Decree No. 24/2013/ND-CP dated March 28, 2013 of the Government promulgating the implementation of some Articles of the Law on Marriage and Family on relations of marriage and family with foreign factors

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ATTRIBUTE

Decree No. 24/2013/ND-CP dated March 28, 2013 of the Government promulgating the implementation of some Articles of the Law on Marriage and Family on relations of marriage and family with foreign factors
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Official number:24/2013/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:28/03/2013Effect status:
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Fields:Marriage and family

SUMMARY

SHORTEN THE TIME FOR MARRIAGE REGISTRATION WITH FOREIGNERS

On March 28, 2013, the Government issued the Decree No. 24/2013/ND-CP promulgating the implementation of some Articles of the Law on Marriage and Family on relations of marriage and family with foreign factors.

This Decree promulgates 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. Only one party is requested to apply dossier directly at the Department of Justice if having marriage registration in Vietnam or representative agencies if having marriage registration on representative agencies (two parties must present in the old regulations).

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 department’s 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.

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.

This Decree takes effect May 15, 2013 and replaces the Decree No. 68/2002/ND-CP dated July 10, 2002.

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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.

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