The Decree 126/2014/nd-Cp: Detailing A Number Of Articles And Measures For Implementation Of The Law On Marriage And Family

Original Language Title: Nghị định 126/2014/NĐ-CP: Quy định chi tiết một số điều và biện pháp thi hành Luật Hôn nhân và gia đình

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THE GOVERNMENT.
Number: 126 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 31, 2014

DECREE

The regulation details some things and measures the Act of Marriage and Family.

________________________

Government Law Base December 25, 2001;

The Marriage and Family Law Base June 19, 2014;

On the recommendation of the Minister of Justice,

The government issued a decree regulating certain things and the implementation of the Marriage and Family Law.

Chapter I

CUSTOM RANGE, VOLUME APPLICATION

ABOUT MARRIAGE AND FAMILY.

What? 1. The adjustment range

The decree detailed the application of the collection of marriages and families, the property of the wife's wealth, which settled the affairs of marriage and the family with foreign elements and some law enforcement and marriage laws.

What? 2. Principles of Applying

1. The set to be applied must be the treatment rule in accordance with the regulation at paragraph 4 Article 3 of the Marriage and Family Law.

2. The application of the exercise must follow the conditions prescribed at Article 7 of the Marriage and Family Law.

3. Respect the agreement of the parties to the set applied.

What? 3. The Agreement on Centring

1. Regulation of parties without agreement at Clause 1 Article 7 of the Marriage and Family Law is understood as the parties do not have agreements on the application of the volume and also no other agreement on the case, the need to be resolved.

2. The case of the parties with the agreement on the set of the assembly shall be imposed on that agreement; if the parties do not have the agreement, the resolution is due to be specified at Article 4 of this decree.

What? 4. The resolution, the marriage and the family apply to the practice

1. The case of the resolution, the marriage and the family to apply the practice, to do mediation under the rule of reconciliation law at the facility, which encourages the mediation of the charismatic community in the community, the religious function.

2. The case of reconciliation is not successful or the case, the marriage and the household apply to a non-conceit, the Court of Resolution, that is, in accordance with the provisions of the law of civil litigation.

What? 5. Proclamation, People ' s advocacy of exercise application

1. The ministries, the relevant sector and the People ' s Committee of the Coordination in Coordination with the Vietnam Fatherland Front build, implement the following policies, the following measures:

a) Create a condition for the people to implement the laws of marriage and family law; traditional development, good practices demonstrate the identity of each ethnic group, erstwhile the rest of their marriages and families;

b) Increased the propaganda, dissembling the law on marriage and family, campaigning for traditional people in the traditional, good practice, and eradication of the outdated and family-of-family practice;

c) Education of the younger generation of conservation, language development, writing, and the development of cultural values in the good practice of each ethnic group.

2. The backward practice of marriage and family is left-volume with the basic principles of the marriage regime and the family stipulated at Article 2 of the Marriage and Family Law or violation of the regulation clause in Clause 2 Article 5 of the Marriage and Family Law.

It is accompanied by this Decree, the category of marriages of marriages and families who need to campaign to remove or ban the application.

What? 6. The responsibility for building catalog construction is applied.

1. In the three-year period since the date of the decree comes into effect, the Provincial People 's Committee, the Central City Committee (later called the Provincial People' s Committee) is responsible for construction, the People ' s Assembly on the same level approp. marriage and family are applied locally.

2. Based on the practice of applying the practice of marriage and local family, the People ' s Provincial Committee of the Council of People's Assembly on the same amendment, supplemally of the group's portfolio has issued.

Chapter II

HUSBAND AND WIFE ' S PROPERTY

Item 1

GENERAL REGULATION

What? 7. Apply the property regime by statutory spouse.

The property regime of the statutory spouse applied in the case of a spouse does not choose to apply the property regime under the agreement or have a deal on the property regime but the agreement is declared disabled by the Court in accordance with Article 50 of the law. Marriage and Family Law.

What? 8. The third person is not immediately when it is established, carrying out the transaction with his wife, the husband associated with bank accounts, securities accounts, other animals that follow the rule of law not to register for ownership.

The third person to be established, carrying out the transaction with his wife, the husband involved in bank accounts, the securities account, the other property that by the rule of law not to register for ownership, is deemed uneven in the following circumstances:

1. Having been a wife, the husband provides information under the regulation at Article 16 of this Decree that remains established, carrying out the contrary transaction with those information;

2. The spouses have publicly agreed upon the rule of the law that is involved in the possession, use, property and the third person who knows or must know but remains, making deals contrary to the husband's agreement.

Item 2

THE PROPERTY OF THE LAW BY LAW

What? 9. Other legal income of his wife, husband during marriage

1. The bonus, the prize money, the allowance, minus the specified case at paragraph 3 Article 11 of this decree.

2. The property that the wife, the husband is determined to possess according to the rule of the Civil Code to the owner, the hidden object, is sunk, the animal is dropped, forgotten, the cattle, the lost poultry, the domestic pets.

3. Other legal income according to the rule of law.

What? 10. Flowers, profits arise from his wife ' s own property, husband

1. The profit comes from the wife ' s own property, the husband is the natural product that his wife, husband gains from his own property.

2. The yield comes from the wife ' s own property, the husband is the benefit of which the wife, husband proceeds from the exploitation of his own property.

What? 11. Other private property of his wife, husband by law of law

1. Property rights to the intellectual property subject according to the regulation of the intellectual property law.

2. The property that the wife, the husband established its own possession by the verdict, the Court ' s decision or other competent authority.

3. The allowance, preferable to which the wife, husband is admitted to the rule of law on the preferable person with the revolution; other property rights associated with the wife of the wife, husband.

What? 12. Subscription of the common property of the spouse

1. The general property of the spouse must register as stipulated at Article 34 of the Marriage and Family Law that includes the right to use the land, the other assets under which the law rules must register for use, ownership.

2. For the general property of the spouse who has been registered and named either a wife or husband the wife, the husband has the right to ask the authority to grant a license to grant ownership certificates, the right to use the land to name both the wife and the husband.

3. In case the general property is divided during the marriage period in which in the certificate of ownership, the certificate of use of the land by the name of both the wife and the husband is divided the property by the right item with the right to request a licensed property registry. The certificate of ownership, the certificate of use of the land on the basis of the agreement of the spouse's agreement or the Court's decision on the division of the common property.

What? 13. Occupation, use, intend to win the common property of the spouse

1. The possession, the use, the joint asset seizure by the wife of the agreement. In the case of spouse or husband, the practice of dealing with the common property to meet the essential needs of the family is considered to have the consent of the other party, except for the case stipulated at Clause 2 Article 35 of the Marriage and Family Law.

2. In the case of a wife or husband who decides to win a common property in Clause 2 Article 35 of the Marriage and Family Law, the other party has the right to ask the Court to declare an inefficient transaction and address the legal consequences of the disabled transaction.

What? 14. The consequences of sharing the common property of spouses during the marriage period

1. The split of the joint assets of the spouses during the marriage period did not end the property regime of the statutory spouse.

2. Since the time of the split of the spouse ' s joint assets is in effect, if the spouse has no other agreement, the property is divided; the profit, the yield arise from that property; the benefit, the yield arise from other private property of his wife, the husband being his own property. of your wife, husband.

3. Since the time of the split of the spouse 's joint assets in effect, if the property is obtained from the exploitation of the spouse' s own property, the husband without identifying it is the income due to labor, production activities, the spouse ' s business, the husband or the benefit. Born from a private property, a shared possession of a husband's wife.

Section 3

THE WIFE ' S WEALTH REGIME UNDER THE AGREEMENT

What? 15. Define the spouse ' s assets under agreement

1. The case of choice applies to the spouse ' s property under the agreement, the spouses may make an agreement on determining the property according to one of the following contents:

a) The property between wife and husband includes joint property and private property of his wife, husband;

b) Between his wife and her husband without the property of his wife, the husband in which all the property is due to his wife, her husband before marriage or during the marriage period are in common property;

c) Between the wife and the husband without the common property that all the property due to his wife, her husband before marriage and during the marriage period is owned by his own possession;

d) Identilocate by the other agreement of the spouse.

2. The agreement on the property of the spouse must be consistent with the regulation at Articles 29, 30, 31 and 32 of the Marriage and Family Law. If the breach, the person with the right, the relevant interest has the right to ask the Court to declare the title agreement by regulation at Article 50 of the Marriage and Family Law.

What? 16. Provide information on the property regime of the spouse under the agreement in trading with the third person.

The case of a spouse ' s property in accordance with the agreement applied, when established, carrying out the wife transaction, the husband is obliged to provide the third person to know the relevant information; if the wife, the husband violates this obligation, the third is considered. You know, right now and protected by the rules of the Civil Code.

What? 17. Modified, the contents of the property regime of the spouse.

1. In the event that the asset regime of the spouse under the agreement applies then during the marriage period, the spouses have the right to a revised agreement, add part or whole contents of that asset regime or apply the statutory asset regime.

2. The revised agreement, the addition of the contents of the property regime of the spouse to be recognized or corroborated by the rule of law.

What? 18. The consequences of the amendment, the addition of the contents of the husband ' s wealth regime

1. The revised agreement, the addition of the content of the spouse ' s property to effect from the date of the testimony or endorsement. The wife, whose husband is obliged to provide a third person to know about the relevant information prescribed at Article 16 of this decree.

2. Rights, the obligation on the property that was born before the time of the amendment, the addition of the property regime of the spouse to the effect still has legal value, except for the case of other agreements.

Chapter III

MARRIAGE RELATIONS AND FAMILIES HAVE A FOREIGN ELEMENT.

Item 1

MARRIAGE REGISTRATION

What? 19. Registration for marriage

1. The Provincial People ' s Committee, which registers the permanent registration of Vietnamese citizens, performs a marriage registration between Vietnamese citizens with foreigners, among Vietnamese citizens who at least one side settled abroad.

The Vietnamese citizenship case does not have a permanent residence, but there is a temporary registration place under the rule of residence law, the Provincial People's Committee, where the Vietnamese citizen's temporary registration is committed to marriage registration.

2. The case of foreigners who require registration of marriage together in Vietnam, the Provincial People ' s Committee, where the permanent registration of one of the two parties, performs a marriage register; if both parties do not register for permanent residency in Vietnam the Committee of Human Services. the provincial population, where the temporary registration of one of the two parties made the marriage registration.

3. The diplomatic representative body, the consul and other agency that was authorized to carry out the consugability function of Vietnam abroad (later known as the Representative Agency) to implement a marriage registration between Vietnamese citizens with foreigners, if the job is done. That registry is not contrary to the law of the country.

In the case of foreign nationals residing abroad, the Representative Agency performs marriage registration, if required.

What? 20.

1. The marriage registration record is set up to 01 sets, including the following papers:

a) The declaration registers the marriage of each party according to the prescribed pattern;

b) The certificate of marital status or the declaration of a marriage registration has confirmed that the status of a union of Vietnamese citizens is granted less than 6 months, as of the date of the filing; the document proves the status of a foreigner's marital status due to the authorities. the right of the country to whom it is a citizen who has not been granted for 6 months, as of the date of the filing, confirmed that it is the person who has no wife or no husband. The law of foreign law does not stipulate the granting of a marriage certificate, but instead of the person's oath of the oath, whether there is no wife or no husband, in accordance with the law of the country;

c) The certificate of the medical organization with the jurisdiction of Vietnam or abroad issued less than 6 months, as of the date of the filing, confirming that person does not have a mental illness or other disease without the ability to perceive, master his behavior;

d) For Vietnamese citizens who divorced at the authority of foreign authority, foreigners divorced from Vietnamese citizens at a foreign authority ' s authority to file a certificate in the divorce case was settled in the country. besides the rules of the law of Vietnam;

A copy of the passport or temporary book (for Vietnamese citizens residing in the country), permanent or temporary card or temporary certificate (for foreigners residing or residing in Vietnam to marry).

2. In addition to the prescribed papers at this 1 Article, depending on the case, on the south side, the woman must submit the following corresponding papers:

a) For Vietnamese citizens who are serving in the armed forces or are working directly related to state secrets, the agency ' s confirmation of the agency, the central level management organization or the provincial level, confirms that the person is connected to the public. kiss with foreigners who do not affect state secret protection or not against the regulation of that sector;

b) For Vietnamese citizens who also have foreign nationality, there must be a proof of marital status by the authorities of foreign authority;

c) For foreigners who do not usually reside in Vietnam, it has to be obtained to confirm that the person is eligible to marry because of the authority of the state by which the person is a citizen, except that the law of the country does not specify a certificate of confirmation. Hey.

What? 21. Procedulation, reception

1. The registration registration is married by either side of the marriage directly in the Department of Justice, if registration is married in Vietnam or the Representative Agency, if registration is married at the Representative Agency.

2. The officer recepts the case to check the documents in the file, if the file is full and valid, the report receives the case, clear the date of the interview and the return date.

The case case is incomplete, not valid, the officer recepts the male to the south, the additional, the addition. The instruction must be written to the text, which is fully writable, explicitly the type of paper that needs additional, finer; the cadet receives the signature profile, specify the name and hand it to the applicant.

If the person who requested to file a case is not required by the prescribed authority at Clause 1 Article 19 of this decree, the officer receives the case responsible for instruct that person to the authorities to file a case.

3. The procedure of receiving the prescribed profile at paragraph 2 is also applied when receiving the registration of the parent, mother, child, the certificate of marriage status, recognizing the marriage, writing to the checkbook, the parent, the child, writing in the divorce book. kiss, the annulled of the marriage of the law has been settled abroad as defined by this decree, except for the provision of an interview date.

What? 22. The deadline for registration of marriage registration

1. The deadline for the registration of a marriage registration in Vietnam is no more than 25 days, since the Day of the Justice Department receives enough valid records and fees.

The case of the Justice Department requires the agency to verify that it is specified in paragraph 2 Article 23 of this decree, which lasts no more than 10 days.

2. The deadline for the settlement of the marriage registration at the Agency represents no more than 20 days, since the day the agency represents enough valid records and fees.

The Agency for the Agency to represent the body in the country is determined by regulation at paragraph 2 Article 25 of this decree, which is extended to no more than 35 days.

What? 23. sequencing of the marriage registration in Vietnam

1. In the 15-day period, since the date of the filing, the Justice Department is responsible:

a) Direct interview two men, women at the headquarters of the Justice Department to examine, make clear about the character, marriage voluntary, purpose of marriage and the level of understanding of the two men, women of family circumstances, individual circumstances of each other; in terms of language, customs, practice, etc. There ' s a culture, culture, marriage law, and the families of each country. The case needs the translator to do an interview, the Department of Justice defines the translator.

The results of the interview must be established. The interview officer must specify his proposed opinion and sign the name in the interview text; the translator (if any) must commit the correct translation of the interview and sign the name to the interview text;

b) If the interview results indicate that the two parties are not yet aware of each other's circumstances, the Justice Department dates back to reinterview; the reinterview is done in the 30-day period, since the previous interview;

c) Research, the case of registration of marriage registration; the case of question or complaint, denouncing the marriage through an environment aimed at making words, false marriages, the use of marriage to the purchase of people, exploitation of labor, sexual exploitation, marriage, and marriage. For other purposes, or whether there is a problem to be made clear about the male relatives, the women, or the papers in the marriage records, the Justice Department is clear.

2. The case found the issue to verify the function of the public office, the Justice Department has a written statement stating that the issue needs to be verified, accompanied by a registration of the marriage registration filing sent to the public office on the basis of a verification proposal.

In the seven-day period of work, since the date of the receiving of the Office of the Justice Department, the public body verititiated the issue required and answered by writing to the Department of Justice.

If the expiration of the statute of limitations on this Article, the public office has no reply, the Department of Justice is still completing the case, suggesting that the Chairman of the Provincial Committee for the Provincial People's Committee to review, decide, in which clear the issue has asked the public authorities. An ID.

3. After the execution of two-party interviews, women, the study, the marriage records judge, the opinion of the public body (if any), the Department of Justice reports the results and the proposal to address the marriage registration, the Provincial People ' s Committee decided, accompanied by a new set of records. Sign up for marriage.

During the 5-day period of work, since the date of receiving the official text of the Department of Justice and the marriage registration profile, if two men are found, the woman meets the eligible marriage conditions, not the case of refusing to register the marriage stipulated at Article 26 of the Decree. The Chairman of the People's Committee signs the marriage certificate and returns records to the Department of Justice to host the marriage registration.

In the case of refusing to register the marriage, the Provincial People ' s Provincial Committee has the text stating the reason to send the Department of Justice to inform the two men, women.

4. In the case of a marriage between Vietnamese citizens who settled abroad, marriages between foreigners and foreigners in Vietnam do not apply for a prescribed interview.

What? 24.

1. During the 5-day period of work, since the date of the Chairperson of the Provincial People ' s Provincial Committee signs the marriage certificate, the Justice Department holds the marriage registration ceremony.

2. The marriage registration ceremony is held on a solemn event at the headquarters of the Department of Justice.

When the marriage ceremonies are married, the two sides, women must be present. The Chief Justice Department presided over the ceremony, demanding that the two sides assert their voluntary marriage. If the two parties agree to marry, the Justice Department is to represent the marriage register, requiring each party to sign the marriage certificate, the Marriage Register, and give it to each side of his wife, her husband.

3. The marriage certificate is valid since the date of the marriage registration ceremony in accordance with Article 2 of Article 2.

The granting of a copy of the marriage certificate from the Marriage Register is required by the Department of Justice.

4. The case has a legitimate reason that the two sides, women who request to renew the time for the marriage registration stipulate in Clause 1 This is renewed the date of the marriage registration date, but not more than 90 days, since the date of the Chair of the People ' s Committee. He signed the marriage certificate. At the end of the 90-day period on which the two sides, the women did not come to the marriage registration organization, the Justice Department reported the Chairperson of the Provincial People's Committee on the non-organization of the marriage registration ceremony; the marriage certificate was filed in the filing.

In case the two parties still want to get married, they have to redo the marriage registry from the beginning.

What? 25. Registration is married at the Agency.

1. In the 15-day period, since the date of receiving enough valid records and fees, the Representative Authority is responsible:

a) Make a direct interview at the Headquarters of the Agency representing the two sides of the male, female as the order, the procedure stipulated at Point a, point b 1 Article 23 of this decree;

b) Research, the case of registration of marriage registration; the case of question or having a complaint, denouncing the marriage through an environment aimed at making words, false marriages, the use of marriage to the purchase of people, exploitation of labor, sexual trespassing, marriage, and marriage. For other purposes, or if there is a problem that should be made clear about the people of the south, the women, or the papers in the marriage records, the Agency represents the verification;

c) If the male and male parties are found, the female response is eligible for marriage, not in the case of refusing to register for a marriage stipulated at Article 26 of this decree, the head of the representative body to sign the marriage certificate.

In the case of refusing to register the marriage, the Representative Agency has a written notice for the two sides, the female, which states the reason for refusing.

2. The case found that there was a problem requiring verification of the functioning of the authorities in the country, the Office of the Representative had a written statement stating the issue needed to verify, send the Ministry of Foreign Affairs to request the agency to verify in specialized function.

During the 10-day period of work, since the date of receiving the text of the Ministry of Foreign Affairs, the visible agency in the country imples verification of the problem required and responded by text to the State Department to transfer to the Representative Agency.

3. The marriage registration ceremony was held during the 5-day period of work, since the day the head of the Agency represents the marriage certificate.

The marriage registration ceremony was held on a formal basis at the headquarters of the agency. When the registration ceremony is married to two men, women must be present. The representative representative of the presiding officer, demanded that the two sides assert their voluntary marriage. If the two parties agree to a marriage, the representative body of the Representative of the Agency for marriage is to be married to the marriage register, requiring each party to sign the marriage certificate, the Marriage Register, and giving it to each side of his wife, her own husband, her 01.

4. The marriage certificate is valid since the date of the marriage registration ceremony in Article 3 of this Article 3. The granting of a copy of the marriage certificate from the Marriage Register is required by the Representative Agency.

5. The case for the main reason that the two sides, the female requirement to renew the time for the marriage registration stipulation in Clause 3 This is to be renewed the date of the marriage registration ceremony but not more than 90 days, since the day the head of the Agency represents marriage. Signed a marriage certificate.

At the end of this period, the two men are not married to the marriage registry, and the marriage certificate is no longer valid, the Representative Agency saves the marriage certificate in the filing.

In case the two parties still want to get married, they have to redo the marriage registry from the beginning.

What? 26. refused to register for marriage

1. The Agency with the authority to register marriage refuses to register to marry in the following cases:

a) One or both sides are not eligible to marry under the provisions of the Vietnam Marriage and Family Law;

b) To the foreign citizens who are not eligible to be married in the law of the kingdom, which he is a citizen;

c) In the south, the woman does not provide sufficient provisions in accordance with provisions at Article 20 of this decree.

2. The registration of marriage is denied if the results of the interview, the appellate, verify that the marriage through the brokerage aims; marriage is not intended for the purpose of building the family no warmth, equality, progress, happiness, sustainability; benefit. Marriage aims to purchase human rights, exploitation, sexual exploitation, or for other purposes.

Item 2

THE PAPER LEVEL CONFIRMS MARITAL STATUS.

VIETNAMESE CITIZENS RESIDING IN THE COUNTRY TO REGISTER

SIGNING MARRIED TO FOREIGNERS AT THE AGENCY

THERE IS FOREIGN AUTHORITY ABROAD.

What? 27. Authorit-state jurisdiction confirms marital status

The People's Committee of the People's Republic of Vietnam, where the permanent registration of the citizens of Vietnam has issued a certificate of marriage status to the person in order to register marriages with foreigners in foreign jurisdiction abroad.

The case of citizens of Vietnam has no permanent registration but has a temporary registration under the rule of residence law, the People's Committee of the People's Committee, where the person's temporary registration exercises the identification of a marriage status.

What? 28. The procedure of issuing a certificate of marriage

1. Record-level filing confirmed the marital status is set up to 01 sets, including the following papers:

a) The declaration issued a certificate of marital status according to the prescribed pattern;

b) A copy of one of the papers to demonstrate on the person such as the Prostitution of the People, Pasship or an alternate valid paper;

c) The passport copy or temporary window of the requested person.

The case for Vietnamese citizens to divorce from a foreign authority must file a certificate in the divorce case of the divorce, which has been settled abroad according to the provisions of Vietnamese law.

2. Record-issued records confirm the marital status by the person requesting to submit directly to the competent Social People ' s Committee.

3. During the 2 day period of work, since the date of the admission of valid records and fees, the Social People ' s Committee examines the person, the marital status of the person who requires a certificate of marriage to confirm the marital status; has the text report the results of the test and specify the details. The problem requires an opinion, the Department of Justice, and the file photo.

4. In the 10-day period of work, since the date received the text accompanied by the records of the People ' s Committee, the Justice Department conducts the following measures:

a) A valid, complete examination of the paper-level file confirming the marital status. The case needs to be clear about the person, the marital status, the marriage condition, the marriage purpose of the person who requires the degree of marriage to confirm the marital status, the Department of Justice,

b) Vietnam citizens present at the headquarters of the Judiciary to conduct interviews, clarify the voluntary, purpose of marriage, the understanding of Vietnamese citizens on family circumstances, personal circumstances of foreigners, in terms of language, customs, practices, customs, etc. culture, the law of marriage and the families of the nation, the territories that foreigners reside;

c) A request by foreigners to go to Vietnam for an interview to clarify, if the results of the interrogation, verification, interviews indicate that Vietnamese citizens do not understand the plight of the family, the personal circumstances of the foreigners; not knowing the language, customs, etc. the country, the culture, the law of marriage and the families of the nation, the territory that foreigners residing or the citizens of Vietnam said it would not be present to register for marriage in foreign jurisdiction abroad.

The case needs the translator to do an interview, the Department of Justice defines the translator.

The results of the interview must be established. The interview officer must specify his proposed opinion and sign the name in the interview text; the translator (if any) must commit the correct translation of the interview and sign the name to the interview text.

On the basis of the results of the interrogation, verification, interviews, the Department of Justice has the text of responding to the Social People ' s Committee to issue a certificate of marriage status to the requested person.

In the case of rejection of the settlement, the Justice Department explains the reason in the text to the People's Committee to inform the request.

5. In a 2-day period of work, since the date of receiving the reply of the Department of Justice, the Chair of the Committee of the Social People's Committee confirmed the status of marriage to the person who requested or have a written notice of the denial of a marriage certificate. By the way, it's clear why.

What? 29. refused to issue a certificate of marriage status to Vietnamese citizens residing in the country to marry foreigners at the state ' s authority with the authority of the foreign country.

The request for the license to confirm the marital status of Vietnamese citizens residing in the country to marry foreigners at the authority of foreign authority is denied in the following cases:

1. Vietnamese citizens offer a license to confirm a marital status to marry foreigners at the Foreign Office of the Foreign Office, Foreign Office of the Foreign Service in Vietnam;

2. The test results, verify that the marital status of Vietnamese citizens is not true to the affidavit in the filing; the parties are not eligible to marry under the provisions of the Vietnam Marriage and Family Law;

3. The interview results show that the two sides have no understanding of the family circumstances, each other ' s personal circumstances, the unknown language of language, customs, practices, culture, law on marriage and the families of each country;

4. Marriage through the brokerage aims to earn words; fake marriage is not aimed at building the family no warmth, equality, progress, happiness, sustainability; taking advantage of the marriage aims to purchase human rights, exploitation of labor, sexual aggression, and sexual exploitation. Or for other purposes.

Section 3

REGISTRATION FOR FATHER, MOTHER, CHILD

What? 30.

1. The adoption of the father, mother, child between Vietnamese citizens with foreigners, between Vietnamese citizens who together at least one party residing abroad, between foreigners who at least one side resident in Vietnam by the regulation of this decree is only one person. is done if the recipient and the party are admitted alive at the time of filing; the adoption of the father, mother, child is voluntary and has no dispute over the receiving of the father, mother, child.

In case one or both parties are no longer living at the time of filing or dispute over the identification of the father, the mother, the case is resolved by the Court.

2. In the event of a person who is admitted as a juvenile, there must be a consent of the mother or father, except for the case of a mother or father who has died, missing, losing the competence of the civil action. If you haven't aged nine or older, you have to accept the father, mother, you must have the consent of the son.

3. I was a teenager who didn't have the consent of my mother, taking me without my father's consent.

4. If I hadn't been married, I would have taken you for me, and I took my mother, and I did it for you. In the absence of a father to whom the deceased mother died, the loss, loss of the ability of civil behaviour or the adoption of the mother whose father died, missing, the loss of civil force, the guardian of the guardian, who accepted his father or received his mother.

What? 31. The authority to register for the adoption of a father, mother, child

1. The Department of Justice where the permanent registration of the recipient is the father, mother, child, recognition and registration of the receiving of the father, mother, child.

In the case of the recipient of a parent, the child is a Vietnamese citizen who has no permanent registration but has a temporary registration under the law of residence law, the Department of Justice where the person's temporary registration recognizes and registers the adoption of a father, mother, child.

2. The representative agency in the country receives recognition and registration of foreigners receiving Vietnamese nationals residing in the country as a parent, mother, child, if registration is not contrary to the law of the receiving country.

The case for Vietnamese citizens residing abroad receives Vietnamese citizens residing abroad as a father, mother, and child, the body represented at the residence of one of the two sides, recognizing and registering for the adoption of the father, mother, child.

What? 32.

1. Profile for father, mother, child is set up to 01 sets, including the following papers:

a) The affidavit recognizes the father, mother, child according to the prescribed pattern;

b) A copy of one of the papers to demonstrate on the person, such as Identification Of The People Or Passports (for Vietnamese citizens residing in the country), Pasship or paper with an alternative value such as a Certificate of Passport Or Residence Card (for foreigners, The citizens of Vietnam are overseas.

c) A copy of the birth certificate of the recipient is the child in the case of adoption; of the recipient of the father, the mother in the case of the adoption of the father, mother;

d) Papers or other evidence prove a parent, child or mother, child;

A copy of the passport or temporary book (for Vietnamese citizens residing in the country), a copy of the permanent card (for foreigners residing in Vietnam) is a parent, mother, child.

2. Profile of the father, mother, child must be required by the person to submit directly to the authorities under the prescribed jurisdiction at Article 31 of this decree.

What? 33. The deadline for the adoption of a parent, mother, child

The deadline to resolve the adoption of the father, mother, for no more than 25 days, since the day of the Department of Justice, the Agency represents enough valid records and fees.

The case needs to be verified by regulation at paragraph 3 Article 34 or Section 1 Article 35 of this decree, the upper term is extended not more than 10 working days.

What? 34. sequencing the adoption of the father, mother, son in Vietnam

1. After receiving enough valid records and fees, the Department of Justice is responsible for research, records of records, listing of the adoption of the father, mother, child at the headquarters of the Justice Department during the 7-day period of work, while writing a document offering the Social People ' s Committee, the permanent residence. Your father, your mother, your child, the listing of the father, the mother, the son.

2. Shortly after receiving the required text of the Department of Justice, the Social People 's Committee is responsible for listing the adoption of the father, mother, child during the 7-day period working at the headquarters of the People' s Committee. If you have a complaint, denounce the adoption of your father, your mother, the Social People's Committee must send a report to the Department of Justice.

3. The case of question or complaint, denouncing the receiving of the father, mother, child or having the issue of being able to clarify the relatives of the parents, the mother, the child or the paper in the file, the Department of Justice does the verification.

4. On the basis of an interrogation, verify, if you see the parents, the mother, you meet the eligible recipient of the father, the mother, the Director of the Department of Justice signed the decision to recognize the receiving of the father, mother, child.

The case refused to recognize the receiving of the father, the mother, the daughter of the Justice Department to inform the person of the request, which explicitly stated the reason.

5. During the five-day period of work, since the day the Chief Justice Department signed the decision to recognize the adoption of the father, mother, child, except for the exact reason that the parent, mother, I have other requests for time, the Department of Justice records the registration of the father, Mom, you and your decision to accept the adoption of the father, mother, son to your father, mother, child. When the decision is made to recognize the father, the mother, the child, the recipient and the party are required to be present.

What? 35. The self-resolution of the adoption of the father, mother, child at the Agency representing the

1. In the 20-day period, since the date of the receiving of valid records and fees, the Representative Authority is responsible:

a) Research, case judge, parent, child, child; case of question or complaint, denouncing the receiving of a father, mother, child, or having a problem with the identification of the people's parents, mother, child, or paper in the case, the Agency for the Agency to execute;

b) If you see the parties asking for the right to meet your father, your mother, you are the head of the Agency for the decision to recognize the adoption of the father, mother, child.

In the case of refusal to recognize the receiving of the father, the child, the Agency represents the text informing the person of the request, which explicitly states the rejection of the reason.

2. During the five-day period of work, since the day the head of the representative agency decided to recognize the adoption of the father, mother, child, except for the correct reason for which the father, mother, had other requests for the time, the Representative Agency entered the register. The adoption of the father, the mother, the son, and the decision to accept the adoption of the father, the mother, the son to the father, the mother, the son. When the decision is made to recognize the father, the mother, the child, the recipient and the party are required to be present.

Section 4

RECOGNIZE THE MARRIAGE, WRITE DOWN THE IDENTIFICATION

FATHER, MOTHER, THE SON OF VIETNAM ' S CITIZENS WAS RESOLVED

AT THE AUTHORITY OF FOREIGN AUTHORITY

What? 36. The condition, the form of recognition of the marriage of Vietnamese citizens has been settled at the authority of foreign authority abroad in the country.

1. The marriage of Vietnamese citizens to each other or with foreigners has been settled at the authority of foreign authority abroad recognized in Vietnam if the following conditions are met:

a) The marriage is consistent with foreign law;

b) At the time of the marriage, the parties were subject to regulation on the marriage conditions of the Vietnam Marriage and Family Law.

In the case of a violation of the Vietnamese law on the conditions of marriage, but at the time of the request for the recognition of the marriage, the consequences of that violation have been overcome or the recognition of marriage is beneficial to protect the rights of women and children the outcome of marriage. It was also recognized in Vietnam.

2. recognized the marriage stipulation at clause 1 This is inscribed on the Marriage Register under the prescribed procedure at Article 38 of this Decree.

What? 37. The authority records the marriage register of marriage, writing in the household 's adoption book, the mother, the child of Vietnamese citizens who have been settled at the foreign authority' s authority.

1. The Department of Justice, where the permanent registration of Vietnamese citizens to perform on the marriage register of the marriage of Vietnamese citizens was settled at the country ' s competent authority abroad (later known as a marriage note), writing in the United States. The adoption of a father, mother, son of the citizens of Vietnam, was settled at the authority of foreign authority (later called the adoption of a father, mother, child). The case of citizens of Vietnam has no permanent registration, but there is a statutory registration under the rule of residence law, the Department of Justice where the temporary registration of the citizens of Vietnam does.

2. The representative agency is currently writing the marriage manual, the adoption of the father, the mother, the son of Vietnamese citizens residing in the country to receive.

What? 38. Profile, sequence, procedure for marriage

1. The record for the marriage manual is set up in 1 sets, including the following papers:

a) The affidavit records the marriage pattern according to the prescribed pattern;

b) The copy of the certificate of the marriage certificate due to the authorities of the foreign authority;

c) A copy of one of the papers to demonstrate on the person, such as the Certificate of the People, Pastial or Valid Paper instead;

d) The passport copy or temporary window of the person is required.

In the case of the recognition of a marriage between Vietnamese citizens and foreigners who had previously been divorced citizens of Vietnam or foreigners who divorced Vietnamese citizens at a foreign jurisdiction, it was reported that they would submit a certificate in their passport. Divorce has been settled abroad according to the regulations of Vietnamese law.

2. The records of the marriage must be filed directly by one of the two parties directly to the authorities under the prescribed jurisdiction at Article 37 of this decree.

3. The deadline for the resolution of the marriage book is a 5-day period of work since the day of the Justice Department or the Representative Agency receives enough valid records and fees. In the case of the need to verify, the deadline is extended to no more than 5 working days.

In the case of refusal to write to the marriage register, the Department of Justice, the Agency for the Representative responded by text to the requested person, which states the reason.

4. After writing the marriage register, the Director of the Department of Justice, the head of the Agency for the Department of Contracting and granting the claim to the certificate of paper on the registration of the registered passport at the foreign jurisdiction under the prescribed pattern.

What? 39. refused to write the marriage book

The request to write to the marriage book was rejected if one of the following cases:

1. The marriage does not guarantee the regulation conditions at Clause 1 Article 36 of this decree;

2. Use false papers, repair papers, erasculation to serve as the procedure to confirm the marital status, get married, write to the marriage book;

3. The Social People ' s Committee does not apply to the Department of Justice before issuing a certificate of marriage to citizens by regulation at Article 28 of this decree and the citizens of Vietnam are not eligible to marry at the time of a request for a certificate of intelligence. The status of marriage or marital status by Vietnamese citizens is not correct.

What? 40. Profile, sequence, procedure for father, mother, child.

1. The file records the adoption of the parent, the mother, who is set up to 01 sets, which includes the following papers:

a) The affidavit wrote to the adoption of the father, the mother, the child according to the prescribed pattern;

b) The paper copy recognizes the receiving of the father, mother, child due to the authority of the foreign country;

c) A copy of one of the papers to demonstrate on the person ' s behalf as required as the Identification Of The People, Pasciers, or valid documents replaced;

d) The passport copy or temporary window of the person is required.

2. The file records the adoption of the father, the mother, who is required by the person to submit directly to the authorities in the jurisdiction stipulated at Article 37 of this decree.

3. During the 5-day period of work, since the date of the receiving of valid records and fees, the Department of Justice or the Agency for the Office of the Court of Appeals. In the case of verification, the deadline is extended not more than 5 working days.

If the file is full, it is valid, the Department of Justice, the Agency for the Enforcement of the Executive Committee, the mother, the child; the Director of the Department of Justice, the head of the Department of Contracting and granting him a certificate of identification into the registration of the registered passport at the facility. There is a foreign authority under the prescribed pattern.

Section 5

WRITE TO THE DIVORCE, CANCEL THE MARRIAGE.

THE LAW HAS BEEN SETTLED ABROAD.

What? 41. The condition that records the divorce of the divorce was settled abroad.

The verdict, the divorce decision, the divorce agreement or other papers that recognizes the divorce from the competent authority of the foreign country without a request to be enforced in Vietnam or without a non-recognition requirement in Vietnam.

What? 42. The authority to write to the divorce settlement has been settled abroad.

1. The Department of Justice that within the province, the Central city of which the person who asked to have signed up to marry or write to the previous marriage book, made it written that the divorce settlement was settled abroad.

The Department of Justice based on the affidavit says the divorce was settled in the country of the request, the checkbook is being held to determine where the registration is married or written to the previous marriage book.

2. The case for Vietnamese nationals overseas in Vietnam to have a claim to the divorce register whose previous marriage was registered at the Representative Agency or authority of the foreign authority, the records of the quarantine of the divorce. Kissing was done at the Department of Justice, where Vietnamese citizens lived.

3. The case of Vietnamese citizens residing abroad is required to enroll in the divorce register whose previous marriage has been registered at the Representative Agency, the authority of foreign authority that has not yet been written in the marriage manual at the agency. Vietnam ' s rights to the divorce were made in the Justice Department where Vietnamese citizens resided before the arrival, if the divorce records were not intended to marry.

In the case of the divorce records for marriage purposes, the authority records the divorce case in the Department of Justice's divorce, where the request for a marriage register is filed.

What? 43. The cases must write to the divorce checkbook that has been settled abroad.

1. The following cases must be the procedure to write to the divorce checkbook that has been settled abroad:

a) The citizens of Vietnam have divorced abroad in Vietnam and have a claim to confirm a marital status or a marriage procedure;

b) Vietnamese citizens residing abroad have divorced abroad required to marry at the authority of Vietnam;

c) The foreigner who has been divorced from Vietnamese citizens abroad has a claim to marry in Vietnam;

d) The registered cases of marriage or marriage notes at the Vietnamese authority, then divorce abroad required registration of the passport in the jurisdiction of Vietnam.

2. The passport registration body is responsible for addressing other cases that require a writable record of the divorce settlement that has been settled abroad.

3. For the case of multiple divorce cases, only the procedure is written in the most recent divorce.

What? 44. The record for the divorce scheme has been settled abroad.

1. The records of the divorce filing were settled abroad included:

a) The affidavit writing to the divorce paperwork was settled abroad according to the prescribed pattern;

b) The copy of the sentence, the divorce decision of the Foreign Court has taken effect; the copy of the divorce agreement issued by the Foreign Court or other competent authority of the foreign country has taken effect; the copy of the other papers issued by the agency. There is a foreign authority that recognizes divorce;

c) The copy of the People ' s Proposition, Pasship or the valid valid paper to prove the person of the requested person;

d) A copy of the paper to prove the authority to write to the divorce.

2. The above profile is set up to 2 sets, sent via post office or directly filed in the Justice Department with jurisdiction.

The person who asked to write in the divorce case could authorize the other person to do it. The mandate must be written and must be valid or valid. If the authorized person is him, she, the father, mother, wife, husband, child, brother, sister, brother, brother of the proxy, does not need to have a proxy text.

What? 45. The procedure, the procedure that records the divorce of the divorce was settled abroad.

1. During the 3-day period of work, since receiving sufficient valid and fee records, the Department of Justice sent a letter to the Ministry of Justice in accordance with the filing of the divorce, accompanied by 1 set of records.

2. During the 7-day period of work, since the date received the opinion of the Department of Justice, the Ministry of Justice review, the case inspector, and the conditions of the divorce.

If the verdict is found, the divorce decision, the divorce agreement meets the stipulation stipulated at Article 41 of this decree, and the recording of the divorce is correct, and the Justice Department sends a written consent to the Department of Justice. The divorce is by the decree of this decree.

If the request to write to the divorce checkbook is not eligible or not correct, the Justice Department returns the case to the Department of Justice, which has a written notice, stating the reason.

3. During the 3-day period of work, since the date received the consent of the Ministry of Justice, the Department of Justice records the checkbook and grants the recipient of the certificate to be noted in the divorce case, which has been settled abroad according to the prescribed pattern. Whether the case is not eligible or the right authority to write a divorce, the divorce must be answered in writing and return the case to the requested person, not to return the fee.

What? 46. The way to record the divorce of the divorce was settled abroad.

1. The recording of the divorce settlement book that was settled abroad is done as follows:

The divorce is inscribed on the note column of the previous marriage Register. When writing in the book must specify a form of divorce text; number; dates, months, years of legal effect of divorce text; the name of the Court or other competent authority of the foreign country to recognize divorce; number, date, month, year of consent of the Ministry of Justice.

The previous case the person had the request to have registered a marriage at the District People 's Committee or the Social People' s Committee, after writing in the divorce register, the Justice Department was responsible for a written notice to the District People 's Committee or the People' s Committee. The townsfolk, who registered marriage to take notes on the marriage register as prescribed by the law of the president.

The previous case, which required a marriage registration request at the Representative Agency, the announcement was sent to the State Department to take notes on the Marriage Register at the Ministry of Foreign Affairs (if the Marriage Register was transferred) and informed the Representative Agency, where it was reported. Signed up for the marriage.

2. The case of a person who requested to write a divorce from the previous marriage performed at the agency with a foreign authority and has not yet worked on the marriage book, the Justice Department recorded two marriages and divorced on the final register. It's a marriage in the Department of Justice.

In the case of a registered marriage in Vietnam, the marriage register is no longer stored, and the registration of the divorce was made as stipulated in this clause.

What? 47. Write the annulled checkbook of the illegal marriage annulled abroad.

The logging of the annulled law of the annulled law was settled abroad as the stipulation of the divorce settlement was settled abroad.

Section 6

MARRIAGE REGISTRATION, FATHER, MOTHER, CHILD.

THERE IS FOREIGN ELEMENT IN THE BORDER AREA.

What? 48. Honor registration of marriage, father, mother, child

The Social People's Committee in the border area performs the marriage, receiving the father, mother, child of Vietnamese citizens who reside in the border area with the citizens of the neighbouring country who reside in the border area with Vietnam as defined by this decree.

What? 49.

1. The marriage registration record is set up to 01 sets, including the following papers of each side:

a) The declaration of registration in accordance with the prescribed pattern;

b) The certificate of marriage status or the declaration of a marriage registration has confirmed the status of a marriage to Vietnamese citizens; papers to demonstrate the marital status of the neighbouring state by the authorities of the country. Months, as of the date of the filing, the current confirmation is that the person is not married or without a husband.

For Vietnamese citizens who have divorced at the authority of foreign countries or foreigners who divorced Vietnamese citizens at a foreign authority ' s authority, it is reported that the identification of the divorce was settled in the United States. Foreign policy of this decree.

2. The marriage register is due to one of the two parties to marry directly at the People's Committee on the registration of the marriage.

3. The file person must publish the following paperwork:

a) The identification of the people's borders on Vietnamese citizens; in the absence of a Certificate of Citizenship Identification, the identification of a certificate of residence in the border area is accompanied by other identification of another body to examine;

b) Other identification or other identification of neighbouring citizens due to the authority of that country granted to prove that the person is resident in the border area with Vietnam.

4. In the 15-day period, since the date of the receiving of valid records, the Social People ' s Committee is responsible for the filing of the records. After the case was examined, the People's Committee of the People's Committee of the People's Office sent the Department of Justice to apply for an opinion, accompanied by a file photo.

5. During the 5-day period of work, since the date of receiving an opinion by the Social People's Committee, the Department of Justice reviewed the records and responded by writing to the People's Committee.

6. In the seven-day period of work, since the date of receiving the consent of the Department of Justice, the Social People ' s Committee performs marriage registration as for the case of marriage registration between Vietnamese citizens who are among each other in the country as prescribed by law. Registration, registration.

7. The case of refusing to register to marry, the Justice Department has the text to send the Social People ' s Committee to inform the person of the request, which states the reason.

The refusal to marry in accordance with regulation at Article 26 of this decree.

What? 50.

1. The registration records for the father, mother, child are set up to 01 sets, including:

a) The affidavit recognizes the father, mother, child according to the prescribed pattern;

b) The paperwork or other evidence proves your father's relationship, your mother.

2. The registration records for the father, mother, child must be submitted directly at the Social People ' s Committee, which registers the adoption of the father, mother, child. When you file a file, the person is required to publish the prescribed document at paragraph 3 Article 49 of this decree for examination.

3. In the 15-day period, since the date of the filing of valid files, the Social People's Committee is responsible for the investigation of the records, making the listing of the adoption of the father, mother, child during the 7-day period working at the headquarters of the People's Committee. At the end of the listing deadline, the People's Committee of the People's Office has a document, accompanied by a file photo of the Department of Justice to apply for comment.

4. During the 5-day period of work, since the date received the opinion of the People's Committee of the People's Committee, the Department of Justice considers the filing of the father, mother, child, and answer by writing to the People's Committee.

5. During the time of the 7 working days, since the date received the consent of the Justice Department, the Social People ' s Committee now registers the adoption of the father, the mother, as for the case of registration for the adoption of the father, mother, child between Vietnamese citizens with each other in the country. according to the law of the registration of the passport.

6. The case of refusing to register for the adoption of a parent, mother, son of the Department of Justice has the text to send the Social People ' s Committee to inform the person at the request, which states the reason.

Section 7

ORGANIZATION AND CONSULTING ACTIVITIES, MARRIAGE SUPPORT.

AND THE FAMILY HAS FOREIGN ELEMENTS.

What? 51. Center for counseling, marriage support and family with foreign elements.

The counseling center, marriage support, and family with foreign elements (later called the Centre) is a career unit of the Central Committee of the Vietnam Women's Union or the Provincial Women's League, the Central City of Central (later known as the League of Nations). Woman).

What? 52. Principles of consulting activity, marriage support and family with foreign elements in the United States.

1. The activity of the Centre must guarantee the non-profit principle, which contributes to the healing of marital relations and the family of foreign elements, in accordance with the basic principles of the marriage regime and the Vietnamese family, the national beauty of the nation.

2. The married parties have the right to be consulted, support for marriage and families with foreign factors. The consultation, the support does not depend on the nationality, where the residence of the person is required.

3. Serious advantage of the use of counseling, marriage support, and family with foreign factors aimed at selling people, exploitation of labor, sexual trespassing, or for other purposes of other axes.

What? 53.

The Women ' s Union decided to establish the Centre when there were enough of the following conditions:

1. There is a statute of activities guaranteing the principle of regulation at Article 52 of this Agreement approved by the League of Women;

2. With the location, equipment, the manpower needed to secure the operation of the Center;

3. The expected head of the Center is the one with no convictions.

What? 54. The procedure to register the activity of the Centre, regrant the Centre ' s operational registration paper

1. After an established decision, the Centre must register to operate at the Department of Justice, which places the headquarters of the Centre.

2. The Centre ' s operational registration record is set up to 01 sets, including the following papers:

a) The affidavit is active in the prescribed pattern;

b) The decision to establish the Centre;

c) The location proves the location of the headquarters of the Center;

d) The judicial calendar of the expected head of the Centre is granted less than 3 months, as of the filing date;

The copy of the statute of action stipulated in paragraph 1 Article 53 of this decree.

3. During the 5-day period of work, since the date of the receiving of valid records, the Department of Justice grants the registration of the activity according to the prescribed pattern for the Centre. The case refused to issue an active registration, the Justice Department notified the Centre, which explicitly stated the reason to deny it.

4. The case where the registered registration of the Centre is missing or unusable damage is granted the active registration paper.

What? 55. Authority, the obligation of the Center

1. The Centre has the following powers:

a) Consulting matters relating to marriage and families with foreign factors for Vietnamese citizens in the guidelines of the Women's Union;

b) Consulting, fostering Vietnamese citizens on language, culture, customs practices, law on marriage and family, on the immigration of the country that the person asked to be married to that country;

c) Consulting, helping foreigners learn about language, culture, customs, law on marriage and the families of Vietnam;

d) Help the married parties learn about the personal circumstances, the families of each side and other matters related to which the parties require;

) Granting a certificate to Vietnamese citizens after consultation, fostering regulations at Point A and Point 1 This Article, if required;

e) Help the parties to marry complete marriage records by law, if required;

g) The case of Vietnamese citizens or foreigners who have a need to introduce foreigners or Vietnamese citizens to get married then the Center for the Introduction;

h) Working in partnership with consulting organization, foreign marriage support established by the rule of law to address issues related to marriage and family between Vietnamese citizens and foreigners;

i) Is remunking to cover operating costs and to be paid for other rational actual costs by law, ensuring the principle of non-profit;

l) Be changed to the registration of the active registration paper under the regulation at Article 56 of this decree.

2. The Centre has the following obligations:

a) Perform the activity according to the right content in the active registration paper;

b) Consulting, support for all required subjects, does not depend on nationality, where the residence of the person is required; the confirmation level of the Centre after the implementation of the consultation, support of the required person;

c) Public publication of the degree of hostility;

d) Keep the secret information confidential, private life documents, personal secrets, family secrets in accordance with the laws of law;

) Report 6 months and annually on the Centre ' s activities, the report of the document of the fall, financial details related to consulting activities, marriage support, and the family with foreign elements to the Women's Union and the Justice Department where the operation is active. dynamic; the report of the breakthrough, which provides documentation or interpretation of matters concerning the activities of the Centre at the request of the authority of the state authority;

e) Under the examination, the management of the League of Women;

g) subject to the inspection, inspection of the Central Committee of the Union of Vietnam Women, the Ministry of Justice, the Department of Justice where the registration of activities and other authority is under the rule of law;

h) Other obligations under the rule of law.

What? 56. Change of Central Centre ' s active registration paper

1. The Center wants a change in the name, the location where the headquarters must have the text offer to be changed, accompanied by the operating registration document sent to the Department of Justice, where the subscription works.

During the 3-day period of work, since the date of receiving the text offer note changes, the Department of Justice confirmed the change content to the Centre's operating registration paper.

2. The case wants to change the head of the Centre or change the activity content of the Centre, the Women 's Union must have the text to the Department of Justice, which registers the Centre' s activity, which specifies the purpose, content, reason of change, accompanied by a Central office registration. If you change the head of Central, you must have the legal calendar of the expected replacement to be issued less than 3 months to the date of the filing.

During the 5-day period of work, since the date of the receiving of valid records, the Department of Justice confirmed the content of change to the active registration paper. The case refused, the Justice Department notified the Women's League and stated the reason.

What? 57. End of Center Operations

1. The Centre ends up activity in the following cases:

a) The Women's Union decided to dissolve the Centre;

b) The Centre is stripped of the use of registered registration papers by the decision of the competent state agency.

2. In the event of an end to the prescribed activity at Point A 1 This Article, the Women ' s Union must have a notice of notification of termination of the operation of the Center to the Department of Justice, where the Registration Centre operates, 30 days ahead of the date. It's an end to the Center. The center has to submit to the operational registration paper for the Department of Justice, which has registered operations.

3. In the event of an end to the prescribed operation at Point 1 Article 1 This Article, the Department of Justice or other competent authority to send the Women ' s Union decided to disarm the use of the slog operating register 30 days before the required Central Day. It's an operation.

4. Before the end of operation, the Centre was responsible for payment of debts (if any) with the organization, the individual involved and addressing issues related to the termination of the operation; the written report sent the League of Women and the Department of Justice, as well. where the registry works.

Section 8

STATE MANAGEMENT OF MARRIAGE

AND THE FAMILY HAS FOREIGN ELEMENTS.

What? 58. The mission, the jurisdiction of the Justice Department

The Ministry of Justice is responsible to the United Government to govern the state of marriage and the family with foreign elements within the national sphere, with the following duties and powers:

1. Build, the state agency has the authority to enact or enact under the text authority that rules the law on marriage and the family with foreign elements;

2. Guide to the Provincial People ' s Commission and in coordination with the Ministry of Foreign Affairs, instruct the Agency represented in the implementation of the law on marriage and the family with foreign elements; disseminism, education of law and settlement of marriages and families. Of course, the law has a foreign element according to the rule of law;

3. The unanimous execution board and the registration form of the passport pursuits to the decree of this decree;

4. Inspector, examining the implementation of the law on marriage and the family with foreign factors; the settlement of the complaint, denouncing the provisions of the law; the handling of the administrative breach of marriage and the family with a foreign element according to the law;

5. Do the statistics on the registration of marriage; receive the father, mother, child; the certificate of marriage status; write to the marriage register, receive the father, mother, child; write to the divorce case, cancel the marriage of the law in accordance with the provisions of this decree;

6. Perform international cooperation in the field of marriage and the family with a foreign element according to the rule of law.

What? 59. The mission, the jurisdiction of the State Department

The Ministry of Foreign Affairs performs state management of marriages and families with foreign elements according to the rule of law, which has the following mandate and powers:

1. The Agency director represents the implementation of the law on marriage and the family with foreign elements, on the business of registration of the passport; implementing the legal protections and benefits of Vietnamese citizens abroad in marriage and marriage relations. the family is in line with the law of the state of reception and the international treaty that Vietnam is a member;

2. The Director of the Representative Agency performs statistics, the annual periodic report of: Marriage registration situation; receive a father, mother, child; write a marriage note, receive a father, mother, child of the jurisdiction of the Representative Agency under the provisions of this decree.

A total number of statistics and annual periodic reports of: A marriage registration situation, father, mother, child; writing in the marriage book, father, mother, child of the jurisdiction of the Agency to send the Ministry of Justice to the Ministry of Justice;

3. Update, provide basic information about the law, culture, customs, the centralization of the countries of the departments to make the basis of media work orientation, consulting in the country; and

4. Inspector, examination of the implementation of the law on marriage and the family with foreign elements at the Agency of Representative; settlement of the complaint, denouncing the provisions of the law; the handling of administrative violations of marriage and families with foreign factors in accordance with the law. The law of the law;

5. Address by the jurisdiction of foreign affairs that arise during the implementation of the international treaties for marriage and the family in which Vietnam is a member;

6. Level a copy of the marriage certificate, the Decision to recognize the adoption of the father, mother, child according to the law;

7. Do other duties, other powers according to the rule of law.

What? 60. Mission, jurisdiction of the Agency

1. The Agency for the Enforcement of the State Administration of Marriage and Family has a foreign element, which has the following duties and powers:

a) Make the registration of the marriage, the father, the mother, the child; the marriage register, the father, the mother, the child in accordance with the law of the receiving state and the international treaty that Vietnam is a member;

b) Perform the statistics, report the Foreign Ministry on a 6-month period and every year on: The marriage registration situation, the father, the mother, the child; the marriage book, the father, the mother, the son of the resolution of the resolution of the Agency, according to the decree of Parliament This way.

c) Updated the basic information on the law, culture, customs, practices of the country ' s country, reports the Ministry of Foreign Affairs;

d) Resolve the complaint, denouncing and disposal of administrative violations concerning the settlement of the statutory duties under the rule of law;

Carry out the duties, other powers by the rule of law.

2. The foreign minister, the consuAttorney-acting officer responsible for helping the Agency to represent tasks, may be specified in accordance with the provisions of Article 1, except for the resolution of the regulation specified at the point of Article 1 This Article.

What? 61. The mission, the authority of the Ministry of Public Security

The Ministry of Public Security performs state management of marriages and families with foreign elements according to the rule of law, which has the following duties and powers:

1. Directed, instruct the Provincial Public Security, the Central City of the Presiding Centre, in coordination with the Department of Justice verification by the specialized function of matters required in the registration registration filing under the regulation of this decree; the passport level is timely and created. favorable conditions for Vietnamese citizens who have been registered to marry, recognized as a parent, mother, child appearance when required;

2. Directed and implemented prevarable, anti-sex activities aimed at making words, behaviors that take advantage of marrying, receiving fathers, mothers, children for the purpose of axing, selling people, exploitation of labor, sexual assault, and sexual assault. and other acts that violate the laws of marriage and families have a foreign element;

3. Inspector, examination of the implementation of the law on marriage and the family has a foreign element according to the rule of law;

4. Do other duties, other powers according to the rule of law.

What? 62. The mission of the ministries, across the ministry, the government agency

Ministries, peer agencies, government agencies, within the range of functions, duties, powers, are responsible for coordinating with the Ministry of Justice in the implementation of state management of marriages and families with foreign factors.

What? 63. Mission, the powers of the Provincial People ' s Committee

1. The Provincial People ' s Committee performs state management of marriages and families with foreign elements on the site, which has the following duties and powers:

a) The implementation of the marriage registration has a foreign element according to the regulation of this decree;

b) Popular, educating the law of marriage and families with foreign factors;

c) To do the statistics, report the Ministry of Justice by a period of 6 months and every year on: The marriage registration situation, the father, the mother, the child; the marriage book, the father, the mother, the prescribed child; the law of marriage. human and family has a local foreign element;

d) Make sure necessary conditions for the League of Women of the Province, the Central City of the Central to establish the Centre; facilitate the Centre of Operations to be effective; managing the activities of the Centre on the site;

Detectives, examining the implementation of the law on marriage and families with foreign factors on the site; the settlement of the complaint, denouncing and handling administrative violations of marriage and families with foreign factors in accordance with the law;

e) Perform other duties, other powers according to the rule of law.

2. The Department of Justice helps the Provincial People ' s Commission in the implementation of state management of marriage and family with foreign factors locally; registration for the adoption of the father, mother, child; writing into the marriage book, receiving the father, mother, child; task force execution and rights. By the rules of this decree.

What? 64. The responsibility of the Central Society of Vietnam Women in the field of marriage and the family has foreign elements.

1. The Central Committee of the Union of Vietnam Women in coordination with the Ministry of Justice, ministries, peer agencies, government agencies, the Provincial People's Committee to carry out activities in the field of marriage and the family with a foreign element according to the rule of law.

2. Vietnam 's Association of Women' s Union has the following responsibility:

a) The establishment of the Centre by the regulation of this decree and the implementation of the operational management of the Centre;

b) The direction b, the direction of the Provincial Women's Union, the Central City of Central to establish the Centre and the implementation of the operation management of the Centre;

c) The direction, the direction of the organization and operation of the Center;

d) Coordinate with the Ministry of Justice for inspection, inspection of the organization and operation of the Centre.

Chapter IV

EXECUTION CLAUSE

What? 65.

1. This decree has been in effect since 15 February 2015.

2. Repeal Decree 70 /2001/ND-CP October 03, 2001 of the Government rules the implementation of the Marriage and Family Law; the Digital Protocol. 32 /2002/NĐ-CP March 27, 2002 of the Government stipulated the adoption of the Marriage and Family Law on ethnic minorities; Article 2 of the Protocol No. 2. 06 /2012/NĐ-CP February 02, 2012 of the Government amended, complements some of the provisions of the Convisions of the Vice President, marriage and family and endorsement; Protocol No. 24 /2013/ND-CP March 28, 2013 by the Government rules the details of some of the provisions of the Marriage and Family Law on marital and family relations with foreign elements, except for the provisions of consuchization, translator-signature, and physical evidence. Paperwork, paperwork to the non-nationality, who has many foreign nationals, Vietnamese citizens residing abroad and the fees are continued to apply until the Decree rules out the implementation of the Legislative Law.

What? 66. The transition clause

The file requires marriage registration; receiving the father, mother, child; level of the Certificate of Marriage for Vietnamese citizens residing in the country to register to marry foreigners at the foreign authority authority abroad; write to the marriage book, receive a marriage certificate. Father, mother, I have been addressed at the authority of foreign authority abroad given by the authorities of Vietnam before the date of this decree effective, and it continues to be resolved under the provisions of the Decree Number. 24 /2013/ND-CP 28 March 2013 rules out certain provisions of the Marriage and Family Law on marital and family relations with foreign elements.

What? 67.

Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the People's Committee, and organizations, individuals are responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung