divorce was conducted overseasis conducted as follows:

The divorce was recorded in the notes column of the previous marriage registration book. When recording in the book, the form of divorce document must be written clearly; number; day, month and year of the valid recognition of divorce; name of the Court or other competent agencies of foreign countries that recognized the divorce and number, date, month and year written in the official dispatch of the Ministry of Justice.

Where the applicant has previously registered their marriage at the district-level People s Committee or the commune-level People s Committee, after the notes, the Department of Justice takes responsibility for sending written notification to the district-level People s Committee or the commune-level People s Committee where the marriage was registered for the further notes in the civil status book accordance with the law on civil status.

In the case the applicant had previously registered their marriage in the overseas-based Vietnam representative agency, the notification shall be sent to such agency where registered the marriage, if a marriage registration book has been moved to archive in the Ministry of Foreign Affairs, the overseas-based Vietnam representative agency is responsible for further notification to the Ministry of Foreign Affairs to note in the marriage registration book archived in the Ministry of Foreign Affairs.

2. In case the applicant for recording in the civil status book the divorce but the previous marriage made in the overseas-based Vietnam representative agency and has not yet conducted to note the marriage, then the Department of Justice record concurrently two marriage times and divorce in the marriage registration book being used in the Department of Justice.

In the cases applicants have registered the marriage at the domestic Vietnam competent agencies, but the marriage registration books are not stored, then the record the divorce in the civil status book is also done under the guidance in Clause 2 of this Article.

Chapter III

IMPLEMENTATION PROVISIONS

Article 9. Effect of Circular

This Circular takes effect on December 01, 2010.

Article 10. Implementation organization

During the course of implementation, if any new matters, obstacles arise, Departments of Justice, relative agencies need to report promptly to the Ministry of Justice for guidance./.