VietnameseDecree No. 184-CP dated November 30, 1994 of the Government stipulating the procedure of marriage, adoption of out-of- wedlock children, adoption of children, and tutorship of children between vietnamese citizens and foreigners
ATTRIBUTE
Decree No. 184-CP dated November 30, 1994 of the Government stipulating the procedure of marriage, adoption of out-of- wedlock children, adoption of children, and tutorship of children between vietnamese citizens and foreigners
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 184-CP | Signer: | Phan Van Khai |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 30/11/1994 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Marriage and family |
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THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
No: 184-CP | Hanoi, November 30, 1994 |
DECREE
STIPULATING THE PROCEDURE OF MARRIAGE, ADOPTION OF OUT-OF- WEDLOCK CHILDREN, ADOPTION OF CHILDREN, AND TUTORSHIP OF CHILDREN BETWEEN VIETNAMESE CITIZENS AND FOREIGNERS
THE GOVERNMENT
Pursuant to the Law on Organization of the Government on the 30th of September 1992;
Pursuant to the Law on marriage and the Family in 1986;
In order to provide details for the implementation of some provisions of the Ordinance on Marriage and Family Relationship between Vietnamese Citizens and Foreigners;
At the proposal of the Minister of Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree defines the procedures for registration and recognition of marriage, recognition of the adoption of children by parents, registration and recognition of out-of-wedlock adoption of children, and recognition of tutorship of children between Vietnamese citizens and foreigners.
Article 2.- The Ministry of Justice, exercising State management of marriage, adoption of out-of-wedlock Children, adoption and tutorship of children between Vietnamese citizens and foreigners, has following tasks and powers:
a/ Directing and guiding the Juridical Service, the Diplomatic Representations and Consulates of Vietnam in foreign countries (hereunder referred to as diplomatic and consular offices) in implementing the law and procedures of population registration;
b/ Cooperating with the Ministry of Foreign Affairs and other ministries and branches concerned in protecting the legitimate rights and interests of Vietnamese citizens, particularly those of Vietnamese children who are adopted by foreigners and reside in foreign countries;
c/ Issuing paper forms and household population registers, and exercising unified control of their printing and distribution;
d/ Inspecting and supervising the implementation of laws and settling in their capacity the related complaints and denunciations;
e/ Furthering international relations in this field.
Article 3.- The Ministry of Foreign Affairs and the Ministry of Interior shall have to direct and guide their affiliated agencies in implementing the tasks and powers stipulated by the Decree.
Article 4.-
1. The People's Committees of provinces and cities directly under the Central Government (hereunder deferred to as provincial People's Committees) where Vietnamese citizens reside, are authorized to settle the registration and recognition of marriage, recognition of the adoption of out-of-wedlock children by parents, registration and recognition of adoptions, and recognition of tutorships between Vietnamese citizens and foreigners.
The Juridical Service shall receive the dossier, and in cooperation with the Security Service of the same level (hereunder referred to as Security Service), check the dossier and submit its suggestion to the provincial People�s Committee for decision.
2. The diplomatic or consular office in the locality where Vietnamese citizens reside is authorized to settle the registration of marriage, registration of adoptions, and recognition of tutorships in a foreign country between Vietnamese residents and foreigners.
Article 5.- The papers, issued by the authorized agency or certified by the notary public of a foreign country concerning the marriage and family relationship between Vietnamese citizens and foreigners, must be legalized by the diplomatic or consular office or the Ministry of Foreign Affairs of Vietnam in accordance with Vietnam�s laws.
The papers written in a foreign language must be translated into Vietnamese, and the translated version must be legalized by the consulate or certified by Vietnam�s notary public.
Article 6.- Those who wish to have their marriage registered and recognized, to adopt out-of-wedlock children, and to have their adoption of children registered and recognized in accordance with this Decree, must pay a fee.
The rates of the fee, the management and use of fees shall be decided by the Minister of Finance and the Minister of Justice.
Chapter II
PROCEDURE OF REGISTERING AND RECOGNIZING MARRIAGE
Article 7.-
1. In registering their marriage, each side must fill in an application for marriage according to the set form.
Enclosed with the application are the following papers:
a/ A copy of the birth certificate;
b/ A certificate not more than 3 months old of the authorized agency of the country of which the applicant is a citizen, certifying that the concerned person is single;
c/ A certificate not more than 3 months old of a medical organization that the concerned person is not mentally ill, or if he/she is, he/she is still conscious of his/her act, that the concerned person is not infected with a venereal disease or HIV.
2. With regard to foreigners, in addition to the papers mentioned at Point 1 of this Article, they must have a paper certifying that they are fully qualified for marriage and that their marrying a Vietnamese citizen is recognized by their country s law; if the law of the concerned country has a close allowing its citizens to marry foreigners, then the paper must be marked with "Granted".
3. In case the concerned Vietnamese citizen is serving in the armed forces or working in a branch related to national secrets, in addition to the papers mentioned at Point 1 of this Article, he/she must also submit a certificate of his/her controlling organization at the central or provincial level, that his/her marriage with a foreigner does not affect the keeping of national secrets or is not at variance with the regulations of that service.
Article 8.- The papers mentioned at Article 7 of this Decree must be done in two sets and submitted to the Juridical Service if the marriage is organized in Vietnam; or to the diplomatic or consular office if the marriage is organized in a foreign country.
Article 9.- Within 60 days after receiving the dossier, the provincial People�s Committee, the diplomatic or consular office must decide whether or not to register the marriage; if further verification is needed, the time limit may be extended but by not more than 30 days.
In case they refuse to register the marriage, the provincial People’s Committee, the diplomatic or consular office must notify in writing the concerned person of their refusal.
Article 10.- The order in registering a marriage in Vietnam is as follows:
1. After receiving the dossier and fee, the Juridical Service in cooperation with the Security Service, shall check the dossier.
2. Within 30 days after receiving an official request from the Juridical Service, the Security Service must give its answer in writing; if further verification is needed, the time-limit may be extended but by not more than 15 days.
3. After receiving the written answer from the Security Service, the Juridical Service shall make its suggestion to the provincial People’s Committee for decision.
4. If the concerned person is judged qualified for the marriage, the President of the provincial People�s Committee shall sign the marriage certificate.
5. Within 7 days after signing the marriage certificate, the Juridical Service shall deliver the marriage certificate to the person concerned and register it in the Marriage Register unless otherwise requested by the person concerned about the time limit.
Both sides must be presented and produce their passport and ID card, or other valid papers as substitutes.
Article 11.- The order in registering a marriage at the diplomatic or consular office is as follows:
1. After receiving the dossier and fee, the diplomatic or consular office shall check the dossier, and if necessary, discuss with the offices concerned in Vietnam.
2. Within 30 days after receiving the official request from the diplomatic or consular office, the offices concerned at home must give their answer in writing; if further verification is needed, the time limit may be extended but by not more than 15 days.
3. If the person concerned is judged qualified for the marriage and the registration of the marriage is not at variance with the laws of the receiving country, the Head of the diplomatic or consular office shall sign the marriage certificate.
4. Within 7 days after signing the marriage certificate, the diplomatic or consular office shall deliver the marriage certificate to the person concerned and register it in the Marriage Register unless otherwise requested by the person concerned about the time-limit.
Both sides must be presented and produced their passports, or other valid papers as substitutes.
Article 12.-
1. For the marriage of a Vietnamese citizen and a foreigner which has already been organized at the authorized institution of a foreign country, to be recognized in Vietnam, the person concerned residing in Vietnam must fill in an application according to the set form and send it to the provincial People�s Committee.
The application must be enclosed with the marriage certificate.
These papers must be done in two sets and sent to the Juridical Service.
2. Within 30 days after receiving the dossier and fee, the Juridical Service shall check the dossier and give its suggestion to the provincial People�s Committee for decision.
3. In registering his/her marriage, if the Vietnamese citizen does not violate Article 5, 6 and 7 of the Law on Marriage and the Family of Vietnam and the recognition of the marriage is not at variance with the basic principles of the Law on marriage and the Family of Vietnam, then the President of the provincial People�s Committee shall sign the decision of recognition.
4. Within 7 days after signing the decision, the Juridical Service shall deliver the decision to the person concerned and register it in the marriage Register unless otherwise requested by the person concerned about the time limit.
Chapter III
PROCEDURE OF RECOGNIZING THE ADOPTION OF OUT-OF-WEDLOCK CHILDREN BY PARENTS
Article 13.-
1. A foreigner applying for the adoption of an out-of-wedlock child who is a Vietnamese citizen residing in Vietnam, a Vietnamese citizen applying for the adoption of an out-of-wedlock child who is a foreigner residing in Vietnam, must send his/her application to the provincial People’s Committee in the locality where the child resides.
Enclosed with the application are the necessary papers proving their parental or maternal relationship.
2. The papers mentioned a Point 1 of this Article must be done in two sets and sent to the Juridical Service.
Article 14.-
1. Within 60 days after receiving the dossier, the provincial People�s Committee shall decide whether or not to recognize the adoption of an out-of-wedlock child by the parents; if further examination is needed, the time-limit may be extended but by not more than 30 days.
2. While the application is being considered, if a dispute arises over the adoption of the out-of-wedlock child outside its jurisdiction, the provincial People�s Committee shall suspend the consideration and notify the person concerned.
Article 15.- The order in recognizing the adoption of an out-of-wedlock child by parents is as follows:
1. After receiving the full dossier and the fee, the Juridical Service shall put on public notice at its office the necessary information concerning the request of the person concerned, check the dossier, and give its suggestion to the provincial People� s Committee for decision.
2. The President of the provincial People�s Committee shall consult the juridical Service, and if it is found to have the necessary legal basis, shall sign the decision recognizing the adoption of the out-of-wedlock child by the parents.
3. Within 7 days after signing the decision of recognition, the Juridical Service shall deliver the decision of recognition to the persons concerned and notify the People�s Committee of the village, ward or township which has registered the child s birth to enter it into the Birth Register, unless otherwise requested by the person concerned about the time-limit.
Chapter IV
PROCEDURE FOR REGISTERING AND RECOGNIZING CHILD ADOPTIONS
Article 16.-
1. A foreigner wishing to adopt a Vietnamese child residing in Vietnam must file an application in accordance with the set form and send it to the provincial People's Committee.
If the applicant is married, his/her application must have the consents of his/her spouse.
2. Enclosed with the application are the following papers:
a/ A copy of the birth certificate, or passport, or another valid paper of the applicant as substitute.
b/ A certificate not more than 6 months old of the authorized State institution of the country of which the applicant is a citizen, that the person concerned is quantified to bring up an adoptive child in accordance with the laws of that country, and that the adoption of Vietnamese children is recognized by that country;
c/ A certificate not more than 6 months old of a medical organization that the person concerned is in good health and not affected with mental or contagious diseases;
d/ A certificate not more than 6 months old that the person concerned has an annual income enough to ensure the bringing up of the adoptive child.
e/ A guarantee made in accordance with the set form certifying that every year he/she shall report to the Ministry of Justice, and also to the provincial People's Committee or the diplomatic or consular office which has issued the decision for the adoption of the child, on the growth process of the child until he/she is 18 years old; this report must be verified by the authorized agency of the country where the adoptive child resides;
f/ A copy of the birth certificate of the child to be adopted;
g/ A writ from the child s parents or tutor certifying that they agree to let the child be adopted by the foreigner concerned; in case the child has no parents or tutor, the person who directly brings up the child must give hi/her consent in writing; if the child is living at a child care center, the Head of the center must give his/her consent in writing.
With regard to children 9 years old and above, they must personally give their consent in writing to their adoption by a foreigner.
3. In case of the adoption of a baby abandoned at a medical institution, the papers mentioned at Point g in Item 2 of this Article, shall be replaced by a written consent of the Head of that medical institution.
Article 17.-
1. The papers mentioned at Article 16 of this Decree must be done in two sets and sent to the Juridical Service.
2. In submitting his/her dossier, the foreigner concerned must produce his/her passport or another valid paper as substitute.
Article 18.- Within 60 days after receiving the dossier, the provincial People's Committee shall decide whether or not to permit the foreigner concerned to adopt the child; it further verification is needed, the time-limit may be extended but by not more than 30 days.
If it refuses, the provincial People's Committee must notify the person concerned of the refusal in writing.
Article 19.- The order in settling the adoption of Vietnamese children in Vietnam by foreigners is as follows:
1. After receiving the dossier and fee, the Juridical Service in cooperation with the Security Service shall check the dossier.
2. Within 30 days after receiving the official request from the Juridical Service, the Security Service must give its answer in writing; it further verification is needed, the time-limit may be extended but by not more than 15 days.
3. After receiving the written answer from the Security Service, the Juridical Service shall give its suggestion to the provincial People� s Committee for decision.
4. If the applicant is judged qualified to bring up an adoptive child and the adoption is beneficial to the child, the President of the provincial People�s Committee shall sign a decision allowing the foreigner concerned to adopt the child.
5. The Juridical Service shall proceed with the delivery of the child within 7 days from the date the decision is signed allowing the adoption by the foreigner, unless otherwise requested by the applicant about the time limit, but the extension shall not exceed 3 months.
Article 20.- The delivery and taking delivery of the adoptive child shall take place at the Juridical Service in the presence of the representative of the Juridical Service, the adoptive parent, the adoptive child, his(her) parents or their legal representative.
At the delivery, the representative of the Juridical Service shall hand over the decision to the adoptive parent and record it in the Register of Adoptions.
The delivery and taking delivery of the adoptive child must be recorded in an official document according to the prescribed form.
Article 21.-
1. A foreigner who applies to adopt a Vietnamese child living in a foreign country shall file an application according to the prescribed form and send it to the diplomatic or consular office of Vietnam in his/her country.
The application, the attached papers and the procedures of filing the dossier shall comply with prescriptions at Article 16 and Article 17 of this Decree.
2. Within 90 days after receiving the full dossier and the fee, the diplomatic or consular office shall decide whether or not to accept the application. The time for consideration may be extended if further verification is needed, but by not more than 30 days.
In case of refusal, the diplomatic or consular office shall notify in writing the concerned person.
Article 22.- The order in settling the adoption of a Vietnamese child by a foreigner shall proceed as follows:
1. After receiving the full dossier and fee, the diplomatic or consular office shall check the dossier. If it decides that the applicant meets the conditions for adopting the child, that adoption is beneficial to the child and the adoption does not contravene the law of the receiving country, it shall make suggestion in writing to the Ministry of Justice for consideration.
2. Within 30 days after receiving the proposal of the diplomatic or consular office, the Ministry of Justice shall make a written reply. This time-limit may be extended if further verification is needed but by not more than 15 days.
3. After receiving the written approval of the Ministry of Justice, the Head of the diplomatic or consular office shall sign the decision to allow the applicant to adopt the child and carry out the deliver and taking delivery of the child within seven days after the signing of the decision, except otherwise requested by the adoptive parent (parents) concerning this time-limit, but any extension shall not exceed three months.
4. The delivery and taking delivery of the adoptive child shall proceed at the diplomatic or consular office in the presence of the representative of the diplomatic or consular office, the adoptive parent (parents), the adoptive child, the parents of the adoptive child or their legal representative.
5. At the delivery and taking delivery, the representative of the diplomatic or consular office shall hand over the decision to the adoptive parent (parents) and record it in the Register of Adoptions.
The delivery and taking deliver must be recorded in the minute according to the prescribed form.
Article 23.-
1. A Vietnamese citizen who applies to adopt a foreign child residing in Vietnam must send an application in the prescribed form to the People�s Committee of the province where this child resides.
If the applicant is a married man or woman, he/she must have the consent of his/her spouse stated in the application.
2. The application must be attached with the papers stipulated in Points a, c, d, f and of Item 2 Article 16 of this Decree and the following papers:
a/ A certificate by the People's Committee of the commune, ward or township where the applicant resides that he/she meets the conditions to adopt a child as prescribed by law.
b/ A written consent of the authorized agency of the country of which the child is a citizen, to allow him/her to be adopted by a Vietnamese citizen.
3. The procedure of filing the dossier, the order in the settlement of the delivery and taking delivery of the adoptive child must conform with the stipulations at Articles 17, 18, and 20 of this Decree.
Article 24.-
1. For the adoption by the Vietnamese citizen of a foreign child which has been registered at the foreign country to be recognized in Vietnam, the Vietnamese citizen residing in Vietnam must file an application in the prescribed form to the People's Committee in the province.
The application must be attached with the decision to recognize the adoption.
These papers must be done in two sets and sent to the Juridical Service.
2. Within 30 days after receiving the full dossier and the fee, the Juridical Service shall check the dossier and give its suggestion to the Provincial People�s Committee for decision.
3. If the registration of the adoption takes place in the foreign country and does not violate Articles 34, 35 and 36 of the Law on marriage and the Family of Vietnam and the adoption does not contravene the fundamental principles of the Law on Marriage and the Family of Vietnam, the President of the provincial People's Committee shall sign the decision to recognize the adoption.
4. The Juridical Service shall hand over the decision to the concerned person and record it in the Register of Adoptions within seven days after the signing of the decision of recognition, except otherwise requested by the concerned person with regard to the time-limit.
Article 25.-
1. When a foreigner who wants to adopt a Vietnamese child residing in Vietnam but cannot yet determine which child to adopt, he may send an application to the Vietnam Ministry of Justice to express his wish.
The application must specify (his/her) name, date of birth, sex, nationality, profession, permanent residence and the contact address, the reason for adoption and specific demands about the adoptive child.
2. After receiving the application, the Ministry of Justice shall cooperate with the concerned offices to present the child to the applicant according to his request. If he accepts, the applicant must fill the procedures on adoption as stipulated in this Decree.
Chapter V
PROCEDURE OF RECOGNITION OF TUTORSHIP
Article 26.-
1. A foreign resident in Vietnam wishing to tutor a Vietnamese child residing in Vietnam, shall have to file an application in the prescribed form to the People�s Committee in the province.
The application must be attached with the following papers:
a/ A copy of the birth certificate or the passport or other valid substitute paper of the applicant and a copy of the birth certificate of the Vietnamese child.
b/ A copy of the certificate of residence of the applicant and a copy of the residence register of the Vietnamese child.
c/ The certificate of the People�s Committee at commune, ward or township issued to the foreign resident not more than three months earlier, that he/she has the required behavior and moral qualifications and practical conditions to act as a tutor as prescribed at Article 48 of the Law on Marriage and the Family of Vietnam.
d/ The certificate of the child�s parents or other legal representative of the parents agreeing to the tutorship of the child by the foreigner.
2. The papers stipulated at Item 1 of this Article shall be made in two sets of dossier and sent to the Juridical Service.
Article 27.- Within 30 days after receiving the full dossier, the provincial People�s Committee shall decide to recognize or not to recognize the tutorship. This time-limit may be extended if further verification is required but by not more than 15 days.
In case the tutorship is refused, the provincial People�s Committee shall notify the concerned person in writing.
Article 28.- The order in the settlement of the tutorship of a Vietnamese child by a foreigner shall proceed as follows:
1. After receiving the full dossier, the Juridical Service shall cooperate with the Security Service to check the dossier.
2. Within 10 days after receiving the official proposal of the Juridical Service, the Security Service shall make a written reply. The time-limit may be extended if further verification is needed but by not more than 7 days.
3. After receiving they written reply of the Security Service, the Juridical Service shall make its proposal to the provincial People�s Committee for decision.
4. If the foreigner is judged to meet the conditions for tutoring the Vietnamese child and the tutorship is judged beneficial to the child, the provincial People�s Committee shall sign the decision to recognize this tutorship.
5. Within 7 days after the signing of the decision, if the tutor has no request to extend the time-limit, the Juridical Service shall hand over the decision recognizing the tutorship to the foreigner and record it in the Register of Tutorships.
6. The decision to recognize the tutorship shall be sent to the People�s Committee of the commune, ward or township where the tutor and the tutored reside so that the tutorship may be supervised.
Article 29.-
1. A Vietnamese citizen residing in Vietnam who wishes to adopt a foreign child residing in Vietnam shall have to send an application in the prescribed form and send it to the provincial People�s Committee.
2. The application and attached papers together with the procedure of filing the dossier and the order in the settlement of the adoption of a foreign child residing in Vietnam by a Vietnamese citizen shall comply with the stipulations at Articles 26, 27 and 28 of this Decree.
Article 30.-
1. A foreigner who wishes to adopt a Vietnamese child residing abroad must make an application in the prescribed form and send it to the Vietnamese diplomatic or consular office.
The application must be attached with the papers stipulated at Point a and Point d of Item 1 of Article 26 of this Decree together with the certificate by the authorized agency of the foreign country of which the applicant is a citizen issued not more than 3 months earlier, that he/she fills the conditions of a tutor under the law of that country.
2. The papers stipulated at Item 1 of this Article shall be made in two sets of dossier and sent to the diplomatic or consular office.
3. Within 60 days after receiving the full dossier, the diplomatic or consular office shall answer in writing to the concerned person.
Article 31.- The order in the settlement of a foreigner�s tutorship of a Vietnamese child residing in a foreign country shall proceed as follows:
1. After receiving the full dossier, the diplomatic or consular office shall check the dossier. If the foreigner is judged eligible for tutoring a Vietnamese child and the tutorship is judged beneficial to the child, the office shall make a written proposal to the Ministry of Justice for decision.
2. Within 30 days after receiving the written proposal of the diplomatic or consular office, the Ministry of Justice shall make a written reply. If further investigation is necessary the time-limit may be extended but bay not more than 15 days.
3. After receiving the written approval of the Ministry of Justice, the Head of the diplomatic or consular office shall sign the decision recognizing the tutorship.
4. Within seven days after the decision is signed, if the tutor has no request about the time-limit, the diplomatic or consular office shall conduct the registration of the tutorship, and the decision recognizing the tutorship to the tutor and record it in the Register of Tutorships.
The decision to recognize the tutorship shall be done in two copies and one copy shall be sent to the authorized agency of the country of residence of the tutor and of the tutored in order to cooperate in the supervision of the tutorship.
Chapter VI
SETTLEMENT OF COMPLAINTS, DENUNCIATION AND HANDLING OF VIOLATIONS
Article 32.- The concerned person may appeal against the decision of the provincial People�s Committee and the diplomatic or consular office, and protest or denounce the law contravening acts of any office or official in the settlement of the marriage registration, recognition of marriage, recognition of the adoption of out-of-wedlock children by parents, registration and recognition of adoptions and recognition of tutorship of children between Vietnamese citizens and foreigners in the order and according to the procedures prescribed by law.
Article 33.- In case the concerned person does not agree with the decision of the provincial People’s Committee or the diplomatic or consular office, he/she may file a complaint to the Minister of Justice.
The decision of the Minister of Justice is final.
Article 34.-
1. Anyone who makes untruthful declarations in the dossier, fake papers in the application for marriage registration, in the recognition of marriage, recognition of the adoption of out-of-wedlock children by parents, the registration and recognition of adoptions and recognition of tutorships stipulated in this Decree, shall, depending on the extent of the violation, be liable to administrative sanctions or investigated for penal liability by virtue of law.
2. Anyone who takes advantage of the marriage registration, the recognition of marriage, the recognition of adoption of out-of-wedlock children by parents, the registration and recognition of adoptions or recognition of tutorships stipulated in this Decree for personal interests, shall, depending on the extent of the violation, be liable to administrative sanctions or investigated for penal liability by virtue of law.
Article 35.- Anyone who misuses his or her position and powers for personal interests or other personal motive to take law contravening acts in the settlement of the marriage registration, recognition of marriage, recognition of the adoption of out-of-wedlock children by parents, registration and recognition of adoptions and recognition of tutorships stipulated in this Decree, shall, depending on the extent of the violation, be liable to disciplinary measures or investigated for penal liability by virtue of law.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 36.-
1. In case an agreement on mutual judiciary assistance or consular agreement or other international conventions or treaties which the Socialist Republic of Vietnam has signed or adhered to, provide for procedures different from the provisions in this Decree, the provisions of these international treaties shall prevail.
2. The provisions of this Decree shall also apply to the marriage registration, recognition of marriage, the recognition of adoption of out-of-wedlock children by parents, the registration and recognition of adoptions and of tutorships between Vietnamese citizens themselves, one of them having settled abroad.
Article 37.- The certifications, stipulated at Point b, Items 1 and 2 of Article 7, Point b, Item 2 of Article 16, Point b, Item 2 of Article 23, and Item 1 of Article 30 of this Decree, applied to the non-nationality, dual-nationality or multi-nationality foreigners and Vietnamese having settled abroad, shall be as follows:
a/ For the non-nationality foreigners, it shall be the certificate of the authorized agency of the country of his permanent residence.
b/ For the dual or multi-nationality foreigner, it is the certificate of the authorized agency of the country of his residence or of which he carries a nationality. If he does not have a permanent residence in any of the countries of which he is a national, it is the certificate of the authorized agency of the country of which h/she is carrier of the passport or any lawful substitute paper.
c/ For Vietnamese citizens having settled abroad, it is the certificate of the authorized agency in the country where he/she has settled or of the Vietnamese diplomatic or consular office in that country.
Article 38.-
1. Each year, the Ministry of Justice shall report to the Government about the situation of marriage registration and recognition, recognition of the adoption of out-of-wedlock children by parents, the registration and recognition of adoptions and recognition of tutorships of children between Vietnamese citizens and foreigners.
2. Every six months and each year, the provincial People's Committees shall report to the Ministry of Justice on the situation of marriage registration and recognition, recognition of the adoption of out-of-wedlock children by parents, registration and recognition of adoptions and recognition of tutorships of children between Vietnamese citizens and foreigners in their localities.
Every six months and each year, the diplomatic and consular offices shall report to the Ministry of Justice and the Ministry for Foreign Affairs on the marriage registration, registration of adoptions and recognition of tutorship between Vietnamese citizens and foreigners.
Article 39.-
1. The provincial People's Committee, the diplomatic or consular office, after settling the marriage registration, the recognition of the adoption of out-of-wedlock children by parents, the registration and recognition of adoptions and the recognition of the tutorships between Vietnamese citizens and foreigners, shall send one set of dossier to the Ministry of Justice. If it refuses the registration or recognition, both sets of dossiers must be kept at the Justice Service or the diplomatic or consular office. In case of a complaint stipulated at Article 33 of this Decree, the Juridical Service or the diplomatic or consular office shall send a set of dossier to the Ministry of Justice which shall settle the affair according to its competence.
2. In case a Vietnamese citizen who marries a foreigner or is adopted by a foreigner leaves Vietnam to settle abroad, the Ministry of the Interior shall notify the Ministry of Justice. The Ministry of Justice shall, through the Ministry of Foreign Affairs, send a notification to the diplomatic or consular office so that it can manage and monitor the affair and, when necessity arises, protect the legitimate rights and interests of the Vietnamese citizen in that foreign country.
Article 40.- This Decree takes effect from the date of its signing.
Hereby are annulled Decree No. 12/HDBT on the 1st of February 1989 of the Council of Ministers on the procedures of marriage between Vietnamese citizens and foreigners to be conducted before the authorized office of the Socialist Republic of Vietnam, and Decision No. 145/HDBT on the 2nd of April 1992 of the Council of Ministers promulgating the Provisional Regulation on the permission for foreigners to adopt Vietnamese orphans, abandoned children or handicapped children at the care centers under the management of the Labor, War Invalids and Social Affairs Service.
Article 41.- The Minister of Justice, the Minister of Foreign Affairs, the Minister of the Interior and the Minister of Finance shall, within the jurisdiction of their functions and powers, have to guide and organize the implementation of this Decree.
The ministers, the heads of ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees at the provinces and cities directly under the Central Government shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT PRIME MINISTER Vo Van Kiet |
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