Decree 24/2013/nd-Cp: A Guide To The Law On Marriage And Family On Marriage And Family Relations Have Foreign Elements

Original Language Title: Nghị định 24/2013/NĐ-CP: Hướng dẫn Luật hôn nhân và gia đình về quan hệ hôn nhân và gia đình có yếu tố nước ngoài

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THE GOVERNMENT.
Numbers: 24 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 28, 2013

DECREE

Detailed rules enforce certain provisions of the Marriage and Family Law.

Marriages and families have a foreign element.

_____________________

Government Law Base December 25, 2001;

The Marriage and Family Law Base June 9, 2000;

On the recommendation of the Minister of Justice;

The government issued a decree regulating the implementation of some of the provisions of the Marriage and Family Law on marital and family relations with foreign elements, the government said.

Chapter I

COMMON RULES

What? 1. The adjustment range

The decree rules out certain things of the Marriage and Family Act of marriage between Vietnamese citizens and foreigners, among Vietnamese citizens who at least one side settled abroad, among foreigners in Vietnam. Male; adopt a 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; granted the Certificate of Marriage. for Vietnamese citizens residing in the country to register to marry foreigners at the authority of foreign authority abroad; recognition of the employment of the people. The marriage of Vietnamese citizens has been settled in foreign jurisdiction abroad; it is noted that the adoption of the parents, the mother, son of the citizens of Vietnam, was settled at the authorities of foreign jurisdiction; organization and private activity. It ' s about support for marriage and marriage.

What? 2. Protection of marital and family relations with foreign elements.

1. In the country of the Socialist Republic of Vietnam, the right and legal interests of the parties in marital and family relations with respect to foreign elements are respected, protection in accordance with the Vietnamese law and the international treaty that the Socialist Republic of Vietnam is the most important. I'm not

2. Serious prohibition of marriage, parent, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, and child,

What? 3. Ask for a consuID legalization, translator certificate, certificate of copy of the paper

1. Papers issued by the authorities of the foreign country, granting or confirmed to use the settlement of marriages and families by regulation at the Protocol must be legally legalised, unless the case is exempt from the legalization of consuglaw under the national convention. In fact, the Socialist Republic of Vietnam is a member or the principle that goes back.

Papers issued by the authorities of neighbouring countries, granting or confirmed to use the settlement of marriages and families by regulation in Chapter IV of this decree are exempt from the legalization of consugar.

2. Papers stipulated at this 1 Article in foreign language must be held in Vietnamese; the translation must be certified as a translator according to the rule of law.

Papers issued by the authorities of neighbouring countries, granting or confirmed to use the settlement of the marriage and family regulations in Chapter IV of this decree, which only needs to translate into Vietnamese, have the translator's commitment to the correct translation of the content, There's no need to corroborate the translator.

3. The paper copy in the filing requires the settlement of marriages and families with foreign factors, the active registration records of the Consultated Centre, the support of marriage and the family with foreign factors under the regulation at this decree must be corroborated. The case of a copy of the certificate does not have a real proof, and it has to be published as a reference.

What? 4. The responsibility of storing records, writing to the checkbook of marriages and families with foreign elements.

1. The filing of the settlement of marriages and families with a foreign element according to regulation at this decree must be carefully preserved and stored in accordance with the provisions of the law.

2. The registration of the marriage, the adoption of the father, the mother, the son due to the Central Committee of the Provincial People, the Central Committee of the Central Committee (later called the Provincial People's Committee), the Provincial Justice Department, the Central City of Central (later known as the Department of Justice) the settlement was recorded on 1. I don't know.

The registration of the marriage, receiving the father, mother, son due to the diplomatic representation agency, the consuma and other agency that was authorized to carry out Vietnam ' s consuma function abroad (later known as the representative body) the settlement was inscribed on the 02 passport books. In the agency, the 01 books were sent to the Ministry of Foreign Affairs, the 01-volume sent to the Ministry of Foreign Affairs for the implementation of a legal degree according to the law.

3. After addressing the marriage registration, receiving the father, mother, child, the recognition of the marriage, writing to the registration of a parent, mother, child according to the regulation at this decree, the Justice Department announced in writing to the People ' s Committee, ward, town (later called the Committee). I'm going to have to take a look at the clerk.

What? 5.

1. The person who asked to register to marry, take the father, mother, child, grant the Certificate of Marriage, recognize the marriage, write to the registration of the receiving of the father, mother, child of the citizens of Vietnam addressed at the state ' s competent authority in accordance with regulations. This decree must be required by law.

2. As long as the registration fee for marriage registration, parent, child, child has a foreign element in the border area.

Chapter II

MARRIED.

Item 1

MARRIAGE REGISTRATION

What? 6. Authority 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, between Vietnamese citizens with each other that at least one side settled abroad; the case of Vietnamese citizens is not a part of it. There is no permanent registration, but there is a statutory registration under the law of residence, the Provincial People's Committee, where the Vietnamese citizen's temporary registration is registered.

2. The case of foreigners who require registration of marriage together in Vietnam, the Provincial People 's Committee, which registers the permanent registration of either party, perform the marriage registration; if both parties do not register for permanent residency in Vietnam, the People' s Committee. provincial level, where to register for one of the two parties, perform the marriage register.

3. The representative agency performs a marriage registration between Vietnamese citizens with foreigners, if that registration is not contrary to the law of the country in the country; the case of Vietnamese citizens residing abroad to marry each other then the Agency for the Representative performs. If there's a marriage, if there is a request.

What? 7. Record registration records

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

a) The declaration of marriage (prescribed);

b) The certificate of marital status or the declaration of a marriage certificate has confirmed that the status of a union of the citizens of Vietnam is granted less than 6 months, as of the date of the filing; the document proves the status of a foreigner's marital status. 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 record, to confirm 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) A copy of one of the papers to demonstrate on the person, such as a People's Certificate or Pasship (for Vietnamese citizens residing in the country), passport or paper with an alternative value such as a Certificate of Passport Or Residence Card (for foreigners). besides and citizens of Vietnam to settle abroad);

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 the state secret, the agency must submit a confirmation of the agency, organization of the central level or provincial level, confirm that the person is married. with the foreigner who does not affect state secret protection or not contrary to the regulation of that sector;

b) For Vietnamese citizens who have divorced in a foreign authority, then submit a confirmation of the identification of the divorce documents in the country, according to Vietnamese law;

c) For Vietnamese citizens who simultaneously have foreign nationality, there is also a proof of a proof of marital status by the authorities of the foreign country;

d) For foreigners who do not reside in Vietnam, there must be a permit issued by the authority of the foreign country to confirm that it is eligible to be married in accordance with the law of the country;

For foreigners who have divorced Vietnamese citizens at a foreign authority, it is reported that the divorce records have been filed abroad as prescribed by Vietnamese law.

3. The specific situation base, the Minister of Justice stipulated to supplement the confirmation paper of the Consultated Centre, support for marriage and the family with foreign factors on whether Vietnamese citizens have been consulted, support for marriage and families with foreign factors in the lake. The marriage registration is intended to respond to a request for state management of marriages and families with foreign factors.

What? 8. 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 body, if registration is married at the representative body.

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 manual text must be fully writable, clearly the type of paper that needs additional, finer; cadet recepts to the file of the sign, specify the name and hand it to the applicant. The deadline for the registration of the marriage registration is calculated from the date of receiving a valid record and fee.

The case of a person who requires filing of an untrue authority under the prescribed authority at Article 6 of this decree, the officer receives the case to guide the person to the authority with the authority 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, which recognizes the marriage, writing to the checkbook, the parent, the prescribed child at the Decree. Hey, except for the date of the interview.

What? 9. The deadline for registration of marriage registration

The deadline for the registration of registration in Vietnam is no more than 25 days, since the date of the Department of Justice has received enough valid records and fees. The case of the Department of Justice requires the body to be verified by regulation at paragraph 2 Article 10 of this decree, the deadline is extended not more than 10 working days.

The deadline for the registration of the marriage registration at the agency is not more than 20 days from the date the agency represents sufficient legal records and fees. The case of the agency that represents the agency in the country is determined by regulation at paragraph 2 Article 13 of this decree, the deadline is extended no more than 35 days.

What? 10. Prescriptions for registration of marriage in Vietnam

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

a) There is a direct interview at the Department of Justice's headquarters for the two sides, women to examine, clarify, the marriage and the degree of knowledge of the two men, women. 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.

If the interview results show that the two parties are not aware of each other's circumstances, the Justice Department dates back to reinterview; the reinterview is done 30 days later, since the date of the previous interview.

b) Research, the case of registration of marriage registration; the case of question or having a complaint, denouncing the marriage through the brokerage aims to profit, get married, take advantage of the marriage to the sale of a person, marry for other purposes of axial or trial. There is a problem that needs to be made clear about the people of the two sides, the women or the papers in the marriage registry, the Justice Department.

2. The case found the issue to verify the function of the public office, the Department of Justice has the information stating that the issue needs to be verified, accompanied by a copy of the 01 copy of the marriage registration filing (a copy that does not need a certificate) to send the public body to the same level of verification.

During the seven-day period of work, since the date of the publication of the Department of Justice's work, the public body imples to verify that the problem is required and answered by writing to the Department of Justice.

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 registration of the decision-to-provincial People ' s Committee marriage registration, accompanied by 1 file sets. 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 12 of the Decree. This, 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.

What? 11.

1. During the 5-day period of work, since the date of the Chairman of the Provincial People ' s Provincial Committee signs the marriage certificate, the Department of Justice performs 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 held to be present in the south, women. The Chief Justice Department presided over the wedding, demanding that the two sides say the final intention of marriage voluntarily. 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 made by the Department of Justice at the request of the wife, husband.

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 Provincial People ' s Committee. Signed a marriage certificate. At the end of this period on which the two sides, women did not come to the marriage registration organization, the Justice Department reported the Chairperson of the Provincial People's Committee; 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? 12. deny marriage registration

1. The registration of marriage is rejected if one of the following cases:

a) One or both sides who are not old enough to marry in accordance with the provisions of the Vietnamese law;

b) The married side is that foreign citizens are not eligible to marry in accordance with the laws of the country in which it is a citizen or permanent to the non-nationality;

c) The marriage was not male, the women willingly decided;

d) A lie, forced to marry;

One or both of the married parties, who are married, are married;

e) One or both sides of marriage are the loss of the power of the people;

g) The married parties are those of the same blood that are online or have them within three generations;

h) The married parties are or have been father, foster mother and adoption, father-in-law and daughter-in-law, mother and son-in-law, stepsons and stepsons of her husband, stepmother and stepchild;

i) The parties to same-sex marriage (male marriage to male, female married to women).

2. The registration of marriage is also rejected, if the results of the interview, the appraisal, 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. The marriage aims to purchase human rights, exploitation of labor, sexual exploitation of women, or for other purposes of other axes.

What? 13. Registration is married at the agency.

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

a) Make a direct interview at the agency headquarters for the two men, the same woman stipulated at the Point A 1 Article 10 of this decree.

b) Research, the case of registration of marriage registration; the case of question or having a complaint, denouncing the marriage through the brokerage aims to profit, get married, take advantage of the marriage to the sale of a person, marry for other purposes of axial or trial. There is a matter of being able to clarify the character of the two sides of the male or the papers in the marriage registry, the representative body that performs the verification.

c) If the male and male parties are found, the female meets eligible for marriage, not in the case of refusing to register for the marriage stipulated at Article 12 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 body has a notification text 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 representative body had a public opinion stating the matter needed to verify, send the Ministry of Foreign Affairs to request the agency to verify that the agency is specialized.

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

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

4. The marriage registration ceremony is held on a solemn basis at the representative agency headquarters. When the marriage ceremonies are held to be present in the south, women. The representative body representing the presiding officer, asked the two sides for the final intention of voluntary marriage. If the two parties agree to marry, the representative body represents marriage registration, requiring each side to sign the marriage certificate, the Marriage Register, and giving it to each side of his wife, the 1-letter of the marriage certificate.

5. The marriage certificate is valid since the date of the marriage registration ceremony in Article 4 of this Article 4. The granting of a copy of the marriage certificate from the marriage register is made by the representative body at the request of the wife, husband.

6. 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 the signing. Marriage certificate. At the end of this period, the two men were not married to the marriage registry, the representative body saving 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.

Item 2

THE PAPER LEVEL CONFIRMS THE MARITAL STATUS FOR VIETNAMESE CITIZENS RESIDING IN VIETNAM

IN THE COUNTRY TO REGISTER TO MARRY FOREIGNERS AT THE AGENCY

FOREIGN JURISDICTION ABROAD

What? 14. Authority to issue a Certificate of Marriage.

The Social People's Committee, which registers the permanent residence of Vietnamese citizens, performs a Certificate of Marriage Status for the person to serve as a registration procedure with foreigners in foreign jurisdiction abroad.

The case of citizens of Vietnam has no or no permanent registration, but has a statutory registration under the rule of residence law, the Social People's Committee, which registers the person's residence, performs a Certificate of Marriage status.

What? 15. The procedure of issuing a certificate of marriage

1. Certificate of Certificate of Marriage Status is set up to 01 sets, including the following papers:

a) The declaration issued a Certificate of Marriage Status (prescribed);

b) A copy of one of the papers to demonstrate on the character such as the Certificate of People's Certificate, Pasship, or Valid Identification;

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 confirmation of the divorce of the divorce, which has been conducted abroad according to the provisions of the Vietnamese law.

2. Certificate of Certificate of Marriage in accordance with the request of a person directly to the Committee of the People's Composition on the Decree of Article 14 of this decree.

3. During the 2-day period of work, since the date of receiving a valid and expandable profile, the People's Committee of the People's Committee sent the Office of Justice with 1 sets of records.

4. In the 10-day period of work, since the date received by the Social People 's Committee, the Department of Justice performs the investigation, verify and have the text answer to the Department of Social People' s Committee to pay the case; if refusing to resolve, the Justice Department explains the reason. text to the Social People ' s Committee to inform the requested person.

5. During the 2-day period of work, since the date received the consent text of the Department of Justice, the Chairman of the Social People's Committee of the Social People's Committee confirmed the status of marriage and issued a request to the request.

6. Specific situation, the Minister of Justice grants the addition of an interview procedure to grant the Certificate of Marriage to Vietnamese citizens residing in the country registered to marry foreigners at the foreign jurisdiction abroad.

Section 3

RECOGNITION OF THE MARRIAGE OF VIETNAMESE CITIZENS HAS BEEN

SETTLEMENT AT THE AUTHORITY OF FOREIGN AUTHORITY ABROAD

What? 16. Conditions, the form of recognition of the marriage of Vietnamese citizens South has been settled at the authority of foreign authority abroad.

1. The marriage of Vietnamese citizens to each other or with foreigners has been settled at the authority of foreign authority abroad, in accordance with that country's law, which is recognized in Vietnam, if at the time of marriage, Vietnamese citizens. Nam did not violate the regulation of Vietnamese law on marriage conditions.

The case has a violation of the Vietnamese law on the condition of marriage, but at the time of the request for the recognition of 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 marriage is. 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 17 of this Decree.

What? 17. Authority, sequence, procedure written to the marriage register of the marriage of Vietnamese citizens South has been settled at the authority of foreign authority abroad.

1. The Department of Justice, where the permanent registration of Vietnamese citizens to perform on the marriage register of the marriage of Vietnamese citizens has been settled at a foreign jurisdiction abroad (later called a marriage note). The case of citizens of Vietnam has no or no permanent registration, but there is a statutory registration under the rule of residence law, the Department of Justice, the temporary registration of Vietnamese citizens, and the practice of marriage records.

The representative agency recorded the marriage manual of Vietnamese citizens residing in the country.

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

a) The affidavit records the marriage book (prescribed);

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 People's Certificate, Pasship, or Valid Identification;

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

The case recognizes the marriage of Vietnamese citizens to foreigners who had previously divorced Vietnamese citizens or foreigners who divorced Vietnamese citizens at a foreign authority, which had to submit a certificate of writing to the register. The divorce has been conducted abroad according to the regulations of Vietnamese law.

3. A marriage record must be filed by one of the two parties directly to the authorities in accordance with the provisions of this Article 1 Article.

4. The duration of the resolution of the enrollment in the marriage book is 5 working days, since the day of the Justice Department or the representative body that receives enough valid records and fees. In the case of the need to verify, the duration of the duration is not over 5 working days.

The case refused to write the marriage book, the Justice Department responded by writing to the requested person, which states the reason.

5. After the execution of the marriage register, the Director of the Department of Justice and grants the recipient of the Certificate of Confirmation on the identification of the passport (prescribed).

Chapter III

TAKE ME, MOM, ME.

Item 1

REGISTRATION FOR FATHER, MOTHER, CHILD

What? 18. Father, child, child

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 of permanent residence in Vietnam by regulation at this decree is only one person. It ' s done, if the receiving party and the receiving party are alive at the time of the filing, the adoption of the father, the mother, the child is voluntary and there is no dispute over the adoption of the father, mother, child.

2. In the case of a person who is admitted as a juvenile, there must be a consent of the person being a mother or father, unless the case of the person has died, missing, the loss of the competence of the civilian behavior. 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? 19. 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 stipulated at Article 18 of this decree.

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

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 parent, mother, son, and a representative body in the country where the residence of one of the two sides, recognizes and registers the adoption of a father, mother, child.

What? 20.

1. Profile for father, mother, I was made up to 01 sets, including the following papers:

a) The affidavit recognizes the father, mother, child (prescribed);

b) A copy of one of the papers to demonstrate on the person, such as a People's Certificate or Pasship (for Vietnamese citizens residing in the country), passport or paper with an alternative value such as a passport or residence card (for foreigners). besides and citizens of Vietnam to settle abroad);

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

d) The base proves the father, son or mother, child (if any);

A copy of the passport or temporary book (for Vietnamese citizens 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 submitted by the person to submit directly at the authority of the prescribed authority at Article 19 of this decree.

What? 21. The deadline for the adoption of a parent, mother, child

The deadline for the adoption of a parent, mother, is no more than 25 days, since the day of the Department of Justice or the representative body receives enough valid records and fees.

The case needs to be verified by regulation at paragraph 3 Article 22 or Section 1 Article 23 of this decree, the upper term lasts no more than 10 working days.

What? 22. sequencing the adoption of the father, mother, son in Vietnam

1. Shortly after receiving enough valid and fee records, the Department of Justice was responsible for research, records of records, listing of the adoption of the father, mother, child at the headquarters of the Justice Department for a period of 7 consecutive days, while at the same time the work was recommended by the Social People ' s Committee, which is often The man's house is the father, the mother, the son, the listing of the father, the mother, the son.

2. Shortly after receiving the required public office of the Department of Justice, the Social People 's Committee is responsible for listing the adoption of the father, mother, child during the period of 7 consecutive days at the People' s Commission headquarters. If there is a complaint, the report on the receiving of the father, mother, child, the Social People ' s Committee must send the 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. If you see the fathers, the mother, I meet the eligible recipient of the father, mother, son, the Director of the Department of Justice for the Decision to recognize the receiving of the father, mother, child.

The case refused to recognize the receiving of the father, the mother, the son, the Department of Justice informing the person of the request, which stated the reason for rejection.

5. During the 5-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 parents, the mother, had other requirements for the time, the Justice Department made the decision to recognize the decision. Take me, mother, I give you my father, mother, child, and write to the register for the adoption of the 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? 23. The sequencing of the adoption of the father, the mother, the son at the agency

1. In the 20-day period, since the date of receiving enough valid records and fees, the representative body 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 file, the representative body carrying out verification;

b) If you consider the parties to meet the conditions of your father, your mother, you are the head of the agency, the decision to recognize the adoption of the father, the mother, the son.

In the case of refusal to recognize the receiving of the father, the child, the representative body sends a text message to the person with 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 requirements for the time, the representative body carrying out the decision. I intend to accept the adoption of the father, the mother, the son to the father, the mother, the son, and the register for the adoption of 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.

Item 2

WRITE IN THE CHECKBOOK, THE MOTHER, THE SON OF THE CITIZENS OF VIETNAM

HAS BEEN SETTLED AT THE AUTHORITY OF FOREIGN AUTHORITY.

What? 24. Write the checkbook for the adoption of the father, mother, son of the citizens of Vietnam South has been settled at the authority of foreign authority.

The adoption of the father, mother, child between Vietnamese citizens who together or with foreigners was settled at the authority of foreign authority inscribed in the prescribed checkbook at Article 25 of this decree.

What? 25. Authority, sequence, procedure of writing to the recipient of the adoption of a father, mother, son of the citizens of Vietnam has been addressed at the authority of foreign authority.

1. The Department of Justice, where the permanent registration of Vietnamese citizens, performs a record in the identification of a parent, mother, son of the citizens of Vietnam, which has been settled at the authorities of foreign authority (later known as a note in the adoption of a father, mother, child). The case of Vietnamese citizens has no or no permanent registration, but has a statutory registration under the law of residence, the Department of Justice, the residence of the Vietnamese citizen, for the registration of the parents, the mother, the child.

The representative body of the country, the residence of Vietnamese citizens, performed the writing of the adoption of the father, the mother, the son.

2. The deadline for the resolution of the admission of a parent, mother, child is 5 working days, since the day of the Department of Justice or the representative body that receives enough valid records and fees. The case must be verified, the duration of the duration is not over 5 working days.

3. Records write to the adoption of a father, mother, who is made up of 1 form, including the following papers:

a) The affidavit records the adoption of the father, the mother, the child (prescribed);

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 is required, such as the People' s Certificate of Identity, Pasship, or Valid Paperwork;

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

4. 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 of this Article 1 Article.

5. After the execution of the parent, mother, child, Director of the Department of Justice, the head of the agency ' s representative body and grant to the recipient of the Certificate of Confirmation on the notebooks of the passport notes (prescribed).

Chapter IV

MARRIAGE REGISTRATION, FATHER, MOTHER, CHILD HAS A FOREIGN ELEMENT IN THE BORDER AREA.

What? 26. Authority registration for marriage, parent, mother, child

The Social People ' s Committee in the border area performs the marriage registration, receiving the father, mother, children of Vietnamese citizens who reside in the border area with citizens of the neighbouring neighboring country residing in the border area with Vietnam in accordance with the decree. and other provisions of the law on the registration of the passport.

What? 27. Proposition, marriage registration procedure

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

a) The declaration of marriage (prescribed);

b) The certificate of marriage status or the declaration of marriage may confirm the status of a marriage to Vietnamese citizens; papers to demonstrate the marital status of the neighbouring state by the authorities of the country.

The identification papers at this point are issued for less than 6 months, as of the date of the filing, the current confirmation being 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, have to file a confirmation of the account of the divorce, the divorce was published in the United States. Foreign law, foreign policy.

2. The marriage register is married due to one of the two parties to the marriage directly at the Social People ' s Committee, where the registration is married.

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 having the case examined, the People's Committee of the People's Committee of the People's Committee, accompanied by a copy of the 01-file (a copy that does not need a certificate) sends the Department of Justice to apply for comment.

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

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

6. During the 7-day period of work, since the date of 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 under the law of registration. Yes, sir.

What? 28. Show, procedure for father, mother, child

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

a) The declaration of the father, the mother, the child (prescribed);

b) The base proves your father's relationship, your mother (if any).

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 27 of this decree for examination.

3. In the 15-day period, since the date of the filing of valid records, the Social People 's Committee is responsible for a filing of records, making the listing of the adoption of the father, mother, child during the period of 7 consecutive days at the headquarters of the People' s Committee. At the end of the listing, the People's Committee of the People's Committee of the People's Committee of the People's Office, accompanied by a copy of the 01-file (a copy that does not need a certificate) sends the Department of Justice to apply for comment.

4. During the 5-day period of work, since the day of receiving an opinion by the Social People's Committee, the Department of Justice considers the filing of a parent, mother, child, and a written answer to the Social People's Committee.

The case refused to register for the adoption of the father, mother, son, the Department of Justice with the text to the People's Committee to inform the person of the request, which states the reason.

5. During the time of the 7 working days, since the day received the consent of the Justice Department, the Social People's Committee implemented the adoption of the adoption of the father, the mother, and the child, as for the registration of the adoption of the father, the mother, the son between Vietnamese citizens who had been in the country. according to the law of the registration of the passport.

Chapter V.

ORGANIZATION AND ADVISORY ACTIVITIES, SUPPORT FOR MARRIAGE AND FAMILIES WITH A FOREIGN ELEMENT.

What? 29. The legal status of the Center for Consultology, marriage support and family has 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 Provincial Women's League, the Central City of China (later known as the League of Nations). Woman). The Women's Association decided to establish the Centre.

What? 30. The principle of consulting activity, marriage support and family has foreign factors.

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

2. Serious advantage of the use of counseling, marriage support, and family with foreign factors in order to purchase human rights, sexual aggression against women or for other purposes of other axes.

What? 31. The condition of the establishment of the Center

1. There is a non-profit principle that ensures that the non-profit principle is approved by the Women's Union.

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? 32. The procedure to register the activity of the Centre, grant the Centre ' s Operations Registration Paper

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

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

a) Active registration (prescribed);

b) The decision to establish the Centre;

c) The proof paper on 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 at paragraph 1 Article 31 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 active registration (prescribed) to the Centre. The case refused to issue an Active Registration, the Justice Department informed the League of Women's Association, which explicitly stated the reason.

4. The case of a missing or unusable Center ' s Registered Registration Paper is issued to the Active Registration Paper.

What? 33. 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 League of Women;

b) Consulting, restitution for Vietnamese citizens on language, culture, customs practices, marriage legislation and family, on the immigration of the country that was intended 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 the problems of personal, family, social, social, and related matters that the parties require; facilitate their progress in voluntary marriage, equality, progress, happiness, a wife, a husband;

) Granting a confirmation to Vietnamese citizens after having been consulted, fostering by regulation at Point A and Point 1 This Article;

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) To be carried out in partnership with consulting organization, supporting the legal marriage of foreign-related foreign marriage to address issues related to marriage and family between Vietnamese citizens and foreigners in accordance with the law;

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) The registration of the Registration Registration is specified in accordance with Article 34 of this decree.

2. The Centre has the following obligations:

a) Perform the activity according to the correct content in the Active Registration Paper;

b) Public publication of the degree of remunation due to the law of regulation;

c) Keep the secret of all the information, the thinking of the life of the law, the laws of the law;

d) under the examination, the management of the League of Women;

The report is 6 months and annually on the Centre ' s activities for the Women's Union and the Department of Justice, where registration is active; the report of a breakthrough, providing documentation or interpretation of matters concerning the activities of the Centre when there is a request from the Ministry of Justice. The state office has jurisdiction;

e) subject to the inspection, examination 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;

g) To the report of the collection of the collection, the financial details associated with consulting activities, marriage support, and families with foreign elements to the League of Women and the Department of Justice where the registration is active;

h) Other obligations under the rule of law.

What? 34. Change Center Activity Paper Content

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 Office of the Operations Registration, 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 has directly documented changes to the Center's Registration Certificate and stamped the confirmation.

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 to Central. 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 receiving a valid file, the Department of Justice has directly documented changes to the Active Registration and stamped the confirmation. The case refused to change, the Justice Department informed the League of Women and stated the reason.

What? 35. End of Center operation

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 the Registration Certificate in accordance with 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 must submit to the Registration Registration Certificate 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 advance the use of the Active Registration Paper 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. The place was registered.

Chapter VI

STATE MANAGEMENT OF MARRIAGE AND THE FAMILY HAS FOREIGN ELEMENTS.

What? 36. The mandate, the powers 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 a written jurisdiction over the rule of law on marriage and the family with a foreign element.

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 the settlement of marriages and families. There is a foreign element according to the rule of law.

3. The unanimous execution board and the registration of the regionship pursuits to the provisions of this decree.

4. Inspector, examines 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 rule of law.

5. Do the statistics on the registration of marriage; receive the father, mother, child; the degree of identification of the marital status; write the marriage book, receive the father, mother, child according to the decree 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? 37. 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 director of the agency represented in the implementation of the law on marriage and the family with foreign elements, a career registered to the passport; implementing measures to protect the legal rights and interests of Vietnamese citizens abroad in marriage and family relations. It is consistent with the law of the country to receive and the international treaty that Vietnam is a member.

2. The director of the representative body makes statistics, reports periodically every year on the situation of registration of marriage; to receive a father, mother, child; write a marriage book, receive a father, mother, child of the jurisdiction of the agency, as defined by this decree.

The statistical synthesis and the annual periodic report on the situation of the marriage registration, the father, the mother; write to the marriage book, the father, the mother, the organ of the jurisdiction of the representative body to the Ministry of Justice.

3. Update, provide basic information about the law, culture, customs, the centralization of the countries in order to make the basis for the direction of media work, consulting in the country.

4. Inspector, which examines the implementation of the law on marriage and the family with foreign elements at the agency, the settlement of the complaint, denouncing the provisions of the law; the handling of the administrative breach of marriage and the family with foreign factors in accordance with the law. The law.

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

6. Level copies from the original book Certificate of Marriage, Decision recognizing the adoption of the father, mother, child according to the rule of law.

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

What? 38. Mission, authority of the representative body

1. The Agency for the Enforcement of the State Administration of Marriage and Family, 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 format and every year on the situation of marriage registration, parent, mother, child; writing in the marriage book, parent, mother, child of the jurisdiction of the Agency's resolution according to the decree of the decree. Hey.

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 representative body perform the duties, the specific powers prescribed at Clause 1 Article, except for the settlement of the stipulation specified at the point of Article 1 This Article.

What? 39. 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. Well, conditions favorable to Vietnamese citizens were registered to marry, recognized as a parent, mother, child, 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. for women and children, as well as other acts that violate the laws of marriage and families with foreign factors.

3. Inspector, check out the implementation of the law on marriage and the family with a foreign element according to the rule of law.

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

What? 40. The mission of the ministries, peer agency, 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? 41. 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 in a 6-month format and every year on the situation of marriage registration, parental identification, mother, child; writing in the marriage book, parent, mother, child according to the provisions of this decree; the execution of the law on marriage. and the 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. The rules are defined by this decree.

What? 42. Participate in the state management of marriage and family with foreign elements of the Central African Women ' s Union Central Committee.

The Ministry of Justice, ministries, peer agencies, government agencies, the Provincial People's Committee secured the Central Committee of the Vietnam Women's Association to participate in state management of marriages and families with foreign elements according to the law. The Central Committee of the Women's Union of Vietnam participated in state management of marriages and families with foreign elements, with the following duties and powers:

1. Set up the Centre by Regulation at this Decree and perform the Operations Management of the Centre.

2. Directed by, Guide to the Provincial Women ' s Union, the Central City of Central to establish the Centre and implement the Operations Management of the Centre.

3. Directed, guide to the organization and operation of the Centre.

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

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

Chapter VII.

EXECUTION CLAUSE

What? 43. Apply Decree in Special case

The decree was also applied to the registration of the marriage, receiving the father, mother, child between Vietnamese citizens who had foreign citizenship with Vietnamese citizens or with foreigners.

What? 44. Papers for the non-nationality, who has two or more foreign nationals, Vietnamese citizens. Southern settlement abroad

1. In case this decree does not specifically specify papers due to the competent authority of the foreign country, used in the registration of marriage, the adoption of the father, the mother, the son of the non-nationality, who has two or more foreign nationals, these papers. is defined as follows:

a) For the non-nationality, it is the papers given by the authority of the country, where the person usually takes place;

b) For the person who has two or more foreign nationalities, is the paper provided by the authority of the country by which the person has a permanent residence. If the person does not reside in one of the countries with nationality, it is due to the competent authority of the country that the person carries a passport.

2. For Vietnamese citizens residing abroad, paper used in the registration of marriage; receiving a father, mother, child; recognizing the marriage; writing to the receiving of the father, mother, child is the paperwork provided by the authority of the country where the person settled or the university authority. It's in the water.

What? 45.

1. This decree has been in effect since 15 May 2013.

2. Repeal Decree 68 /2002/NĐ-CP The July 10, 2002 Government of the Government rules out the implementation of some of the provisions of the Marriage and Family Law on marital and family relations with foreign elements (then called the Numerical Decree). 68 /2002/ND-CP), Number Protocol 69 /2006/NĐ-CP July 21, 2006 of the Government amended, adding some of the provisions of the Digital Protocol. 68 /2002/NĐ-CP (later called the Digital Protocol) 69 /2006/NĐ-CP).

3. The filing requires a marriage registration; take a father, mother, child; write a marriage note, take a father, mother, child, who has been settled at the authority of foreign authority abroad given by the authorities of Vietnam before the date of this decree taking effect. It ' s going to continue to be resolved by the regulation of the digital decree. 68 /2002/NĐ-CP And the digital decree. 69 /2006/NĐ-CP.

The paper issued a Certificate of Marriage for Vietnamese citizens residing in the country to marry foreigners at the foreign authority of foreign countries, which has been received by the authorities of Vietnam prior to the date of this decree. taking effect, continues to be resolved under the regulation of the Digital Protocol. 158 /2005/NĐ-CP December 27, 2005 of the Government on Registration and Management of the President and the Digital Protocol 06 /2012/NĐ-CP 2 February 2012 of the Government amended, compleming some of the provisions of the decrees on the passport, marriage, and family and endorsement.

4. The Minister of Justice is responsible for organizing this decree.

5. The ministers, peer-to-peer agency, Head of the Government of the Government, Chairman of the People ' s Committee and the agencies, organizations, individuals who are involved are responsible for the implementation of this decree ./.

TM. THE GOVERNMENT.

The Prime Minister.

(signed)

Dao Dung