DECREE
Detailing a number of articles of the Marriage and Family Law regarding marriage
and family relations involving foreign elements
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Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 9, 2000 Marriage and Family Law;
At the proposal of the Minister of Justice,
The Government promulgates the Decree detailing a number of articles of the Marriage and Family Law regarding marriage and family relations involving foreign elements.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree details a number of articles of the Marriage and Family Law regarding marriages between Vietnamese citizens and foreigners, between Vietnamese citizens at least one of whom resides overseas, or between foreigners in Vietnam; the recognition of parent and child between Vietnamese citizens and foreigners, between Vietnamese citizens at least one of whom resides overseas, or between foreigners at least one of whom resides in Vietnam; the grant of marital status certificates to Vietnamese citizens residing in the country to register marriages with foreigners at competent foreign authorities abroad; the recognition of Vietnamese citizens’ marriages already settled at competent foreign authorities abroad; the recording of Vietnamese citizens’ parent and child recognition already settled at competent foreign authorities abroad in civil status books; and the organization and activities of foreign-involved marriage and family counseling and support.
Article 2. Protection of marriage and family relations involving foreign elements
1. In the Socialist Republic of Vietnam, the rights and legitimate interests of parties to marriage and family relations involving foreign elements are respected and protected in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.
2. Taking advantage of marriages or parent and child recognition for the purposes of trafficking in, exploiting the labor of or sexually harassing of women and children or for other profit-seeking purposes is prohibited.
Article 3. Requirement of consular legalization, certification of translator signatures, certification of copies of papers
1. Papers made, issued or certified by competent foreign authorities for settling marriage and family matters prescribed in this Decree must be consularly legalized, unless they are exempted from consular legalization under treaties to which the Socialist Republic of Vietnam is a contracting party or on the reciprocity principle.
Papers made, issued or certified by competent authorities of neighboring countries for settling marriage and family matters prescribed in Chapter IV of this Decree are exempted from consular legalization.
2. The papers specified in Clause 1 of this Article which are in foreign languages must be translated into Vietnamese; such translations must bear certified signatures of the translators as prescribed by law.
Papers made, issued or certified by competent authorities of neighboring countries for settling marriage and family matters prescribed in Chapter IV of this Decree must be translated into Vietnamese, with the translators’ commitment on the accurate translation of their contents, and the translators’ signatures are not required to be certified.
3. Copies of papers in dossiers of request for settling marriage and family matters involving foreign elements and dossiers for registration of the operation of foreign-involved marriage and family counseling and support centers as prescribed in this Decree must be legally certified; if such copies are not certified, their originals must be produced for comparison.
Article 4. Responsibility to archive dossiers and record marriage and family matters involving foreign elements in civil status books
1. Dossiers of marriage and family matters involving foreign elements as prescribed in this Decree must be carefully preserved and archived in accordance with law.
2. The marriage registration or parent and child recognition settled by People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) or Justice Departments of provinces and centrally run cities (below referred to as provincial-level Justice Departments) must be recorded in one civil status book and kept at provincial-level Justice Departments.
The marriage registration or parent and child recognition settled by diplomatic representative missions, consular representative missions and other authorities authorized to perform Vietnam’s consular function abroad (below referred to as representative missions) must be recorded in two civil status books; after closing the books, one book must be kept at the representative mission which performs registration and one book sent to the Ministry of Foreign Affairs for issuance of copies in accordance with law.
3. After settling matters related to marriage registration, parent and child recognition, marriage recognition, or recording of parent and child recognition in civil status books as prescribed in this Decree, provincial-level Justice Departments shall notify such in writing to People’s Committees of communes, wards or townships (below referred to as commune-level People’s Committees) for taking notes in civil status books.
Article 5. Fees
1. Applicants for registration of marriages, recognition of parents and children, grant of marital status certificates, recognition of marriages, or recording of Vietnamese citizens’ parent and child recognition already settled at competent foreign authorities in civil status books under this Decree shall pay fees in accordance with law.
2. Marriage registration and parent and child recognition involving foreign elements in border areas are exempted from fees.
Chapter II
MARRIAGE
Section 1
REGISTRATION OF MARRIAGES
Article 6. Competence to register marriages
1. Provincial-level People’s Committees of localities in which Vietnamese citizens register permanent residence may register marriages between Vietnamese citizens and foreigners or between Vietnamese citizens at least one of whom resides overseas. In case Vietnamese citizens have no or not yet obtained permanent residence registration but have registered temporary residence in accordance with the law on residence, provincial-level People’s Committees of localities in which Vietnamese citizens register temporary residence may register their marriages.
2. In case foreigners request their marriage registration in Vietnam, the provincial-level People’s Committee of the locality in which either of them registers his/her permanent residence may register their marriage; if neither of them has permanent residence registration in Vietnam, the provincial-level People’s Committee of the locality in which either of them registers his/her temporary residence may register their marriage.
3. The representative mission may register marriages between Vietnamese citizens and foreigners provided such registration does not contravene the law of the host country; for Vietnamese citizens residing overseas, the representative mission may register their marriages if they so request.
Article 7. Marriage registration dossier
1. A marriage registration dossier must be made in 1 set, comprising the following papers of each party:
a/ The marriage registration declaration (made according to a set form);
b/ The marital status certificate or marriage registration declaration certifying the marital status of Vietnamese citizen, issued within 6 months counting to the date of dossier receipt; a paper proving the foreigner’s marital status, issued by a competent authority of the country of which he/she is a citizen within 6 months counting to the date of dossier receipt, certifying that he/she is currently single;
In case the law of a foreign country does not prescribe the grant of marital status certificates, such certificate may be substituted by written certification of oath taken by that applicant that he/she is currently single, in accordance with the law of that country;
c/ A certificate issued by a competent Vietnamese or foreign health organization within 6 months counting to the date of dossier receipt, certifying that the applicant does not suffer any mental disease or another disease which makes him/her unable to perceive or control his/her acts;
d/ A copy of one of the applicant’s personal identification papers, such as identity card or passport (for Vietnamese citizens residing in the country), passport or valid substitute paper like laissez-passer or residence card (for foreigners and Vietnamese citizens residing overseas);
dd/ A copy of the household registration book or temporary residence book (for Vietnamese citizens residing in the country), permanent residence card or temporary residence card or temporary residence certificate (for foreigners permanently or temporarily residing in Vietnam).
2. In addition to the papers specified in Clause 1 of this Article, a partner shall, in each case, submit the following papers:
a/ For a Vietnamese citizen currently serving in the armed forces or performing a job directly related to state secrets, he/she shall submit a paper of the central- or provincial-level sector-managing agency or organization certifying that his/her marriage with a foreigner neither affects the protection of state secrets nor contravenes the regulations of such sector;
b/ For a Vietnamese citizen who has been divorced at a competent foreign authority, he/she shall submit a paper certifying that such divorce has been recorded in the civil status book in accordance with Vietnamese law;
c/ For a Vietnamese citizen who concurrently has foreign nationality, he/she shall submit a paper proving his/her marital status, granted by a competent foreign authority;
d/ For a foreigner who does not permanently reside in Vietnam, he/she shall submit a paper granted by a competent foreign authority certifying that he/she is eligible for marriage as prescribed by the law of his/her country;
dd/ For a foreigner who has been divorced from a Vietnamese citizen at a competent foreign authority, he/she shall submit a paper certifying that such divorce has been recorded in the civil status book in accordance with Vietnamese law.
3. Based on specific conditions, the Minister of Justice shall provide the addition of certificates of foreign-involved marriage and family counseling and support centers that Vietnamese citizens have received counseling and support to marriage registration dossiers, aiming to meet the requirements of state management of marriage and family relations involving foreign elements.
Article 8. Procedures for dossier submission and receipt
1. A marriage registration dossier must be submitted by either partner directly to the provincial-level Justice Department, for marriages registered in Vietnam, or to the representative mission, for marriages registered at representative missions.
2. The dossier-receiving officer shall examine papers in the dossier and, if the dossier is complete and valid, make a dossier receipt, clearly indicating the date of interview and the date of appointment for results.
If the dossier is incomplete or invalid, the dossier-receiving officer shall guide the applicant to supplement and complete the dossier, fully and clearly indicating in writing the papers to be supplemented and completed. The dossier-receiving officer shall sign and write his/her full name in this written guidance and hand it over to the applicant. The time limit for settling the marriage registration is counted from the date of receiving a complete and valid dossier and a fee.
In case the applicant submits a dossier at an improper agency as defined in Article 6 of this Decree, the dossier-receiving officer shall guide the applicant to come to a competent agency for dossier submission.
3. The dossier receipt procedures specified in Clause 2 of this Article are also applicable to the receipt of dossiers for registration of parent and child recognition, grant of marital status certificates, recognition of marriages, and recording of parent and child recognition in civil status books under this Decree, except the provision on writing the date of interview.
Article 9. Time limit for settling marriage registration
The time limit for settling marriage registration in Vietnam is 25 days after the provincial-level Justice Department receives a complete and valid dossier and a fee. In case the provincial-level Justice Department requests the police office to verify certain matters as prescribed in Clause 2, Article 10 of this Decree, this time limit may be extended for another 10 working days at most.
The time limit for settling marriage registration at representative missions is 20 days after the representative mission receives a complete and valid dossier and a fee. In case the representative mission requests domestic agencies to verify certain matters as prescribed in Clause 2, Article 13 of this Decree, this time limit may be extended but must not exceed 35 days.
Article 10. Order of settling marriage registration in Vietnam
1. Within 15 days after receiving a complete and valid dossier and a fee, the provincial-level Justice Department shall:
a/ Conduct at its head office an interview directly with both partners to check and clarify their personal identification details, voluntary marriage and level of mutual understanding; and appoint an interpreter when necessary.
The interview results must be made in writing. The interviewer shall clearly state his/her proposals and sign the interview document; the interpreter (if any) shall commit to accurately interpret the interview contents and sign the interview document.
If the interview results show that the two partners do not understand each other’s background, the provincial-level Justice Department shall make another appointment for subsequent interview; the subsequent interview must be conducted 30 days after the first interview.
b/ Study and verify the marriage registration dossier; and conduct verification and clarification if having any doubt or receiving a complaint or denunciation that the marriage is conducted through brokerage for profit-seeking purposes, is sham, or is taken advantage of for human trafficking, or is conducted for other profit-seeking purposes, or when deeming it necessary to verify the personal identification details of both partners or the papers in the dossier.
2. If seeing that the to-be-verified matters fall within the competence of the police office, the provincial-level Justice Department shall send an official letter clearly stating these matters, enclosed with a photocopied marriage registration dossier set (not required to be certified), to the police office of the same level to request verification.
Within 7 working days after receiving the provincial-level Justice Department’s official letter, the police office shall verify the requested matters and send a written reply to the provincial-level Justice Department.
3. After interviewing both partners, studying and examining the marriage registration dossier, and the police office’s opinions (if any), the provincial-level Justice Department shall report the results and propose the settlement of marriage registration to the provincial-level People’s Committee for decision, enclosed with 1 marriage registration dossier set.
Within 5 working days after receiving the provincial-level Justice Department’s proposal enclosed with the marriage registration dossier, if seeing that both partners fully satisfy the marriage conditions and do not fall in the cases of refusal of marriage registration specified in Article 12 of this Decree, the chairperson of the provincial-level People’s Committee shall sign the marriage certificate and return the dossier to the provincial-level Justice Department for holding a marriage registration ceremony.
In case of refusing marriage registration, the provincial-level People’s Committee shall state in writing the reason to the provincial-level Justice Department for notification to both partners.
Article 11. Marriage registration ceremonies in Vietnam
1. Within 5 working days after the chairperson of the provincial-level People’s Committee signs the marriage certificate, the provincial-level Justice Department shall hold a marriage registration ceremony.
2. A marriage registration ceremony must be held solemnly at the head office of the provincial-level Justice Department. Both partners shall appear at this ceremony. A representative of the provincial-level Justice Department shall conduct the marriage registration ceremony and request both partners to state for the last time their intention on voluntary marriage. If they agree to marry each other, the representative of the provincial-level Justice Department shall record the marriage in the marriage registration book and request each partner to sign the marriage certificate and marriage registration book, and hand 1 original marriage certificate to each partner.
3. A marriage certificate is valid from the date the marriage registration ceremony is held under Clause 2 of this Article. The provincial-level Justice Department shall issue copies of the marriage certificate from the marriage registration book at the request of the spouse/s.
4. When both partners request for plausible reasons extension of the time for holding a marriage registration ceremony prescribed in Clause 1 of this Article, such time may be extended but must be within 90 days after the chairperson of the provincial-level People’s Committee signs the marriage certificate. Past this time limit, if both partners fail to come to the marriage registration ceremony, the provincial-level Justice Department shall report such to the chairperson of the provincial-level People’s Committee; the marriage certificate must be kept in the dossier.
If both partners still wish to marry each other, they shall re-carry out the marriage registration procedures.
Article 12. Refusal of marriage registration
1. Marriage registration will be refused in one of the following cases:
a/ One partner or both partners fails or fail to reach the marriage age prescribed by Vietnamese law;
b/ The foreign partner is ineligible for marriage as prescribed by the law of the country of which he/she is a citizen or in which he/she permanently resides, for stateless persons;
c/ The marriage is not voluntarily decided by the partners;
d/ The marriage is deceitful or coerced;
dd/ One partner or both partners is or are married;
e/ One partner or both partners has or have lost civil act capacity;
g/ The partners are lineally descended or are relatives within three generations;
h/ The partners are or used to be adoptive parent and child, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepdaughter, or stepmother and stepson;
i/ The partners are of the same sex (marriage between men or women).
2. Marriage registration will also be refused if the interview, examination and verification results show that the marriage is conducted through brokerage for profit-seeking purposes; is sham not for building a prosperous, equal, progressive, happy and sustainable family; or is taken advantage of for human trafficking, labor exploitation and sexual harassment of women, or is conducted for other profit-seeking purposes.
Article 13. Order of marriage registration at representative missions
1. Within 15 days after receiving a complete and valid dossier and fee, the representative mission shall:
a/ Directly interview both partners at its head office in the same way as prescribed at Point a, Clause 1, Article 10 of this Decree.
b/ Study and examine the marriage registration dossier; and conduct verification and clarification if having any doubt or receiving a complaint or denunciation that the marriage is conducted through brokerage for profit-seeking purposes, is sham, or is taken advantage of for human trafficking, or is conducted for other profit-seeking purposes, or when deeming it necessary to clarify the personal identification details of both partners or verify the papers in the dossier.
c/ If seeing that both partners are eligible for marriage and do not fall in the cases of refusal of marriage registration specified in Article 12 of this Decree, the head of the representative mission shall sign the marriage certificate.
In case of refusing marriage registration, the representative mission shall notify in writing both partners of the reason for the refusal.
2. If seeing that the to-be-verified matters fall within the competence of a concerned domestic agency, the representative mission shall send an official letter clearly stating these matters to the Ministry of Foreign Affairs to request the concerned agency to verify according to its functions.
Within 10 working days after receiving the Ministry of Foreign Affairs’ official letter, the concerned domestic agency shall verify the requested matters and send a written reply to the Ministry of Foreign Affairs for forwarding to the representative mission.
3. A marriage registration ceremony will be held within 5 working days after the head of the representative mission signs the marriage certificate.
4. A marriage registration ceremony must be held solemnly at the head office of the representative mission. Both partners shall appear at this ceremony. A representative of the representative mission shall conduct the marriage registration ceremony and request both partners to state for the last time their intention on voluntary marriage. If they agree to marry each other, the representative of the representative mission shall record such marriage in the marriage registration book and request each partner to sign the marriage certificate and marriage registration book, and hand one original marriage certificate to each partner.
5. A marriage registration certificate is valid from the date the marriage registration ceremony is held under Clause 4 of this Article. The representative mission shall issue copies of the marriage certificate from the marriage registration book at the request of the spouse/s.
6. When both partners request for plausible reasons extension of the time for holding a marriage registration ceremony prescribed in Clause 3 of this Article, such time may be extended but must be within 90 days after the head of the representative mission signs the marriage certificate. Past this time limit, if both partners fail to come to the marriage registration ceremony, the representative mission shall keep the marriage certificate in the dossier.
If both partners still wish to marry each other, they shall re-carry out marriage registration procedures.
Section 2
GRANT OF MARITAL STATUS CERTIFICATES TO VIETNAMESE CITIZENS RESIDING IN THE COUNTRY TO REGISTER MARRIAGES WITH FOREIGNERS AT COMPETENT FOREIGN AUTHORITIES ABROAD
Article 14. Competence to grant marital status certificates
Commune-level People’s Committees of localities in which Vietnamese citizens register permanent residence may grant marital status certificates to such persons to carry out marriage-with-foreigner registration procedures at competent foreign authorities abroad.
In case a Vietnamese citizen has no permanent residence registration or has not yet registered permanent residence but has registered temporary residence under the law on residence, the commune-level People’s Committee of the locality in which he/she registers temporary residence may grant a marital status certificate.
Article 15. Procedures for grant of marital status certificates
1. A dossier for grant of a marital status certificate must be made in 1 set, comprising:
a/ The declaration for grant of marital status certificate (made according to a set form);
b/ A copy of one of the papers proving the applicant’s personal identification, such as identity card, passport or valid substitute paper;
c/ A copy of the applicant’s household book or temporary residence book.
For a Vietnamese citizen who has been divorced at a competent foreign authority, he/she shall submit a paper certifying that such divorce has been recorded in the civil status book under Vietnamese law.
2. The applicant shall submit the dossier for grant of a marital status certificate directly at the competent commune-level People’s Committee as prescribed in Article 14 of this Decree.
3. Within 2 working days after receiving a complete and valid dossier and a fee, the commune-level People’s Committee shall send a written request to the provincial-level Justice Department for opinion, enclosed with 1 dossier set.
4. Within 10 working days after receiving the commune-level People’s Committee’s request, the provincial-level Justice Department shall conduct examination and verification and send a written reply to the commune-level People’s Committee together with the dossier; if refusing settlement, the provincial-level Justice Department shall state in writing the reason to the commune-level People’s Committee for notification to the applicant.
5. Within 2 working days after receiving the provincial-level Justice Department’s written agreement, the chairperson of the commune-level People’s Committee shall sign the marital status certificate and issue it to the applicant.
6. Based on specific conditions, the Minister of Justice shall additionally stipulate interview procedures for the grant of marital status certificates to Vietnamese citizens residing in the country to register marriages with foreigners at competent foreign authorities abroad.
Section 3
RECOGNITION OF VIETNAMESE CITIZENS’ MARRIAGES ALREADY SETTLED AT COMPETENT FOREIGN AUTHORITIES ABROAD
Article 16. Conditions for and form of recognition of Vietnamese citizens’ marriages already settled at competent foreign authorities abroad
1. The marriage between Vietnamese citizens or between a Vietnamese citizen and a foreigner which has been settled at a competent foreign authority in a foreign country in accordance with the law of that country will be recognized in Vietnam if, by the time of marriage, the Vietnamese citizen concerned commits no violation of the Vietnamese law regarding marriage conditions.
If he/she did commit a violation of the Vietnamese law regarding marriage conditions but, by the time of application for marriage recognition, the consequences of that violation have been remedied or the recognition of his/her marriage is beneficial for protecting the interests of women and children, such marriage will also be recognized in Vietnam.
2. The marriage recognition prescribed in Clause 1 of this Article must be recorded in the marriage registration book according to the procedures specified in Article 17 of this Decree.
Article 17. Competence, order and procedures for recording Vietnamese citizens’ marriages already settled at competent foreign authorities abroad in marriage registration books
1. Provincial-level Justice Departments of localities in which Vietnamese citizens register permanent residence may record Vietnamese citizens’ marriages already settled at competent foreign authorities abroad in the marriage registration books (below referred to as recording of marriages in the book). In case a Vietnamese citizen has no permanent residence registration or has not yet registered permanent residence but has registered temporary residence under the law on residence, the provincial-level Justice Department of the locality in which such person registers temporary residence may record his/her marriage in the book.
The representative mission shall write marriages of Vietnamese citizens residing in the receiving country in the book.
2. A dossier for recording a marriage in the book must be made in 1 set, comprising:
a/ The declaration for recording marriage in the book (made according to a set form);
b/ A copy of the marriage certificate, issued by a competent foreign authority;
c/ A copy of one of the papers proving the applicant’s personal identification details, such as identity card, passport or valid substitute paper;
d/ A copy of the applicant’s household book or temporary residence book.
In case of recognizing the marriage between a Vietnamese citizen and a foreigner who has been divorced from a Vietnamese citizen at a competent foreign authority, the applicant shall submit a paper certifying that the divorce which has been carried out abroad has been recorded in the civil status book in accordance with Vietnamese law.
3. Either partner shall submit a dossier for recording a marriage in the book at a competent agency defined in Clause 1 of this Article.
4. The time limit for recording a marriage in the book is 5 working days after the provincial-level Justice Department or representative mission receives a complete and valid dossier and a fee. If verification is required, such time limit may be extended for another 5 working days at most.
If refusing to record a marriage in the book, the provincial-level Justice Department shall issue a written reply to the applicant, clearly stating the reason.
5. After recording a marriage in the book, the director of the provincial-level Justice Department shall sign and issue to the applicant a paper (made according to a set form) certifying that the marriage has been recorded in the civil status book.
Chapter II
RECOGNITION OF PARENTS AND CHILDREN
Section 1
REGISTRATION OF RECOGNITION OF PARENTS AND CHILDREN
Article 18. Conditions for parent or child recognition
1. The parent and child recognition between a Vietnamese citizen and a foreigner, between Vietnamese citizens with at least one of whom permanently residing overseas, or between foreigners with at least one of whom permanently residing in Vietnam under this Decree may be conducted only when the recognizer and the recognizee are alive at the time of dossier submission and such recognition is voluntary and dispute-free.
2. Recognition of a child who is a minor must be consented by his/her current parent except when this parent died, is missing or loses his/her civil act capacity. Recognition of a child who is full 9 years or older must be consented by that child.
3. An adult who recognizes his/her father or mother is not required to obtain the consent of his/her mother or father.
4. The mother or father of a minor who recognizes his/her father or mother shall carry out the recognition procedures for her/his child. The guardian of a minor whose mother or father died, is missing or loses her/his civil act capacity shall carry the procedures to recognize the father or mother for this child.
Article 19. Competence to register recognition of parents and children
1. The provincial-level Justice Department of the locality in which the recognized parent or child registers permanent residence may recognize and register the recognition prescribed in Article 18 of this Decree.
In case the recognized parent or child is a Vietnamese citizen who has no permanent residence registration or has not registered permanent residence but has registered temporary residence in accordance with the law on residence, the provincial-level Justice Department of the locality in which that person registers temporary residence may recognize and register the recognition.
2. The representative mission in the country where a Vietnamese citizen resides may recognize and register a foreigner’s recognition of this person to be parent or child if such recognition is not contrary to the law of that country.
When a Vietnamese citizen residing overseas recognizes another Vietnamese citizen residing overseas to be his/her parent or child, the representative mission of the country where either party resides may recognize and register such recognition.
Article 20. Parent or child recognition dossiers
1. A parent or child recognition dossier must be made in 1 set and comprise:
a/ The declaration for registration of parent or child recognition (made according to a set form);
b/ A copy of the paper proving personal identification such as identity card or passport (for Vietnamese citizens staying in the country), passport or valid substitute paper such as laissez-passer or residence card (for foreigners and Vietnamese citizens staying overseas);
c/ A copy of the birth certificate of the recognized child or parent;
d/ Grounds to prove the parent-child relation (if any);
dd/ A copy of the household registration book or temporary residence book (for Vietnamese citizens staying in the country) or the permanent residence card (for foreigners permanently residing in Vietnam) of the recognized parent or child.
2. The applicant shall submit the parent or child recognition dossier directly at a competent agency defined in Article 19 of this Decree.
Article 21. Time limit for settlement of parent or child recognition
The time limit for settlement of parent or child recognition is 25 days after the provincial-level Justice Department or representative mission receives a complete and valid dossier and a fee.
When verification is required under Clause 3, Article 22, or Point a, Clause 1, Article 23, of this Decree, the above time limit may be extended for another 10 working days at most.
Article 22. Order of settlement of parent or child recognition in Vietnam
1. After receiving a complete and valid dossier and a fee, the provincial-level Justice Department shall study and verify the dossier and post up the application for parent or child recognition at its office for 7 consecutive days and concurrently send a written request for posting such recognition to the commune-level People’s Committee of the locality in which the recognized parent or child permanently resides.
2. Upon receiving the provincial-level Justice Department’s written request, the commune-level People’s Committee shall post up the application for parent or child recognition at its office for 7 consecutive days. If there is a complaint or denunciation about such recognition, the commune-level People’s Committee shall promptly send a report thereon to the provincial-level Justice Department.
3. In case there is any doubt or a complaint or denunciation about the parent or child recognition or when clarification of the personal identifications of the involved parties or papers in the dossier is required, the provincial-level Justice Department shall conduct verification.
4. If finding that the involved parties are eligible for parent or child recognition, the provincial-level Justice Department director shall sign a decision to recognize the parent or child recognition.
In case of refusal, the provincial-level Justice Department shall clearly notify the applicant of the reason.
5. Within 5 working days after the provincial-level Justice Department director signs a decision to recognize the parent or child recognition, unless otherwise requested by the involved parties for a plausible reason, the provincial-level Justice Department shall hand over the decision to recognize the parent or child recognition to the involved parties and record it in the parent and child recognition registration book. The recognizer and recognizee must be present to receive the decision.
Article 23. Order of settlement of parent or child recognition at representative missions
1. Within 20 days after receiving a complete and valid dossier and a fee, a representative mission shall:
a/ Study and appraise the parent or child recognition dossier; and conduct verification in case there is any doubt or a complaint or denunciation about the parent or child recognition or when clarification of the personal identifications of the involved parties or papers in the dossier is required;
b/ If finding that the involved parties are eligible for parent or child recognition, the head of the representative mission shall sign a decision to recognize the parent or child recognition.
In case of refusal, the representative mission shall send to the applicant a notice clearly stating the reason.
2. Within 5 working days after the head of the representative mission signs a decision to recognize the parent or child recognition, unless otherwise requested by the involved parties for a plausible reason, the representative mission shall hand over the decision to recognize the parent or child recognition to the involved parties and record it in the parent and child recognition registration book. The recognizer and recognizee must be present to receive the decision.
Section 2
RECORDING IN THE CIVIL STATUS BOOK OF VIETNAMESE CITIZENS’ PARENT OR CHILD RECOGNITION SETTLED BY COMPETENT FOREIGN AGENCIES
Article 24. Recording in the civil status book of Vietnamese citizens’ parent or child recognition settled by competent foreign agencies
The parent or child recognition between Vietnamese citizens or between foreigners which has been settled by a competent foreign agency shall be recorded in the civil status book under Article 25 of this Decree.
Article 25. Competence, order and procedures to record in the civil status book Vietnamese citizens’ parent or child recognition settled by competent foreign agencies
1. The provincial-level Justice Department of the locality in which a Vietnamese citizen registers permanent residence shall record in the civil status book that citizen’s parent or child recognition which has been settled by a competent foreign agency (below referred to as recording of parent or child recognition). For a Vietnamese citizen who has no permanent residence registration or has not registered permanent residence but has registered temporary residence in accordance with the law on residence, the provincial-level Justice Department of the locality in which that citizen registers temporary residence shall record the parent or child recognition.
The representative mission in the country where a Vietnamese citizen resides shall record that citizen’s parent or child recognition.
2. The time limit for recording the parent or child recognition is 5 working days after the provincial-level Justice Department or the representative mission receives a complete and valid dossier and a fee. If verification is required, this time limit may be extended for another 5 working days at most.
3. The dossier of parent or child recognition recording must be made in 1 set and comprise:
a/ The declaration for recording of parent or child recognition (made according to a set form);
b/ A copy of a competent foreign agency’s paper on endorsement of the parent or child recognition;
c/ A copy of the paper proving the personal identification of the applicant such as identity card, passport or valid substitute paper;
d/ A copy of the household registration book or the temporary residence book of the applicant.
4. The applicant shall submit the dossier of parent or child recognition recording directly at a competent agency defined in Clause 1 of this Article.
5. After recording the parent or child recognition, the provincial-level Justice Department director or the head of the representative mission shall sign and grant a certificate of recording in the civil status book (made according to a set form) to the applicant.
Chapter IV
REGISTRATION OF FOREIGN-INVOLVED MARRIAGE AND PARENT AND CHILD RECOGNITION IN BORDER AREAS
Article 26. Competence to register foreign-involved marriage and parent and child recognition
Commune-level People’s Committees of border areas shall register marriage and parent or child recognition between Vietnamese citizens residing in border areas and citizens of neighboring countries who reside in areas bordering on Vietnam in accordance with this Decree and the law on civil status registration.
Article 27. Order and procedures for marriage registration
1. A marriage registration dossier must be made in 1 set and comprise the following papers of each party:
a/ The declaration for marriage registration (made according to a set form);
b/ Marital status certificate or marriage registration declaration with marital status certification, for Vietnamese citizens; papers proving the marital status issued by competent agencies of neighboring countries, for citizens of neighboring countries.
The papers specified at this Point must be issued within 6 months counting to the date of dossier receipt and the date of certification that the involved parties are single.
For a Vietnamese citizen who has been divorced at a competent foreign agency or a foreigner who has been divorced from a Vietnamese citizen at a competent foreign agency, the certificate of recording of such divorce which has been carried out abroad in the civil status book under Vietnamese law is required.
2. The either partner shall submit the marriage registration dossier directly at the commune-level People’s Committee which registers the marriage.
3. The applicant shall produce the following papers:
a/ The identity card of border inhabitant, for Vietnamese citizens; or a paper proving his/her permanent residence in a border area together with other paper proving the personal identifications for examination, for those having no identity card of border inhabitant;
b/ The personal identification paper or another paper proving his/her permanent residence in an area bordering on Vietnam issued by the neighboring country, for citizens of neighboring countries.
4. Within 15 days after receiving a complete and valid dossier, the commune-level People’s Committee shall verify the dossier and then send a written request for opinion to the provincial-level Justice Department together with a photocopied dossier set (not required to be certified).
5. Within 5 working days after receiving the commune-level People’s Committee’s written request, the provincial-level Justice Department shall consider the dossier and issue a written reply to the commune-level People’s Committee.
In case of refusal of marriage registration, the provincial-level Justice Department shall send a notice clearly stating the reason to the commune-level People’s Committee for notification to both partners.
7. Within 7 working days after receiving the provincial-level Justice Department’s written agreement, the commune-level People’s Committee shall register the marriage as for marriage between Vietnamese citizens under the law on civil status registration.
Article 28. Order and procedures for registration of parent or child recognition
1. A registration dossier of parent or child recognition must be made in 1 set and comprise:
a/ The declaration for parent or child recognition (made according to a set form);
b/ Grounds to prove the parent-child relation (if any).
2. The applicant shall submit the registration dossier of parent or child recognition directly at the commune-level People’s Committee which registers the parent or child recognition and shall produce the papers specified in Clause 3, Article 27 of this Decree for examination.
3. Within 15 days after receiving a complete and valid dossier, the commune-level People’s Committee shall verify the dossier and post up at its office the application for parent or child recognition for 7 consecutive days. Past this time, the commune-level People’s Committee shall send a written request for opinion to the provincial-level Justice Department together with a photocopied dossier set (not required to be certified).
4. Within 5 working days after receiving the commune-level People’s Committee’s written request for opinion, the provincial-level Justice Department shall consider the parent or child recognition dossier and issue a written reply to the commune-level People’s Committee.
In case of refusal of parent or child recognition, the provincial-level Justice Department shall send a notice clearly stating the reason to the commune-level People’s Committee for notification to the applicant.
5. Within 7 working days after receiving the provincial-level Justice Department’s written agreement, the commune-level People’s Committee shall register the parent or child recognition as for parent and child recognition between Vietnamese citizens under the law on civil status registration.
Chapter V
ORGANIZATION AND ACTIVITIES OF FOREIGN-INVOLVED MARRIAGE AND FAMILY COUNSELLING AND SUPPORT
Article 29. Legal status of centers for foreign-involved marriage and family counseling and support
The center for foreign-involved marriage and family counseling and support (below referred to as center) is a non-business unit under the central Vietnam Women’s Union or a provincial-level Women’s Union (below referred to as Women’s Union). The Women’s Union shall issue a decision to establish a center.
Article 30. Principles of foreign-involved marriage and family counseling and support
1. Activities of a center must adhere to the principle of non-profit, contribution to making healthy foreign-involved marriage and family relations and conformity with basic principles of Vietnam’s marriage and family regime and national fine customs and practices.
2. Taking advantage of foreign-involved marriage and family counseling and support for human trafficking, sexual abuse of women or other self-seeking purposes is strictly prohibited.
Article 31. Conditions for establishment of a center
1. To have an operation regulation assuring the non-profit principle approved by the Women’s Union.
2. To have places, equipment and human resources to assure the center’s activities.
3. The expected head of the center has no criminal record.
Article 32. Procedures for operation registration of centers, re-grant of operation registration certificates of centers
1. After its establishment, a center shall register operation at the provincial-level Justice Department of the locality in which it is based.
2. The operation registration dossier of a center must be made in 1 set and comprise:
a/ The declaration for operation registration (made according to a set form);
b/ A copy of the decision on the establishment of the center;
c/ The paper proving the location of the office of the center;
d/ The judicial record card of the expected head of the center, which has been issued within 3 months counting to the date of dossier receipt;
dd/ A copy of the operation regulation prescribed in Clause 1, Article 31 of this Decree.
3. Within 5 working days after receiving a complete and valid dossier, the provincial-level Justice Department shall grant an operation registration certificate (made according to a set form) to a center. In case of refusal, it shall send a notice clearly stating the reason to the Women’s Union establishing that center.
4. A center’s operation registration certificate may be re-granted if it is lost or unusably damaged.
Article 33. Powers and obligations of centers
1. A center has the following powers:
a/ To counsel Vietnamese citizens about matters related to foreign-involved marriage and family under the guidance of the Women’s Union;
b/ To counsel and train Vietnamese citizens in languages, cultures, customs and habits, and the laws on marriage and family and immigration of the countries of persons whom they expect to marry;
c/ To counsel and assist foreigners in learning about the language, culture, customs and habits, and the law on marriage and family of Vietnam;
d/ To assist marriage partners to learn about personal, family and social backgrounds of their partners and other related matters as requested by the partners; to create conditions for the partners to proceed to voluntary, equal, progressive, happy and monogamous marriages;
dd/ To grant certificates to Vietnamese citizens who have received counseling and training under Points a and b, Clause 1 of this Article;
e/ To assist the marriage partners to complete marriage registration dossiers in accordance with law when so requested;
g/ To provide matchmaking for Vietnamese citizens or foreigners wishing to find a foreign or Vietnamese partner for marriage when so requested;
h/ To cooperate with concerned lawful foreign marriage counseling and support organizations in settling matters related to marriage and family between Vietnamese citizens and foreigners in accordance with law;
i/ To receive remunerations to cover operation expenses and payments for other reasonable actual expenses in accordance with law, assuring the non-profit principle;
k/ To change the contents of its operation registration certificate under Article 34 of this Decree.
2. A center has the following obligations:
a/ To operate in compliance with its operation registration certificate;
b/ To publicly announce remuneration levels as prescribed by law;
c/ To keep confidential personal information and materials of parties in accordance with law;
d/ To submit to the inspection and management by the Women’s Union;
dd/ To biannually and annually report on its operation to the Women’s Union and provincial-level Justice Department of the locality in which it registers operation; to irregularly report and provide documents on or explain about matters related to its operation when so requested by competent state agencies;
e/ To submit to the inspection and examination by the central Vietnam Women’s Union, the Ministry of Justice, the provincial-level Justice Department of the locality in which it registers operation, and by other competent agencies in accordance with law;
g/ To send financial statements on its incomes and expenditures related to foreign-involved marriage and family counseling and support activities to the Women’s Union and provincial-level Justice Department of the locality in which it registers operation;
h/ To have other obligations as prescribed by law.
Article 34. Change of contents of operation registration certificates of centers
1. A center wishing to change its name or address of its office shall send a written request for recording of such change together with its operation registration certificate to the provincial-level Justice Department of the locality in which it registers operation.
Within 3 working days after receiving a written request for recording of a change, the provincial-level Justice Department shall record such change and append its seal for certification in the operation registration certificate of the requesting center.
2. For change of the head or operation contents of a center, the Women’s Union shall send to the provincial-level Justice Department of the locality in which the center registers operation a written request clearly stating the purpose, contents and reason for such change, together with the center’s operation registration certificate. For change of the center head, the judicial record card of the replacing head issued within 3 months counting to the date of dossier receipt is required.
Within 5 working days after receiving a complete and valid dossier, the provincial-level Justice Department shall record the change and append its seal for certification in the operation registration certificate. In case of refusal, it shall send a notice clearly stating the reason to the Women’s Union.
Article 35. Termination of operation of centers
1. A center terminates its operation when:
a/ The Women’s Union decides to dissolve the center;
b/ The center is deprived of the right to use its operation registration certificate under the decision of a competent state agency.
2. In case of operation termination under Point a, Clause 1 of this Article, the Women’s Union shall send a notice of such termination to the provincial-level Justice Department of the locality in which the center registers operation at least 30 days before the center terminates its operation. The center shall return its operation registration certificate to the provincial-level Justice Department of the locality in which its registers operation.
3. In case of operation termination under Point b, Clause 1 of this Article, the provincial-level Justice Department or another competent agency shall send to the Women’s Union the decision to deprive the right to use the operation registration certificate at least 30 days before the date the center is forced to terminate its operation.
4. Before the date of operation termination, the center shall pay its debts (if any) to related organizations and persons and settle matters related to its operation termination; and send a report to the Women’s Union and the provincial-level Justice Department of the locality in which its registers operation.
Chapter VI
STATE MANAGEMENT OF FOREIGN-INVOLVED MARRIAGE AND FAMILY
Article 36. Tasks and powers of the Ministry of Justice
The Ministry of Justice shall take responsibility before the Government for the uniform state management of foreign-involved marriage and family nationwide and has the following tasks and powers:
1. To elaborate and propose competent state agencies to promulgate or promulgate according to its competence legal documents on foreign-involved marriage and family.
2. To guide provincial-level People’s Committees and coordinate with the Ministry of Foreign Affairs in directing and guiding representative missions in implementing the law on foreign-involved marriage and family; and disseminating and educating the law on, and settling matters related to, foreign-involved marriage and family in accordance with law.
3. To uniformly issue civil status registration books and forms prescribed in this Decree.
4. To inspect and examine the implementation of the law on foreign-involved marriage and family; to settle complaints and denunciations in accordance with law; to handle administrative violations of regulations on foreign-involved marriage and family in accordance with law.
5. To make statistics on marriage registration; and parent and child recognition; to grant marital status certificates; to record marriages and parent and child recognition under this Decree.
6. To carry out international cooperation in foreign-involved marriage and family in accordance with law.
Article 37. Tasks and powers of the Ministry of Foreign Affairs
The Ministry of Foreign Affairs shall perform the state management of foreign-involved marriage and family in accordance with law and has the following tasks and powers:
1. To direct representative missions in implementing the law on foreign-involved marriage and family and in civil status registration operations; to take measures to protect the rights and legitimate interests of overseas Vietnamese in marriage and family relations in accordance with the laws of host countries and treaties to which Vietnam is a contracting party.
2. To direct representative missions in making statistics and annually reporting on marriage registration; parent and child recognition; recording of marriages and parent and child recognition falling under the competence of representative missions as prescribed by this Decree.
To summarize statistics and annually report on marriage registration; parent and child recognition; recording of marriages and parent and child recognition falling under the competence of representative missions for sending to the Ministry of Justice.
3. To update and provide basic information on the laws, cultures, customs and habits of host countries as a basis for guiding public information and counseling work at home.
4. To inspect and examine representative missions in the implementation of the law on foreign-involved marriage and family; to settle complaints and denunciations in accordance with law; to handle administrative violations of regulations on foreign-involved marriage and family in accordance with law.
5. To settle according to its competence external-relation matters arising in the implementation of treaties on marriage and family to which Vietnam is a contracting party.
6. To issue copies of marriage certificates and decisions on recognition of parent or child recognition from the original books in accordance with law.
7. To have other tasks and powers as prescribed by law.
Article 38. Tasks and powers of representative missions
1. Representative missions shall perform the state management of marriage and family and have the following tasks and powers:
a/ To register marriages and parent and child recognition; to record in books marriages and parent and child recognition in accordance with the laws of host countries and treaties to which Vietnam is a contracting party;
b/ To make statistics and biannually and annually report to the Ministry of Foreign Affairs on marriage registration and parent and child recognition; and recording of marriages and parent and child recognition falling under the competence of representative missions as prescribed by this Decree;
c/ To update basic information on the laws, cultures, customs and habits of host countries and report to the Ministry of Foreign Affairs;
d/ To settle complaints and denunciations and handle administrative violations related to the settlement of civil status matters in accordance with law;
dd/ To have other tasks and powers as prescribed by law.
2. Diplomatic and consular public employees in charge of civil status affairs shall assist representative missions in performing the tasks and powers specified in Clause 1 of this Article, except the settlement of denunciations prescribed at Point d, Clause 1 of this Article.
Article 39. Tasks and powers of the Ministry of Public Security
The Ministry of Public Security shall perform the state management of foreign-involved marriage and family in accordance with law and has the following tasks and powers:
1. To direct and guide provincial-level public security offices in assuming the prime responsibility for, and coordinating with provincial-level Justice Departments in, verifying according to their specialized functions matters required in marriage registration dossiers under this Decree; to promptly grant passports and facilitate the exit from Vietnam of Vietnamese citizens having registered marriages or being recognized as parents or children when so requested.
2. To direct and take measures to prevent and fight matchmaking activities and taking advantage of marriage or parent or child recognition for self-seeking purposes, human trafficking, labor exploitation, sexual abuse of women and children and other acts violating the law on foreign-involved marriage and family.
3. To inspect and examine the implementation of the law on foreign-involved marriage and family in accordance with law.
4. To have other tasks and powers as prescribed by law.
Article 40. Tasks of ministries, ministerial-level agencies and government-attached agencies
Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their functions, tasks and powers, coordinate with the Ministry of Justice in performing the state management of foreign-involved marriage and family.
Article 41. Tasks and powers of provincial-level People’s Committees
1. Provincial-level People’s Committees shall perform the state management of foreign-involved marriage and family in their localities and have the following tasks and powers:
a/ To register foreign-involved marriages under this Decree;
b/ To disseminate and educate about the law on foreign-involved marriage and family;
c/ To make statistics and biannually and annually report to the Ministry of Justice on marriage registration and parent and child recognition; recording of marriages and parent and child recognition under this Decree; and the implementation of the law on foreign-involved marriage and family in their localities;
d/ To assure necessary conditions for provincial-level Women’s Unions to establish centers; to create conditions for centers to operate effectively; to manage activities of centers in their localities;
dd/ To inspect and examine the implementation of the law on foreign-involved marriage and family in their localities; to settle complaints and denunciations and handle administrative violations of regulations on foreign-involved marriage and family in accordance with law;
e/ To have other tasks and powers as prescribed by law.
2. Provincial-level Justice Departments shall assist provincial-level People’s Committees in performing the state management of foreign-involved marriage and family in their localities; register parent and child recognition; record in books marriages and parent and child recognition; and perform specific tasks and powers prescribed in this Decree.
Article 42. Participation in the state management of foreign-involved marriage and family by the central Vietnam Women’s Union
The Ministry of Justice, ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall assure the law-prescribed participation in the state management of foreign-involved marriage and family by the central Vietnam Women’s Union. The central Vietnam Women’s Union shall participate in the state management of foreign-involved marriage and family and has the following tasks and powers:
1. To establish centers in accordance with this Decree and manage their activities.
2. To direct and guide provincial-level Women’s Unions in establishing centers and managing their activities.
3. To direct and guide the organization and activities of centers.
4. To coordinate with the Ministry of Justice in examining and inspecting the organization and activities of centers.
5. To have other tasks and powers as prescribed by law.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 43. Application of the Decree in special cases
This Decree also applies to the registration of marriages and parent and child recognition between Vietnamese citizens bearing foreign citizenship and Vietnamese citizens or foreigners.
Article 44. Papers for stateless persons, persons with dual or multiple foreign citizenship and overseas Vietnamese
1. In case this Decree does not specify the papers issued by competent foreign agencies which are used in the registration of marriages or parent or child recognition of stateless persons, persons with dual or multiple foreign citizenship, these papers are specified as follows:
a/ For a stateless person, the paper issued by a competent agency of the country or place in which that person permanently resides;
b/ For a person with dual or multiple foreign citizenship, the paper issued by a competent agency of the country of citizenship of that person in which that person permanently resides. For a person who does not permanently reside in any of the countries of his/her citizenship, the paper issued by a competent agency of the country which grants his/her passport.
2. For a Vietnamese citizen residing abroad, the papers used in marriage registration or parent or child recognition; recognition of marriage; or recording of parent or child recognition are those issued by competent agencies of the country in which that person resides or by the representative mission in that country.
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 a number of articles of the Law on Marriage and Family regarding marriage and family relations involving foreign elements (below referred to as Decree No. 68/2002/ND-CP) and the Government’s Decree No. 69/2006/ND-CP of July 21, 2006, amending and supplementing a number of articles of Decree No. 68/2002/ND-CP ((below referred to as Decree No. 69/2006/ND-CP).
3. Dossiers of request for marriage registration; parent or child recognition, recording of marriages or parent or child recognition settled overseas by competent foreign agencies and received by competent Vietnamese agencies before the effective date of this Decree shall be settled under Decree 68/2002/ND-CP and Decree No. 69/2006/ND-CP.
Dossiers for grant of marital status certificates to Vietnamese citizens residing in the country to be used for registration of marriage with foreigners at competent foreign agencies overseas which were received by competent Vietnamese agencies before the effective date of this Decree shall be settled under the Government’s Decree No. 158/2005/ND-CP of October 27, 2005, on registration and management of civil status, and the Government’s Decree No. 06/2012/ND-CP of February 2, 2012, amending and supplementing a number of articles of decrees on civil status, marriage and family, and certification.
4. The Minister of Justice shall organize the implementation of this Decree.
5. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, organizations and persons shall implement this Decree.-