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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