VietnameseCircular 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
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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
| Issuing body: | Ministry of Justice | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 16/2010/TT-BTP | Signer: | Dinh Trung Tung |
| Type: | Circular | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 08/10/2010 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Justice , Marriage and family |
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Effect status: Known
THE MINISTRY OF JUSTICE ------- | SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom - Happiness --------- |
No.: 16/2010/TT-BTP | Hanoi, October 08, 2010 |
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 stipulating the 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:
Pursuant to the Decree No.93/2008/ND-CP dated August 22, 2008 of the Government stipulating the 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.
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