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 GOVERNMENT

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 Law on Government Organization dated December 25, 2001;

Pursuant to the Law on Marriage and Family, dated June 09, 2000;

At the proposal of Minister of Justice;

The Government issues the Decree promulgating the implementation of some Articles of the Law on Marriage and Family on relations of marriage and family with foreign factors

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree promulgating the implementation of some articles of the Law on Marriage and Family regarding the marriage relationship between Vietnamese citizens and foreigners, between Vietnamese citizens with each other, which at least a party living overseas, between foreigners in Vietnam; the recognition of fathers, mothers or children between Vietnamese citizens and foreigners, between Vietnamese citizens with each other which at least a party living overseas, between foreigners with each other which at least a party living in Vietnam; the issuance of certification of marital status for Vietnamese citizens living in Vietnam in marriage registration with foreigners which have been carried out at competent foreign agencies; recognition of marriages of Vietnamese citizens which have been settled at competent foreign agencies; recording in the civil status books recognition of fathers, mothers or children of Vietnamese citizens which have been settled at competent foreign agencies; organizations and activities of advisory and assistance on marriage and family with foreign factors.

Article 2. Protect marriage and family relations with foreign elements

1. In the Socialist Republic of Vietnam, rights and legitimate interests of the parties to the marriage and family relations with foreign factors are respected and protected in accordance with Vietnam laws and the international agreements that Vietnam has signed or acceded to.

2. It is strictly prohibited to take advantage of marriage, recognition of fathers, mothers or children to traffic in, exploit the labor of, sexually abuse women and/or children or for other self-seeking purposes.

Article 3. Proposal for consular legalization, authentication of translator’s signatures and authentication of copies

1. Papers issued by foreign competent agencies or notarized or authenticated overseas for use to settle the marriage and family cases under the provisions of this Decree must be consular legalized, except for cases exempted from consular legalization under International Treaties that the Socialist Republic of Vietnam is a member or in principle of reciprocity.

Papers granted, notarized or authenticated by competent agencies of neighbor countries for use to settle the marriage and family cases as prescribed in Chapter IV of this Decree shall be exempted from consular legalization.

2. Papers prescribed in Clause 1 of this Article in foreign language(s) must be translated into Vietnamese and the translations must be authenticated signature of translator as prescribed by law.

Papers granted, notarized or authenticated overseas by competent agencies of neighbor countries for use to settle the marriage and family cases as prescribed in Chapter IV of this Decree shall be translated into Vietnamese, with commitment of translator for translating according to proper content, authentication of signature of translator is not required.

3. Copies of papers in dossier requesting settlement of marriage and family with foreign factors, dossier registering operation of advisory and assistance center for marriages and family with foreign elements as prescribed in this Decree must be legally authenticated; in case copies of papers are not authenticated, originals must be submitted for comparison.

Article 4. Responsibilities for archiving the dossiers, record in the civil status books for marriages and family with foreign elements

1. Files of settlement of marriage and family cases with foreign elements as prescribed in this Decree must be preserved carefully and archived as prescribed by law.

2. The registration of marriage, recognition of fathers, mothers or children settled by People’s Committees of provinces and centrally-run cities (hereinafter called provincial People’s Committees), Justice departments of provinces and centrally-run cities (hereinafter called provincial justice departments) shall be recorded in 01 civil status book and kept in provincial justice departments.

The registration of marriage, recognition of fathers, mothers or children settled by Diplomatic Missions, Consular Offices and other agencies authorized for consular function of Vietnam in foreign countries (hereinafter called representative agencies) shall be recorded in 02 civil status books; after closing book, 01 book is kept in the representative agency where performs registration, 01 book is sent to the Ministry of Foreign Affairs in order to perform grant of copies as prescribed by law.

3. After solving the registration of marriage, recognition of fathers, mothers or children, recognition of marriage, recording in the civil status book for recognition of fathers, mothers or children as prescribed in this Decree, provincial Justice departments shall notify in writing to People’s Committees communes, wards and townships (hereinafter called communal-level People’s Committees) in order to make annotations in the civil status book.

Article 5. Fees

1. Those who apply for the registration of marriages, recognition of fathers, mothers or children; recognition of marriages, recording in the civil status books recognition of fathers, mothers and children of Vietnamese citizens, which have already been carried out at competent foreign offices, must pay civil status fees as provided for by law.

2. The registration of marriages, recognition of fathers, mothers or children with foreign factors in border areas are free.

Chapter 2.

MARRIAGE

SECTION 1. MARRIAGE REGISTRATION

Article 6. Competence of marriage registration

1. The provincial People’s Committees of the localities where Vietnamese citizens permanently reside shall register the marriages between Vietnamese citizens and foreigners, between Vietnamese citizens with each other which at least a party resides overseas. In cases where Vietnamese citizens have not got or not yet got permanent residence registration but have already registered their temporary residence according to the law provisions on residence, the provincial-level People’s Committees of the localities where the Vietnamese citizens temporarily reside shall register their marriages.

2. In cases where foreigners apply for marriage with each other in Vietnam, the provincial-level People’s Committees of the localities where either of them permanently resides shall register the marriage; in cases both of them have not got permanent residence registration in Vietnam, the provincial-level People’s Committees of the localities where either of them temporarily resides shall register the marriage.

3. The representative agencies shall register the marriages between Vietnamese citizens and foreigners, if the registration is not contrary to law of host country; in case where Vietnamese citizens residing abroad marry with each other, the representative agencies shall register the marriages if they request.

Article 7. Dossier for marriage registration

1. A dossier for marriage registration is made into 01 set, including the following papers of each party:

a) The marriage registration declaration (made according to the set form);

b) The written certification of marital status or marriage registration declaration with certification of marital status of Vietnamese citizens, issued within 6 months to the date the dossier is received; documentary evidence on marital status of foreigners, issued by a competent agency of the country of which the applicant is a citizen, within 6 months to the date the dossier is received, stating that such applicant is currently in status of having no wife or no husband;

In cases where foreign laws do not prescribe the certification of marriage status, it can be replaced by the certification of oath taken by the applicant that he or she concurrently has no wife or husband, in accordance with the laws of those countries;

c) The health certificate granted by a Vietnamese or foreign competent health organization within 6 months to the date of receiving the dossier, certifying that such person does not suffer from mental diseases or other diseases which make a person incapable to aware or control his/her acts;

d) Copies of personal papers, such as identity card or passport (Vietnamese citizens staying in the country), passport or papers of substitute value such as travel document or residence card (for foreigners or Vietnamese citizens living overseas);

e) Copies of the household registration book, the temporary residence book (for Vietnamese citizens living in the country); permanent residence card, temporary residence card or temporary residence certificate (for foreigners residing temporarily or permanently in Vietnam wish to marry each other).

2. In addition to the papers prescribed in Clause 1 of this Article, depending on each specific case, the marriage partners shall also have to submit the following corresponding papers:

a) For Vietnamese citizens being on service in the armed forces or performing jobs directly related to State secrets, they must submit the certification by their managing agencies or organizations of the central or provincial level that their marriages with foreigners do not affect the protection of state secrets or do not contravene the regulations of those branches;

b) For persons who have already been divorced at foreign competent agencies, they must submit the written confirmation that the divorce which carried out abroad have been recorded in civil status book as prescribed by law of Vietnam.

c) For Vietnamese citizens who concurrently have foreign nationality, they must also have documentary evidence on marriage status granted by foreign competent agencies;

d) For foreigners who not reside permanently in Vietnam, they must have written confirmation by foreign competent agencies that such persons are eligible for marriage according to law of that country;

e) For foreigners who have already been divorced with Vietnamese citizens at foreign competent agencies, they must submit the written confirmation that the divorce which carried out abroad have been recorded in civil status book as prescribed by law of Vietnam.

3. Based on specific conditions, the Minister of Justice shall stipulate the supplementation of written confirmation by the center of advisory and assistance for marriage and family with foreign factors that Vietnamese citizens have been given advice, assisted on for marriage and family with foreign factors in dossier of marriage registration aiming to meet the state management requirement on marriage and family with foreign elements.

Article 8. Procedures for submission, reception of dossiers

1. Dossier of marriage registration shall be directly submitted by one of two parties at provincial Department of Justice if perform marriage registration in Vietnam or at representative agencies if perform marriage registration at representative agencies.

2. The officer receiving dossier shall check papers in dossier, if dossier is full and valid, the officer shall make a receipt of dossier, clearly stating day of interview and day of returning result.

If dossier is insufficient and invalid, the officer receiving dossier shall guide both marriage partners to supplement, complete dossier. The written guidance must clearly and fully specify types of paper which need be supplemented and completed; the officer receiving dossier shall sign, clearly write full name and hand over it to the applicant. Time limit to settle the marriage registration is calculated from day of receiving full valid dossier and fee.

In case where the applicant submits dossier improperly to competent agencies as prescribed in Article 6 of this Decree, the officer receiving dossier shall guide such person to come competent agencies for submission of dossier.

3. The procedures for receiving dossiers specified in clause 2 of this Article shall also apply to receipt of dossier of registration on recognition of fathers, mothers or children; grant of confirmation on marriage status, recognition of marriages, recording in the civil status books recognition of fathers, mothers and children as prescribed in this Decree, except for provision on writing day of interview.

Article 9. Time to solve the marriage registration

Time limit to settle the marriage registration is 25 days as from the date the provincial justice departments receive the complete and valid dossiers and fees. In case the provincial justice departments request police agencies for verification as prescribed in clause 2 Article 10 of this Decree, the time limit may be prolonged but not exceeding 10 working days.

Time limit to settle the marriage registration at representative agencies is 20 days as from the date the representative agencies receive the complete and valid dossiers and fees. In case the representative agencies request domestic agencies for verification as prescribed in clause 2 Article 13 of this Decree, the time limit may be prolonged but not exceeding 35 days.

Article 10. The order to settle the marriage registration in Vietnam

1. Within 15 days as from the date of receiving the complete and valid dossiers as well as fees, the provincial justice departments shall have the responsibilities as follows:

a) To implement the direct interview at head office of provincial Justice department for both marriage partners in order to check, clarify personal matter, voluntary marriage and extent of understanding each other of both marriage partners. In case translator for interview is necessary, the provincial justice department shall appoint the translator.

The interview result must be made in written form. The interviewer must clearly state his/her opinions and proposals and sign on the interview document; the translator (if any) must commit that content of review has been translated exactly and sign on the interview document.

If the interview result shows that two parties fail to understand status of each other, the provincial Justice department shall make an appointment for re-interview; the next interview shall be performed 30 days after the preceding interview.

b) To study and verify the marriage registration dossiers. In cases where there is any doubt, complaint or denunciation that the marriages through illegal brokerage, make sham marriages, take advantage of the marriage for the purpose of human trafficking or for other self-seeking purposes or where they deem that the personal identification of both marriage partners or papers in the marriage registration dossiers need to be clarified, the provincial Justice departments shall conduct the verification for clarification.

2. In case where considering that the problem which needs to be verified fall in function of police agencies, the provincial Justice departments shall issue Official Dispatch clearly stating issues in need of verification, enclosed with copy of 01 set of marriage registration dossier (copies not require for authentication) and send it to the police agencies of same level for verification request.

Within 7 working days, after receiving Official Dispatch of provincial justice departments, police agencies shall implement verification of issues as required and reply in writing to the provincial justice departments.

3. After interviewing both marriage partners, studying and verifying the marriage registration dossiers, opinions of police agencies (if any), the provincial Justice departments shall report result and propose settlement of marriage registration to submit to provincial People’s Committees for decision, enclosed with 01 set of marriage registration dossier.

Within 05 working days, after receiving the written submission of the provincial justice department together with the marriage registration dossier, if considering that both marriage partners meet conditions of marriage, not fall in cases of refusal for marriage registration specified in Article 12 of this Decree, the chairman of the provincial People’s Committee shall sign in the certificate of marriage and return dossier to the provincial justice department for holding the ceremony for marriage registration.

In case refusal for marriage registration, provincial People’s Committees shall have a document clearly stating reason thereof and send it to the provincial Justice department in order to notify both marriage partners.

Article 11. Ceremonies for marriage registration in Vietnam

1. Within 05 working days, after the Chairman of the provincial People’s Committee signs the marriage certificate, the provincial justice department shall hold ceremony for marriage registration.

2. The marriage registration ceremony shall be solemnly organized at the office of the provincial justice department. When the marriage registration ceremony is held, both marriage partners must be present. The representative of the provincial justice department shall preside over the ceremony, requesting both parties to state their final intention on voluntary marriage. If they agree to marry each other, the representative of the justice department shall record the marriage in the marriage registers, requesting each party to sign on the marriage certificate, the marriage register and hand over the original marriage certificate to the husbands and wives, each with one certificate.

3. The marriage certificate shall be valid from the date the marriage registration ceremony is organized as provided for in Clause 2 of this Article. The grant of copies of the marriage certificate from the original registers shall be implemented by the provincial justice department at the requests of the wives or husbands.

4. In case where the both marriage partners, for plausible reasons, request extension of time holding the ceremony for marriage registration specified in clause 1 of this Article, the time shall be extended but not exceed 90 days, after the Chairman of the provincial People’s Committee signs the marriage certificate. If past this time limit both marriage partners fail to come ceremony for marriage registration, the provincial justice department shall report to the Chairman of the provincial People’s Committee; the marriage certificate shall be kept in dossier.

If both parties still wish to marry each other, they must restart the procedures for marriage registration.

Article 12. Refusal of marriage registration

1. The marriage registration shall be refused in the following cases:

a) One or both parties fail to reach the marriage ages according to Vietnamese laws;

b) The foreign party fails to be eligible for the marriage according to the laws of the country which he/she is citizen of or where he/she permanently resides (for stateless persons);

c) The marriage is not voluntarily decided by the male and/or the female;

d) There is deception, coercion in the marriage;

dd) One or both parties are having wife or husband;

e) One or both parties lose the civil act capacity;

g) The marriage parties are in the direct lines of descent or relatives within three generations;

h) The marriage parties are or were once the adoptive father, adoptive mother and the adopted daughter, son; the father-in-law and daughter-in-law; the mother-in-law and son-in-law; the step father and his step- daughter; the step-mother and her step-son;

i) The marriage parties are of the same sex (marriage between men, marriage between women).

2. The marriage registration shall also be refused if the interview, inspection and verification results show that the marriage is conducted through illegal brokerage or is sham, not for the purpose of building a prosperous, equitable, progressive, happy and sustainable family; or aims at human trafficking, labor exploitation, sexually abusing women or other self-seeking purposes.

Article 13. The order to settle the marriage registration in representative agencies

1. Within 15 days as from the date of receiving the complete and valid dossiers as well as fees, the representative agencies have the responsibility:

a) To implement the direct interview at head office of representative agency for both marriage partners in similar way specified in point a clause 1 Article 10 of this Decree.

b) To study and verify the marriage registration dossiers. In cases where there is any doubt, complaint or denunciation that the marriages through illegal brokerage, make sham marriages, take advantage of the marriage for the purpose of human trafficking or for other self-seeking purposes or where they deem that the personal identification of both marriage partners or papers in the marriage registration dossiers need to be clarified, the representative agencies shall conduct the verification for clarification.

c) If considering that both marriage partners meet full conditions of marriage, not fall in cases of refusal for marriage registration specified in Article 12 of this Decree, the head of the representative agency shall sign marriage certificate.

In case refusal for marriage registration, the representative agency shall have a written notice clearly stating reason thereof to both marriage partners.

2. In case where considering that the problem which need to be verified fall in function of domestic concerned agencies, the representative agency shall issue Official Dispatch clearly stating matters in need of verification, and send it to the Ministry of Foreign Affairs for verification request by concerned agencies under their specialized functions.

Within 10 working days, after receiving Official Dispatch of the Ministry of Foreign Affairs, domestic concerned agencies shall implement verification of issues as required and reply in writing to the Ministry of Foreign Affairs to forward to the representative agency.

3. Within 05 working days, after the head of representative agency signs the marriage certificate, the ceremony for marriage registration shall be held.

4. The marriage registration ceremony shall be solemnly organized at the office of representative agency. When the marriage registration ceremony is held, both marriage partners must be present. The representative of representative agency shall preside over the ceremony, requesting both parties to state their final intention on voluntary marriage. If they agree to marry each other, the representative of representative agency shall record the marriage in the marriage registers, requesting each party to sign on the marriage certificate, the marriage register and hand over the original marriage certificate to the husbands and wives, each with one certificate.

5. The marriage certificate shall be valid from the date the marriage registration ceremony is organized as provided for in Clause 4 of this Article. The grant of copies of the marriage certificate from the original registers shall be implemented by the representative agencies at the requests of the wives or husbands.

6. In case where the both marriage partners, for plausible reasons, request extension of time holding the ceremony for marriage registration specified in clause 3 of this Article, the time shall be extended but not exceed 90 days, after the head of the representative agency signs the marriage certificate. If past this time limit both marriage partners fail to come ceremony for marriage registration, the representative agency shall kept the marriage certificate in dossier.

If both parties still wish to marry each other, they must restart the procedures for marriage registration.

SECTION 2. ISSUING CONFIRMATION ON MARRIAGE STATUS FOR VIETNAMESE CITIZENS LIVING IN VIETNAM FOR GETTING MARRIAGE WITH FOREIGNERS AT FOREIGN COMPETENT AGENCIES IN FOREIGN COUNTRIES

Article 14. Competence for issuing confirmation of marriage status

The communal People’s Committee where Vietnamese citizens register permanent residence shall grant confirmation on marriage status for such persons in order to do procedures for marriage registration with foreigners at foreign competent agencies in foreign country

In cases where Vietnamese citizens have not got or not yet got permanent residence registration but have already registered their temporary residence according to the law provisions on residence, the communal People’s Committees of the localities where the persons temporarily reside shall grant confirmation on marriage status.

Article 15. Procedures for issuing confirmation of marriage status

1. A dossier for granting confirmation of marriage status is made into 01 set, including papers as follows:

a) The declaration for grant of marriage registration confirmation (made according to the set form);

b) Copies of one of papers proving on personal matters such as identity card or passport or valid papers of substitute value;

c) Copies of the household registration book, the temporary residence book of applicant.

For foreigners who have already been divorced with Vietnamese citizens at foreign competent agencies, they must submit the written confirmation that the divorce which carried out abroad have been recorded in civil status book as prescribed by Vietnam law.

2. The applicant submits directly dossier of granting confirmation of marriage status at the competent communal People’s Committee as prescribed in Article 14 of this Decree.

3. Within 02 working days, as from fully receiving the valid dossiers as well as fees, the communal People’s Committee shall make a document to consult the provincial justice department enclosed with 01 set of dossier.

4. Within 10 working days, after receiving proposal of the communal People’s Committee, the provincial justice departments shall implement inspection, verification and issue a written reply for the communal People’s Committee, together with returned dossier; if refusal for settlement, the provincial Justice departments must clearly explain reason in written form and send it to the communal People’s Committee in order to notify for applicant.

5. Within 02 working days, after receiving written agreement of the provincial justice departments, the Chairman of the communal People’s Committee shall sign the marriage status confirmation and issue it for applicant.

6. Based on specific conditions, the Minister of Justice shall stipulate on the supplementation of interview procedures for issuance of the marriage status confirmation for Vietnamese citizens living in Vietnam who wish to register marriage with foreigners at foreign competent agencies in foreign country.

SECTION 3. RECOGNITION VIETNAMESE CITIZEN’S MARRIAGE HAVE ALREADY CARRIED OUT AT FOREIGN COMPETENT AGENCIES IN FOREIGN COUNTRY

Article 16. Conditions and forms of recognition Vietnamese citizen’s marriage have already carried out at foreign competent agencies in other country

1. The marriages between Vietnamese citizens or between Vietnamese citizens and foreigners already carried out at foreign competent agencies in foreign country, in conformity with law of that country, shall be recognized in Vietnam, if by the time of marriage such Vietnamese citizens have not violated Vietnam’s law provisions on marriage conditions.

In cases where there are violations of Vietnamese legislation on marriage conditions but by the time of requesting the recognition of the marriages, the consequences of such violations have already been overcome or the recognition of such marriages is beneficial to the protection of the interests of the women and children, such marriages shall also be recognized in Vietnam.

2. The marriage recognition prescribed in Clause 1 of this Article shall be annotated in registers according to procedures specified in Article 17 of this Decree.

Article 17. Competence, order of and procedures for recording in registers for marriages of Vietnamese citizens already carried out at foreign competent agencies in other country

1. The provincial justice department of locality where Vietnamese citizen lives shall implement annotations in the registers for marriages of Vietnamese citizens already carried out at foreign competent agencies in foreign country (hereinafter called annotations in the registers for marriage). In cases where Vietnamese citizens have not got or not yet got permanent residence registration but have already registered their temporary residence according to the law provisions on residence, the provincial People’s Committees of the localities where the persons temporarily reside shall perform annotations in the registers for marriages.

The representative agency shall make annotations in the registers for marriages of Vietnamese citizens residing in the receiving country.

2. A dossier of annotation in the registers for marriage is made into 01 set, including the following papers:

a) The declaration for annotation in the registers for marriage (made according to a set form);

b) The copies of papers proving marriage issued by foreign competent agencies;

c) The copies of one of papers proving on personal matters such as identity card or passport or papers of substitute value;

d) The copy of the household registration book or the temporary residence book of applicant.

In case of recognition of marriage between Vietnamese citizens and foreigners who have already been divorced with Vietnamese citizens at foreign competent agencies, they must submit the written confirmation that the divorce which carried out abroad have been recorded in civil status book as prescribed by law of Vietnam.

3. Dossier of annotation in the registers for marriage must be directly filed at competent agencies as prescribed in clause 1 of this Article.

4. Time to solve the annotation in the registers for marriage is 05 days as from the date the provincial justice departments or representative agencies receive the complete and valid dossiers as well as fees. In case needs verification, the time limit may be prolonged but not exceed 05 working days.

In case of refusal for the annotation in the registers for marriage, the provincial justice departments shall reply in writing to applicant, which clearly stating reason thereof.

5. After the annotation in the registers for marriage has been performed, the Director of provincial justice departments shall sign and issue a confirmation that marriage has been annotated in records for civil status matters (according to the set form).

Chapter 3.

RECOGNITION OF FATHERS, MOTHERS, CHILDREN

SECTION 1. REGISTRATION FOR RECOGNITION OF FATHERS, MOTHERS, CHILDREN

Article 18. Conditions for recognition of fathers, mothers, children

1. The recognition of fathers, mothers or children between Vietnamese citizens and foreigners, between Vietnamese citizens with each other and at least a partner living in foreign country, between foreigners with each other and at least a partner permanently living in Vietnam under the provisions of this Decree shall be effected only if the recognizer and the recognize are still alive by the time of filing the written request and it is voluntary and dispute-free.

2. In cases where the children are minor, the request for recognition of fathers or mothers must be consented by persons who are parents of children, except those persons died, missed, are incapable of civil acts. If the children are minor but aged full nine years or older, the request for recognition of fathers or mothers must be consent by such children themselves.

3. Adult children applying for the recognition of their fathers, their mothers’ consents are not required; and for the recognition of their mothers, their fathers’ consents are not required.

4. In cases where the children are minor requesting for recognition of fathers or mothers, the mothers shall carry out the procedures for recognition of fathers or the fathers shall carry out the procedures for recognition of mothers for such children. In cases where the children are minor requesting for recognition of fathers or mothers, but the respectively mothers or fathers died, missed, are incapable of civil acts, the guardians shall carry out the procedures for recognition of fathers or the fathers for such children.

Article 19. Competence to register the recognition of fathers, mothers, children

1. The provincial Justice departments of the localities where the persons to be recognized fathers, mothers or children permanently reside shall recognize and register the application for recognition of fathers, mothers or children specified in Article 18 of this Decree.

In cases where the persons who are recognized fathers, mothers or children have not got or not yet got permanent residence registration but have already registered their temporary residence according to the law provisions on residence, the provincial People’s Committees of the localities where the such persons temporarily reside shall recognize and register the application for recognition of fathers, mothers or children.

2. The representative agencies at the receiving countries shall recognize and register the application for recognition of Vietnamese citizens residing in such countries to be fathers, mothers or children as requested by foreigners, if the registers are not contrary to law of the receiving countries.

In case where a Vietnamese citizen residing overseas wish to recognize a Vietnamese citizen residing overseas to be father, mother, child, the representative agency at the living country shall recognize and register the recognition of father, mother, child.

Article 20. Dossier of recognition of fathers, mothers, children

1. The dossiers of application for recognition of fathers, mothers or children shall be made into 01 set, including the following papers:

a) The declaration for registration of recognition of fathers, mothers or children (made according to a set form);

b) The copies of papers proving personal matters such as the identity cards or passports (for Vietnamese citizens living in the country), or passports or substitute papers such as travel documents, or residence cards (for foreigners and Vietnamese citizens in foreign countries);

c) The copies of the birth certificates of the persons to be recognized as children, for case of recognition of children; of persons recognizing the fathers, mothers, for case of recognition of fathers or mothers;

d) Grounds (if any) to prove that there is between the recognizer and the recognizee the father or mother and children relationship;

e) The copy of the household registration book or collective resident certificate (for Vietnamese citizens permanently residing in the country); the permanent residence card (for foreigners permanently residing in Vietnam) of the persons to be recognized as fathers, mothers or children.

2. The applicant must submit directly dossier of recognition of father, mother or children at the competent agencies as prescribed in Article 19 of this Decree.

Article 21. Time for settlement of the recognition of fathers, mothers, children

The time limit for settlement of the recognition of fathers, mothers or children shall be 25 days as from the date the provincial Justice departments or the representative agencies receive the complete and valid dossiers as well as fees.

In case the verification is necessary as prescribed in clause 3 Article 22 or point a clause 1 Article 23 of this Decree, the time limit above may be prolonged but not exceed 10 working days.

Article 22. Order to settle the recognition of fathers, mothers or children in Vietnam

1. After receiving the complete and valid dossiers as well as fees, the provincial Justice departments have the responsibility for study and examination of dossiers, posting up the application for recognition of fathers, mothers or children for 07 consecutive days at the offices of the provincial Justice departments, and at the same time to send official dispatches requesting the commune-level People’s Committees of the localities where the persons to be recognized as fathers, mothers or children permanently reside to post up the application for the recognition thereof.

2. After receiving the requesting official dispatches of the provincial Justice departments, the commune-level People’s Committees have the responsibility posting up the application for recognition of fathers, mothers or children for 07 consecutive days at their offices. If there is any complaint and/or denunciation about the application for recognition of fathers, mothers or children, the commune-level People’s Committees shall have to send written reports thereon to the provincial Justice departments.

3. In cases where there is any doubt, complaint or denunciation about the recognition of fathers, mothers or children or where they deem that the personal identification of the involved parties or papers in the dossiers of application for recognition of fathers, mothers or children need to be clarified, the provincial Justice department shall carry out the verification.

4. If deeming that the involved parties have satisfied all conditions for recognition of fathers, mothers or children, the directors of provincial justice departments shall sign decisions to recognize the recognition of fathers, mothers or children.

In case of refusing the recognition of fathers, mothers or children, the provincial Justice departments shall notify such in writing which clearly stating reason thereof to the applicants.

5. Within 05 working days as from the date the directors of provincial Justice departments sign the decisions to recognize the recognition of fathers, mothers or children, except where the involved parties, for plausible reasons, request another time, the provincial Justice departments shall hand the decisions to recognize the recognition of fathers, mothers or children to the involved parties and record in the registers for the recognition of fathers, mothers or children. When handing over the Decisions on recognition of fathers, mothers or children, the recognizer and the recognizee must be present.

Article 23. Order to settle the recognition of fathers, mothers or children in representative agencies

1. Within 20 days as from the date of receiving the complete and valid dossiers as well as fees, the representative agencies have the responsibility:

a) To study, verify dossiers of recognition of fathers, mothers or children; in cases where there is any doubt, complaint or denunciation about the recognition of fathers, mothers or children or where they deem that the personal identification of the involved parties or papers in the dossiers of application for recognition of fathers, mothers or children need to be clarified, the representative agencies shall carry out the verification;

b) If deeming that the involved parties have satisfied all conditions for recognition of fathers, mothers or children, the heads of representative agencies shall sign decisions to recognize the recognition of fathers, mothers or children.

In case of refusing the recognition of fathers, mothers or children, the representative agencies shall send written notices which clearly stating reason thereof to the applicants.

2. Within 05 working days as from the date the heads of representative agencies sign the decisions to recognize the recognition of fathers, mothers or children, except where the involved parties, for plausible reasons, request another time, the provincial Justice departments shall hand the decisions to recognize the recognition of fathers, mothers or children to the involved parties and record in the registers for the recognition of fathers, mothers or children. When handing over the Decisions on recognition of fathers, mothers or children, the recognizer and the recognizee must be present.

SECTION 2. RECORDING IN CIVIL STATUS BOOKS FOR RECOGNITION OF FATHERS, MOTHERS OR CHILDREN OF VIETNAMESE CITIZENS ALREADY CARRIED OUT AT FOREIGN COMPETENT AGENCIES

Article 24. Recording in civil status books for recognition of fathers, mothers or children of Vietnamese citizens already carried out at foreign competent agencies

The recognition of fathers, mothers or children between Vietnamese citizens with each other or with foreigners already carried out at foreign competent agencies shall be recorded in the civil status books as prescribed in article 25 of this Decree.

Article 25. Competence, orders of and procedures for recording in civil status books for recognition of fathers, mothers or children of Vietnamese citizens already carried out at foreign competent agencies

1. The provincial justice departments of localities where Vietnamese citizens reside shall implement annotations in the civil status books for recognition of fathers, mothers or children of Vietnamese citizens already carried out at foreign competent agencies (hereinafter called annotations in the registers for recognition of fathers, mothers). In cases where Vietnamese citizens have not got or not yet got permanent residence registration but have already registered their temporary residence according to the law provisions on residence, the provincial People’s Committees of the localities where the such persons temporarily reside shall perform annotations in the registers for recognition of fathers, mothers.

The representative agency in the receiving country, residence is of Vietnamese citizen shall make annotations in the registers for recognition of fathers, mothers.

2. Time to settle the annotation in the registers for recognition of fathers, mothers is 05 working days as from the date the provincial justice departments or representative agencies receive the complete and valid dossiers as well as fees. In case needs verification, the time limit may be prolonged but not exceed 05 working days.

3. The dossiers of annotations in the registers for recognition of fathers, mothers shall be made into 01 set, including the following papers:

a) The declaration for annotation in the registers for recognition of fathers, mothers (made according to a set form);

b) The copies of papers on recognition of fathers, mothers issued by foreign competent agencies;

c) The copies of one of papers proving on personal matters of the applicant such as identity card or passport or papers of substitute value;

d) The copy of the household registration book or the temporary residence book of applicant.

4. The applicant must submit directly dossier of annotations in the registers for recognition of father, mother or children at the competent agencies as prescribed in clause 1 of this Article.

5. After the annotation in the registers for recognition of father, mother or children has been performed, the Director of provincial justice departments or head of representative agency shall sign and issue a confirmation that civil status matters have been annotated in the registers (according to the set form).

Chapter 4.

REGISTRATION OF MARRIAGE, RECOGNITION OF FATHERS, MOTHERS OR CHILDREN WITH FOREIGN ELEMENTS IN BORDER REGIONS

Article 26. Competence to register marriage, recognition of fathers, mothers or children

The commune-level People’s Committees in border regions shall effect the registration of marriage, recognition of fathers, mothers or children between Vietnamese citizens permanently residing in border regions and citizens of neighboring countries permanently residing in regions bordering on Vietnam under the provisions of this Decree and other law provisions on civil status registration.

Article 27. The order and procedures for marriage registration

1. The dossiers of marriage registration are made into 01 set, including the following papers of each party:

a) The declaration for marriage registration (made according to a set form);

b) The written certification of marital status or marriage registration declaration with certification of marital status of Vietnamese citizens; documentary evidence on marital status of citizens of neighboring countries issued by competent agencies of such countries.

Papers specified in this point must be issued within 06 months to the date the dossier is received, stating that such person is currently in status of no wife or no husband.

For Vietnamese citizens who have already been divorced at foreign competent agencies or foreigners who have already been divorced with Vietnamese citizens at foreign competent agencies, they must submit the written confirmation that the divorce which carried out abroad have been recorded in civil status book as prescribed by Vietnam laws.

2. One of two marriage partners shall directly submit dossiers of marriage registration at the communal-level People’s Committees, where register marriages.

3. The applicants must produce the following papers:

a) The Vietnamese citizens must produce the border people’s identity cards; in cases where the border people’s identity cards are not available, they must produce papers proving their permanent residence in border regions, together with other personal papers, for inspection;

b) The citizens of neighboring countries must produce the personal papers or other papers issued by competent State bodies of the neighboring countries to prove that their citizens permanently live in regions bordering on Vietnam.

4. Within 15 days as from the date of receiving the complete and valid dossiers, the communal-level People’s Committees shall have the responsibilities for verifying dossiers. After the dossier verification, the commune-level People’s Committees shall send official dispatches, enclosed with copy of one set of marriage registration dossier (copies not require for authentication), to the provincial justice departments for comments.

5. Within 15 working days as from the date of receiving the official dispatches of the commune-level People’s Committees, the provincial justice departments shall consider the marriage registration dossiers and give their written replies to the former.

In case refusal for marriage registration, the provincial justice departments shall have a document clearly stating reason thereof and send it to the provincial justice department in order to notify both of lady and gentleman parties.

6. Within 07 working days as from the date of receiving the consent of the provincial justice departments, the commune-level People’s Committees shall perform marriage registration as for the cases of registering marriage between Vietnamese citizens in the country according to the law provisions on civil status registration.

Article 28. The order and procedures for registration for recognition of fathers, mothers or children

1. A dossier on registration for recognition of fathers, mothers or children shall be made into 01 set, including:

a) The declaration for recognition of fathers, mothers or children (made according to a set form);

d) Grounds (if any) to prove that there is between the recognizer and the recognizee the father or mother and children relationship;

2. The applicant must submit directly dossier on registration for recognition of father, mother or children at the communal-level People’s Committees, where registering the recognition of father, mother or children. When submit dossiers, the applicants must produce papers specified in clause 3 Article 27 of this Decree for inspection.

3. Within 15 days as from fully receiving the valid dossiers, the commune-level People’s Committees have the responsibility for verification of dossiers, posting up the application for recognition of fathers, mothers or children for 07 consecutive days at their offices. Past the time limit of posting, the commune-level People’s Committees shall send official dispatches, enclosed with copies of one set of dossier (copies not require for authentication), to the provincial Justice departments for comments.

4. Within 05 working days as from the date of receiving the official dispatches of the commune-level People’s Committees, the provincial Justice departments shall consider dossiers of recognition of fathers, mothers or children and give their written replies to the former.

In case of refusing the recognition of fathers, mothers or children, the provincial Justice departments shall send document to the commune-level People’s Committees in order to notify which clearly stating reason thereof to the applicants.

5. Within 07 working days as from the date of receiving the written consents of the provincial Justice departments, the commune-level People’s Committees shall perform registration of recognition of fathers, mothers or children as for the cases of registration of recognition of fathers, mothers or children between Vietnamese citizens in the country according to the law provisions on civil status registration.

Chapter 5.

ORGANIZATION AND OPERATION OF ADVISORY AND ASSISTANCE ON MARRIAGE AND FAMILY WITH FOREIGN FACTORS

Article 29. The legal status of advisory and assistance center on marriage and family with foreign factors

The Centers of advisory and assistance on marriage and family with foreign factors (hereinafter called Centers) are non-business units of the Central Committee of the Vietnam Women s Union or the Women s Union in provinces and centrally-run cities (hereinafter called the Women s Unions). Women s Unions shall promulgate decisions on establishment of centers.

Article 30. The principles of advisory and assistance activities on marriage and family with foreign elements

1. Activities of centers must ensure in the non-profit principle, contribute to make the marriage and family relations with foreign elements be more healthy, in conformity with basic principles of the marriage and family regime of Vietnam, and national culture and fine traditions.

2. It is strictly prohibited to take advantage of advisory and assistance on marriage and family with foreign factors to human trafficking in, sexually abuse women or for other self-seeking purposes.

Article 31. Conditions for establishment of Centers

1. Having an operation regulation ensuring the non-profit principle approved by the Woman’s Unions.

2. Having necessary places, equipment, human resources to assure for activities of centers.

3. The persons who are expected as heads of centers have no criminal records.

Article 32. Procedures for registration for operation of centers, re-grant of certificate of operation registration of centers

1. After being established, the centers must register operation at the provincial justice departments, where the centers located head offices.

2. The dossiers for center’s operation registration shall be made 01 set including the following papers:

a) The declaration for operation registration (made according to a set form);

b) The copy of the decision on the establishment of the center;

c) The papers testifying to the location of the center’s headquarters;

d) The legal record card of the person expected to head the center granted within 03 months, to the day of receiving dossier;

e) The copy of operation regulation specified in clause 1 Article 31 of this Decree.

3. Within 05 working days as from the date of receiving complete and valid dossiers, the provincial justice departments shall grant the certificate of operation registration to the centers (according to set form). In case of refusal for grant of operation registration certificate, the provincial justice departments shall notify such in written form to the Women’s Unions which have set up the centers, in which clearly state reason thereof.

4. In case where the certificate of operation registration of a center is lost or corrupted cannot to use, it shall be re-granted the certificate of operation registration.

Article 33. Rights and obligations of centers

1. The Centers have the following rights:

a) To give advice on matters on marriage and family with foreign elements to Vietnamese citizens under guidance of the Woman’s Unions;

b) To give advice, improve for Vietnamese citizens on languages, cultures, customs and practices, as well as the Law on marriage and family, entry of countries which the involved parties expect to marry with citizen of such countries;

c) To give advice, help foreigners to inquire into matters regarding languages, cultures, customs and practices, as well as the Vietnam law on marriage and family;

d) To help the marriage partners to inquire into matters regarding the personal identification, families and social backgrounds of the parties, as well as other relevant matters requested by the parties; create favorable conditions for them to proceed to voluntary, equitable, progressive, happy and monogamous marriages;

dd) To grant written confirmation for Vietnamese citizens after they have been consulted, improved as prescribed in point a, point b clause 1 of this article;

e) To assist the parties in finalizing dossiers for marriage registration as prescribed by law, if have request;

g) In case when Vietnamese citizens or foreigners have demands to be introduced with foreigners or Vietnamese citizens for marriage, the centers may perform the request;

h) To be entitled to perform coordination with legal organizations of marriage advisory, assistance of concerned foreign countries in order to settle matters related to marriage and family between Vietnamese citizens and foreigners as prescribed by law;

i) To receive remunerations to cover operation cost and be paid other reasonable actual costs as prescribed by law, ensure the non-profit principle;

k) To change content of operation registration certificate as prescribed in Article 34 of this Decree.

2. The Centers have obligations as follows:

a) To carry out activities in strict accordance with the contents inscribed in the operation registration certificates;

b) To publicize the remunerations as prescribed by law;

c) To keep in secret of information, documents on private life of parties as prescribed by law;

d) To be inspected, managed by the Woman’s Unions;

dd) To report every 6 months and annually on activities of centers to the Woman’s Union and the provincial Justice departments, where register operation; report irregularly, supply documents of make explanations on matters related to activities of Centers at the request of competent state agencies;

e) To be inspected, examined by the Central Committee of Vietnam Woman s Union, the Ministry of Justice, the provincial justice departments where their operations have been registered and other competent agencies as prescribed by law;

g) To send final settlement on financial revenue and expenditure relating to advisory and assistance activities on marriage and family with foreign elements to the Woman s Union, the provincial Justice departments where their operations have been registered;

h) Other obligations as prescribed by law.

Article 34. Changes in contents of the operation registration certificates of Centers

1. In cases where Centers wish to change their appellations and/or headquarters locations, they must send written requests for annotation on the changes, together with their operation registration certificates, to the provincial justice departments where their operations have been registered.

Within 03 working days as from the date of receiving the written requests for annotation on the changes, the provincial Justice departments shall directly inscribe the changed contents in the operation registration certificates of the Centers and affix stamps for certification.

2. In cases where there are requests for replacement of the heads of the Centers or the operation contents of the Centers, the Woman’s Unions must send the written requests for the changes, clearly stating the purposes, contents and reasons for the changes, together with the operation registration certificates, to the provincial Justice departments where the Centers operations have been registered. In case of replacement of the heads of the Centers, the legal record cards of the substitutes which are issued within 03 months to the day of receiving dossier must be enclosed with the written requests for the change.

Within 05 working days as from fully receiving the valid dossiers, the provincial Justice departments shall directly inscribe the changed contents in the operation registration certificates of the Centers and affix stamps for certification. In case of refusing the changes, the Justice departments shall notify such in writing which clearly state reason thereof to the Woman s Unions.

Article 35. Termination of operations of Centers

1. A Center shall terminate its operation in the following cases:

a) Women s Union decides to dissolve the Center;

b) It is deprived indefinitely of the right to use the operation registration certificate by decision of a competent State body.

2. In case of operation termination under the provisions at Point a, Clause 1 of this Article, the Woman’s Union must send written notifications of the termination of operation of the Center to the provincial justice departments where the Center has registered its operations, at least 30 days before the date of termination of operations of the Center. The Centers shall have to return the operation registration certificates to the provincial Justice departments where they previously registered their operation.

3. In cases of operation termination under the provisions at Point b, Clause 1 of this Article, the provincial justice departments or other competent agencies must send decisions on indefinite deprivation of the right to use the operation registration certificate at least 30 days before the date the Centers are forced to terminate operations.

4. Before the date of operation termination, the Centers shall have to pay all debts (if any) to relevant organizations and/or individuals and settle all matters related to the operation termination; and make reports on thereon in writing to send to the Woman’s Unions and the provincial Justice departments where they previously registered their operation.

Chapter 5.

STATE MANAGEMENT OVER MARRIAGE AND FAMILY WITH FOREIGN FACTORS

Article 36. Tasks and powers of the Ministry of Justice

The Ministry of Justice shall take responsibilities before the Government in unified state management over marriage and family with foreign factors nationwide, having tasks and powers as follows:

1. To formulate and submit to the competent State agencies for promulgation or to promulgate according to its competence legal documents on marriage and family with foreign elements.

2. To guide the provincial-level People’s Committees and coordinate with the Ministry for Foreign Affairs in directing and guiding the representative agencies on the implementation of the law provisions on marriage and family with foreign factors; to disseminate and educate in the legislation and settle cases on marriage and family with foreign factors as prescribed by law.

3. To issue unified forms of books and papers for registration of civil status cases prescribed in this Decree.

4. To inspect and examine the observance of the legislation on marriage and family with foreign factors; to settle complaints and denunciations according to the provisions of law and handle administrative violations on marriage and family with foreign factors prescribed by law.

5. To gather statistics on the registration of marriage, recognition of fathers, mothers or children, grant of confirmation on marriage status, annotations in registers for marriage, recognition of fathers, mothers or children as prescribed in this Decree.

6. To carry out international cooperation in the field of marriage and family with foreign factors as prescribed by law.

Article 37. Tasks and powers of the Ministry for Foreign Affairs

The Ministry of Foreign Affairs shall perform the State management over the marriage and family with foreign factors as prescribed by law, having the following tasks and powers:

1. To direct the representative agencies in implementing the legislation on marriage and family with foreign factors as well as on civil status registration operations; in taking measures to protect the rights and legitimate interests of Vietnamese citizens in foreign countries in marriage and family relations in accordance with the laws of the host countries and the international agreements which Vietnam has signed or acceded to.

2. To direct the representative agencies in observing the regime of statistics and annual reports on the situation of registration of marriage, recognition of fathers, mothers or children and annotations in registers for marriage, recognition of fathers, mothers or children, which fall under their settling jurisdiction as prescribed in this Decree.

To gather data for statistics and make annual reports on the situation of registration of marriage, recognition of fathers, mothers or children and annotations in registers for marriage, recognition of fathers, mothers or children, which fall under their settling jurisdiction and send them to the Ministry of Justice.

3. To update and supply basic information on law, culture, customs and practices of host countries in order to do as basis for orientation of domestic propagation and advisory.

4. To inspect and examine the observance of the legislation on marriage and family with foreign factors at representative agencies; to settle complaints and denunciations according to the provisions of law; and handle administrative violations on marriage and family with foreign factors as prescribed by law.

5. To settle under their jurisdiction foreign affairs arising during the course of implementation of International treaties on marriage and family of which Vietnam is a member.

6. To issue copies from the original books of marriage certificates, decisions on father, mother or child recognition according to the provisions of law.

7. To perform other tasks and exercise other powers as provided for by law.

Article 38. Tasks and powers of the representative agencies

1. The representative agencies implement state management on marriage and family, having the following tasks and powers:

a) To implement the marriage registration, recognition of fathers, mothers, children; donations in registers for marriage, recognition of fathers, mothers, children in conformity with law of receiving countries and International treaties of which Vietnam is a member;

b) To make statistics and biannual and annual reports on the situation of registration of marriage, recognition of fathers, mothers or children and annotations in registers for marriage, recognition of fathers, mothers or children, which fall under their settling jurisdiction as prescribed in this Decree.

c) To update basic information on law, culture, customs and practices of host countries, report to the Ministry of Foreign Affairs;

d) To settle complaints, denunciation and handle administrative violations relating to settlement of civil status cases as prescribed by law;

e) To perform other tasks and exercise other powers as provided for by law.

2. Foreign affair officers, consular officers who perform civil status work have responsibility to help representative agencies in implementation of specific tasks and powers as prescribed in clause 1 of this Article, except for denunciation settlement specified in point d, clause a of this Article.

Article 39. Tasks and powers of the Ministry of Public Security

The Ministry of Public Security shall perform the State management over marriage and family with foreign factors as prescribed by law, having the following tasks and powers:

1. To direct and guide the Police Services of the provinces and centrally-run cities assume the prime responsibility for, and coordinate with the provincial justice departments in verifying according to their specialized functions the requested matters in the dossiers of marriage registration as provided for in this Decree; to issue passports in time and create favorable conditions for Vietnamese citizens having their marriages registered, having been recognized as fathers, mothers or children to foreigners, to leave Vietnam when so requested.

2. To direct and take measures to prevent and combat activities of brokerage in marriage for the purpose of seeking profits, acts abusing the marriage, recognition of fathers, mothers, children to seek profits, traffic in, exploit the labor of, or sexually abuse, women and/or children as well as other acts of violating the legislation on marriage and family with foreign factors.

3. To inspect, examine the observance of the legislation on marriage and family with foreign factors according to the provisions of law.

4. To perform other tasks and exercise other powers as provided for by law.

Article 40. Tasks of the ministries, the ministerial-level agencies and the agencies attached to the Government

The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within the scope of their respective functions, tasks and powers, have to coordinate with the Ministry of Justice in performing the State management over marriage and family with foreign factors.

Article 41. Tasks and powers of the provincial People’s Committees

1. The provincial-level People’s Committees shall perform the State management over marriage and family with foreign factors in their respective localities, having the following tasks and powers:

a) To affect the registration of marriages which involve foreign elements, under the provisions of this Decree;

b) To disseminate and educate in the legislation on marriage and family with foreign factors;

c) To make statistics, biannual and annual reports to the Ministry of Justice on the situation of registration of marriage, father, mother or child recognition as well as annotations in registers for marriage, recognition of fathers, mothers or children as prescribed by this Decree; and the situation of observance of the legislation on marriage and family with foreign factors in their respective localities.

d) To ensure necessary conditions for the Woman’s Unions in provinces and centrally-run cities to establish Centers; facilitate for Centers to operate effectively; manage activities of Centers in their respective localities;

dd) To inspect and examine the observance of the legislation on marriage and family with foreign factors in their respective localities; to settle complaints and denunciations and handle administrative violations on marriage and family with foreign factors in accordance with law;

e) To perform other tasks and exercise other powers as provided for by law.

2. The provincial justice departments shall assist the provincial-level People’s Committees in performing the State management over marriage and family with foreign factors in the localities; registration for recognition of fathers, mothers, children; annotations in registers for marriage, recognition of fathers, mothers, children; perform specific tasks and exercise specific powers prescribed in this Decree.

Article 42. The participation on state management over marriage and family with foreign factors of the Central Committee of Vietnam Women’s Union

The Ministry of Justice, the ministries, the ministerial-level agencies and the agencies attached to the Government, the provincial People’s Committees shall ensure for the Central Committee of Vietnam Women’s Union in participation in the State management over marriage and family with foreign factors as prescribed by law. The Central Committee of the Vietnam Women s Union participates in the State management over marriage and family with foreign factors, having the following tasks and powers:

1. To establish Centers as prescribed in this Decree and implement management over activities of Centers.

2. To direct, guider the Woman’s Unions in provinces and centrally-run cities to establish Centers; and implement management over activities of Centers.

3. To direct, guide on organization and operation of Centers.

4. To coordinate with the Ministry of Justice in examination, inspection on organization and operation of Centers.

5. To perform other tasks and exercise other powers as provided for by law.

Chapter 7.

IMPLEMENTATION PROVISIONS

Article 43. Application in special cases

This Decree is applied to register marriage, cognition of fathers, mothers, and children between Vietnamese citizens who have foreign nationality with Vietnamese citizens or with foreigners.

Article 44. Paper required for stateless persons, persons with two or more foreign nationalities, Vietnamese citizens residing in other countries

1. In case this Decree fails to specify for papers issued by competent agencies of other countries, which are used in marriage registration, recognition of fathers, mothers, children of stateless persons, persons with two or more foreign nationalities, these papers shall be defined as follows:

a) For stateless persons, these are papers issued by competent agencies of countries where such person live permanently;

b) For persons with two or more foreign nationalities, these are papers issued by competent agencies of countries where such person have nationality and reside permanently; If such persons do not permanently reside in any of the countries which they bear the nationalities of, they are papers issued by competent agencies of the countries which such persons carry the passports of;

2. For Vietnamese citizens permanently residing abroad, the papers for use in the registration of marriage, father, mother or child recognition as well as annotations in registers for marriage, father, mother or child recognition shall be those issued by competent agencies of the countries where such persons permanently reside or by the representative agencies in those countries.

Article 45. Effect

1. This Decree takes effect on May 15, 2013.

2. To annul the Government’s Decree No. 68/2002/ND-CP, of July 10, 2002 detailing the implementation of a number of articles of the marriage and family law regarding the marriage and family relations with foreign factors (hereinafter called Decree No. 68/2002/ND-CP), the Government’s Decree No. 69/2006/ND-CP, of July 21, 2006, amending and supplementing a number of articles of the Decree No. 68/2002/ND-CP (hereinafter referred to as the Decree No. 69/2006/ND-CP).

3. The dossiers of application for marriage registration, recognition of fathers, mothers, children; annotations in registers for marriage, recognition of fathers, mothers, children, which have been carried out by foreign competent agencies in other countries and received by Vietnam’s competent agencies before this Decree takes effect shall continue to be settled according to the provisions of Decree No.68/2002/ND-CP and Decree No. 69/2006/ND-CP.

The dossiers of granting confirmation on marriage status for Vietnamese citizens living in country used for marriage with foreigners at foreign competent agencies in other countries, which have been received by Vietnam’s competent agencies before this Decree takes effect shall continue to be settled according to the provisions of Decree No. 158/2005/ND-CP dated December 27, 2005 on civil status registration and management and the Government’s Decree No. 06/2012/ND-CP dated February 02, 2012, amending and supplementing a number of articles of Decrees on civil status, marriage and family as well as authentication.

4. The Minister of Justice shall organize implementation of this Decree.

5. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the chairmen of the People’s Committees of all levels, as well as relevant agencies, organizations, and individuals shall implement this Decree.

For the Government

Prime Minister

Nguyen Tan Dung