Circular No. 22/2013/TT-BTP dated December 31, 2013 of the Ministry of Justice detailing and guiding the implementation of some articles of the Decree No. 24/2013/ND-CP dated March 28, 2013 of the Government promulgating the implementation of some Articles of the Law on Marriage and Family on relations of marriage and family with foreign factors

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Circular No. 22/2013/TT-BTP dated December 31, 2013 of the Ministry of Justice detailing and guiding the implementation of some articles of the Decree No. 24/2013/ND-CP dated March 28, 2013 of the Government promulgating the implementation of some Articles of the Law on Marriage and Family on relations of marriage and family with foreign factors
Issuing body: Ministry of JusticeEffective date:
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Official number:22/2013/TT-BTPSigner:Dinh Trung Tung
Type:CircularExpiry date:
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Issuing date:31/12/2013Effect status:
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Fields:Marriage and family

SUMMARY

MARRIAGES AND FAMILIES INVOLVING FOREIGN ELEMENTS MUST GO TO THE CENTER FOR CONSULTANCY

On December 31, 2013, the Ministry of Justice issued the Circular No. 22/2013/TT-BTP detailing and guiding the implementation of some articles of the Decree No. 24/2013/ND-CP dated March 28, 2013 of the Government promulgating the implementation of some Articles of the Law on Marriage and Family on relations of marriage and family with foreign factors.

The Circular prescribes that in marriage between Vietnamese citizens with foreigners in the case that both parties differ 20 years old or more; foreigners get married for the third time or married and divorced with wives or husbands who are Vietnamese citizens; both parties do not understand well each other status of families or individuals; do not understand languages, customs, traditions, culture, laws on marriage and family of each country, it is required for them to go to the Center for being consulted or supported.

In the case that , a Vietnamese citizen is fluent in a foreign language used by the foreigner or the foreigner is fluent in Vietnamese, and results of the interview at the Department of Justice shows that both parties have an understanding of family and individual circumstances of each other, understanding of language, customs, traditions, culture, laws on marriage and family in each country, they do not have to additionally submit the Certificate of the Center.

In accordance with this Circular, the establishment of the Center for consultancy and support of marriage and family involving foreign elements must satisfy the conditions as the operation address of the Center may be independent with the address for opening courses of consultancy and support, but it must ensure the area, working facilities, in accordance with the practice of each locality; the Center must have at least 01 full-time consultant; in addition to it may use collaborators who are experts in the fields of language, culture – society or legislation to conduct consultancy and support.

This Circular takes effect on February 17, 2014.
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Effect status: Known

THE MINISTRY OF JUSTICE

Circular No. 22/2013/TT-BTP dated December 31, 2013 of the Ministry of Justice detailing and guiding the implementation of some articles of the Decree No. 24/2013/ND-CP dated March 28, 2013 of the Government promulgating the implementation of some Articles of the Law on Marriage and Family on relations of marriage and family with foreign factors
Pursuant to the Governments’ Decree No. 22/2013/ND-CP dated March 13, 2013 defining functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to the Government’s Decree No.24/2013/ND-CP dated March 28, 2013 detailing the implementation of a number of the Law on Marriage and Family on marriage and family relations involving foreign elements;
At the proposal of the Director of the Bureau of Marital status, Nationality and Authentication;
The Minister of Justice promulgates Circular detailing and guiding the implementation a number of articles of the Government’s Decree No. 24/2013/ND-CP dated March 28, 2013, detailing the implementation of a number of articles of the Law on Marriage and Family on marriage and family relations involving foreign elements,
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Circular details clause 3 of Article 7, clause 6 of Article 15 and guide the implementation of a number of articles of the Decree No. 24/2013/ND-CP dated March 28, 2013 detailing the implementation of a number of articles of the Law on Marriage and Family on marriage and family relations involving foreign elements (below collectively referred to as Decree No.24/2013/ND-CP)
2. Provisions of Decree No. 24/2013/ND-CP and this Circular shall be applied to the settlement of marriage, recognition of fathers, mothers or children, recording in the books the marriage, recording in the books the recognition of fathers, mothers and children between Vietnamese citizens who concurrently bear foreign nationality and Vietnamese citizens or foreigners; granting the written Certification of marital status to Vietnamese citizens residing in the country for their registration of marriages with foreigners at competent state agencies in foreign countries; organization and activities of the Center for consultancy, support of marriages and families involving foreign elements (below collectively preferred to as the Center).
3. Provisions of the Decree No.24/2013/ND-CP and this Circular shall not be applied to marriage, recognition of fathers, mothers and children among Vietnamese citizens executing official missions, working, studying, traveling with definite terms in foreign countries or with Vietnamese citizens residing in the country.
Article 2. Document’s valid time limit
The granted duration of less than 06 months of documents as prescribed in point b, point c of clause 1, Article 7 and point b, clause 1 of Article 27 of the Decree No. 24/2013/ND-CP shall be counted from the date of granting such documents until the date of submitting full and valid dossiers.
Article 3. Copies of marital status documents
After the settlement of marriage registration, recognition of fathers, mothers or children, if the involved persons require copies of Marriage Certificates, Decisions on accrediting the recognition of fathers, mothers and children, the Departments of Justice shall base on the Marriage Registers, the Registers for recognition of fathers, mothers and children to issue copies to involved persons; copies shall be signed by Directors of Departments of Justice or officials authorized by Directors and stamped on with official seals of the Departments of Justice.
Article 4. Termination of settling dossiers of marriage registration; recognition of fathers, mothers or children; granting Certificates on marriage status; recording in the registers for marriage, recognition of fathers, mothers and children which have been settled by foreign competent state agencies

The settlement of dossiers of marriage registration, recognition of fathers, mothers and children; issuance of certificates on marriage status; recording in the registers for marriage, recognition of fathers, mothers and children which have been settled by foreign competent state agencies shall be immediately terminated at the written request of one or both marriage parties; of the recognizers or the recognizers to be fathers, mothers or children; of persons who required to be issued with Certificates on marriage status, recording in the registers for the marriage, the recognition of fathers, mothers and children.

 

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