CIRCULAR guiding the implementation of a number of articles of Decree No. 126/2014/ND-CP DATED 31 December 2014 the Government detailing some things law enforcement measures, and marriage and family on marriage and family relations are foreign _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 158/2005/ND-CP on December 27, 2005 by the Government on registration and management of the President;
Pursuant to Decree No. 06/2012/ND-CP of July 8, 2012 of the Government revising, supplementing some articles of the Decree about the Registrar, marriage and family and probate;
Pursuant to Decree No. 22/2013/ND-CP dated 13 March, 2013 of government functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 126/2014/NĐ-CP dated 31 December 2014 the Government detailing some things law enforcement measures, and marriage and family;
At the suggestion of the Chief Registrar, citizenship, testimonials;
The Minister of Justice issued a circular guiding the implementation of a number of articles of Decree No. 126/2014/ND-CP DATED 31 December 2014 the Government detailing some things law enforcement measures, and marriage and family on marriage and family relations have foreign elements.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular guiding the implementation of a number of articles of Decree No. 126/2014/ND-CP DATED 31 December 2014 the Government detailing some things law enforcement measures and marriage and the family (hereinafter the Decree No. 126/2014/ND-CP): procedure to resolve the marriage registration father, mother, son, get to have foreign elements; log the marriage Registrar, getting his father, mother, son of Vietnam nationals have been addressed in the competent bodies of foreign countries in foreign countries (hereinafter called the marriage log, log the receipt of father, mother, child); grant the certificate of marital status for Vietnam citizens residing in the country to marry foreigners in the competent bodies of foreign countries (hereinafter the certificate level of marital status); Registrar log the divorce, the marriage is unlawful cancellation has to be addressed in foreign countries (hereinafter the log the divorce); Organization and operation of the Advisory Center, in support of marriage and family have foreign elements (hereafter referred to as the Centre); amendments, enacted some form using the Registrar to resolve the registration of foreign elements have Registrar.
2. Registration of marriage, father, mother, children between Vietnam's citizens have foreign nationality with Vietnam nationals or foreigners are made according to the provisions of Decree No. 126/2014/ND-CP and the provisions of this circular.
3. The provisions of this circular do not apply to the marriage, the father, mother, children between Vietnam's citizens are working, learning, labour, time travel abroad together or with Vietnam citizens domiciled in the country.
Article 2. Copies of the papers after the Registrar to resolve the marriage registration, register the receipt of father, mother, son, there are foreign elements that the parties married, get parents, you request a copy of the certificate of marriage, the decision acknowledged the receipt of his father, mother, son, the Justice Department based on the registry of marriage The register, father, mother, son, to give a copy to the person who has requested. The copy by the Director of the Justice Department or the person authorized to sign the Director and seal of the Department of Justice.
Article 3. Calculation of the time limit in order to resolve certificate level profile of marital status, marriage registration, marriage log, log the divorce time please send text comments and text for comments between the people's Committee of communes, wards and towns (hereinafter the township-level people's committees) and the Department of Justice when tackling the record certificate level get marital status; time to send comments please text and text for comments between the Justice Department and the Department of Justice when tackling the log records the divorce; time to postpone the interview as specified in clause 2 article 7, paragraph 2 article 9; time to send the verification proposal text and text message verification results between the Justice Department and the judiciary as prescribed in clause 1 article 9; time to send text suggest checking and text message test results between the Department of Justice under the provisions of article 10 paragraph 1 of this circular do not count on the time limit for settling the profile.
Article 4. Suspension of registration records of marriage, father, mother, child elements; the level of marital status certificate; log the marriage; log the receipt of my father, my mother, my case before the Registry Registrar marriage registration ceremony; before taking the decision to acknowledge the receipt of my father, my mother, my child; before the registration authority granting the Registrar confirming marital status, marriage log, log the receipt of father, mother, son, that the proposed text is required to terminate the settlement records Registry Registrar suspend the settlement records, notice in writing to the request.
If then, the equivalent requirement continue to be resolved they must redo the procedure from the beginning.
Article 5. Responsibility to inform about the results solve marriage registration records, father, mother, child elements; log the marriage; log the receipt of father, mother, child 1. After the marriage certificate awarded to either side of the female, male; the marriage log, the Justice Department has the message text for the social people's Committee, which has endorsed marital status for the citizens of Vietnam to the notes certificates confirming marital status.
2. After refusing marriage registration under the provisions of article 26 of Decree No. 126/2014/ND-CP, suspension of registration records of marriage according to the provisions of article 4 of this circular, the Department of Justice in writing informed the Committee of the people's commune level, place of residence of the citizens of Vietnam to the notes certificates confirming marital status.
3. after receiving the recognition decision granted the father, mother, son, to the parties; log the receipt of father, mother, son, the Justice Department has a written notice to the Commission, where the township-level people's birth registration of children, the population of Vietnam to notes on the registry of births.
4. The case of Vietnam citizens settled abroad being diplomatic representations, consular representative bodies and other agencies authorized to perform consular functions of Vietnam abroad (hereinafter the Agency) granted certificate of marital status, then after marriage registration , The Department of Justice have text sent Consular Bureau, Ministry of Foreign Affairs to inform the representative body notes in Shared grant marital status certificate.
5. The Justice Department made the notification prescribed in paragraphs 1, 2, 3 and 4 of this Article within 7 working days from the date of awarding a certificate of marriage, given the decision to acknowledge the receipt of my father, mother, son, the marriage log, log the receipt of my father, my mother notification in writing, refused to register the marriage.
Chapter II REGISTRATION PROCEDURE article 6. Registration of marriage records marriage registration is made in accordance with article 20 of Decree No. 126/2014/ND-CP and was instructed as follows: 1. Declaration Of marriage registration on each side to make a marriage registration form, record the information of two South side , American; signed, specify the name of the person making the Declaration. Cases both parties present when filing just do 1 marriage registration form, record the information of either side of the female, male; signed, specify the names of the two people.
If a marriage registration has been confirmed by the competent authorities of Vietnam about the marital status of the population of Vietnam is not filed certificate of marital status. If you already have a certificate of marital status is not confirmed in the Declaration of marriage registration.
When filing, whose request to be married must present proof of identity such as: identity card, passport or papers other replacement value (original or certified copy, valid certificate) has been recorded in the declarations registry to check , compare.
2. proof of marital status a) Vietnam citizens residing abroad (not at the same time foreign nationals) submit verification of marital status by the representative body in the country in which that person resides or proof of marital status by the competent bodies of foreign countries where that person resides.
b) Stateless Persons who reside long-term stability in Vietnam must submit verification of marital status by the people's Committee of social, where that person resides.
Article 7. Interview, verify profile marriage registration 1. The Department of Justice to just recommend same level police agencies to verify in case it deems the marriage had problems related to national security, social order and safety; There are signs, unauthorized entry, human trafficking, illegal marriage brokers, fake marriage immigration purposes, profited or other issues related to the functions and tasks of the police. 2. The South side of the case or the female party has legitimate reasons that could not be present for the interview on notice they must have written to suggest moving the interview to day, suggested text should clearly state the reason may not be present on and suggest the next interview. Interview times after not more than 30 days from the date the previous interview.
Article 8. Marriage registration ceremony The marriage registration ceremony was performed according to the provisions of article 24 of Decree No. 126/2014/ND-CP and was instructed as follows: 1. When the registration of the marriage ceremony, both male and female party must be present and show your proof of identity.
2. where there is good reason that the two men, women could not be present to celebrate marriage registration on the day the Justice Department determined they must be writing suggest the Justice Department renewed the registration ceremony time married and stating the reason may not be present. The Justice Department has the responsibility to inform the renewal proposal know the deadline extension was not too 90 days from the date the President of the provincial people's Committee signed the marriage certificate.
Chapter III GRANTED the CERTIFICATE of MARITAL STATUS, MARRIAGE LOG, LOG the DIVORCE article 9. The order settles license records confirm marital status

The order settles license records confirm marital status are made according to the provisions in paragraph 2, paragraph 3, clause 4, clause 5 Article 28 of Decree No. 126/2014/ND-CP and was instructed as follows: 1. In case of need, the Justice Department proposed the justice, County, district or town to support verification. Within 5 working days from when the request was received to support the justice Room, proceed to verify and announce results for the Justice Department.
2. where the request for special reasons such as sickness, accidents, unforeseen events that could not be present for the interview on the day was announced, they must have written to suggest moving the interview to day but not more than 30 days from the date has been announced. The suggested text should clearly state the reason cannot be present and must be sent to the Justice Department or Committee level. The people's Committee of responsible township-level information to the Justice Department on the work if the text proposed to postpone the interview.
Article 10. Solve sequence log records the marriage resolution sequence log records the marriage is performed according to the provisions of article 38 of Decree No. 126/2014/ND-CP and following instructions: 1. after receiving the record, Justice Department verifies the paperwork on file. If Vietnam citizens residing in the country at the time of marriage registration procedures at the Agency have the authority of the foreign test, against the record level of marital status certificate for citizens. The case Vietnam citizens be granted certificate of marital status in the province, the Department of Justice has sent the Justice Department a text where gave comments on the level of marital status certificate, suggestion, check collate. Within 5 working days from the date of receiving the written recommendation examine, where Department of Justice received requests have the responsibility to examine, compare and have text answers.
2. After checking the profile level collation, verification of marital status under the provisions of paragraph 1 of this article, if the grant of a certificate of marital status is not in the right sequence, procedure, the Justice Department conducted verification, clarification. The case of the verification results showed the party eligible to marry in accordance with the law on marriage and family at the time of requesting verification of marital status, the Justice Department is still conducting the marriage log.
After the marriage, the book records the Department of Justice had the proposed text-level people's committees of communes, where has endorsed marital status renovation, processed according to the rules.
Article 11. Determine jurisdiction log records the divorce jurisdiction log records the divorce is done according to the provisions of article 42 of Decree No. 126/2014/ND-CP and was instructed as follows: 1. where the registry of marriage, marriage log ago no longer retains or surviving but no content posted subscription request, if people are required to present a certificate of the marriage certificate, log the marriage before the authority to log the divorce is determined according to the provisions in clause 1 Article 42 of Decree No. 126/2014/ND-CP DATED. 2. The case for marriage registry, log the previous marriage no longer retains or surviving but not the content of the request and the request does not produce a certificate of marriage certificate, log the marriage before the authority to log the divorce is defined as follows : a) if the person is resident in Vietnam required the authority to log the divorce in the Justice Department where the resident requests;
b) if the request does not usually stay in Vietnam, but who do log the divorce to marriage registration in Vietnam, the authority to log the divorce in the Justice Department where the person requesting registration procedures;
c) if the request is not resident in Vietnam and who do log the divorce not because the purpose of marriage registration in Vietnam, the authority to log the divorce in the Justice Department where the requester resides before exiting.
Chapter IV SUBSCRIBE to father, mother, SON of article 12. Order to resolve recipient profile father, mother, son of the order resolving the record receive the father, the mother, the child is made according to the provisions of article 34 of Decree No. 126/2014/ND-CP and was instructed as follows: 1. The text listing of people's Social Commission, the Justice Department about getting my father , mom, I must include information: first and last name, gender, date of birth, place of residence, number of the identity card or passport of the recipients and recipients of is father, mother, children; the expected time limit given the decision acknowledged the receipt of his father, mother, children at the Justice Department.
2. after receiving the record that one of the two parties to get his father, mother, children killed, the Justice Department continues to resolve in getting his father, mother, son, under the provisions of the law; If both sides died then cease treating documents receive the father, mother and children.
3. In the process of resolving disputes that arise records about getting my father, mother, son, the Justice Department suspended the settlement profile, guide to the dispute, the party or parties is received is the father, mother, son, asked the Court to have jurisdiction according to the proceedings.
4. In the process of solving records that have complaints, accusations about getting my father, mother, son, the Justice Department to temporarily suspend the resolution until the profile have resulted in complaints, accusations.
5. where a party or both parties receive the father, mother, son, there's good reason that could not be present to receive the decision acknowledged the receipt of his father, mother, son, on the day the Justice Department determined they must send in writing the Justice Department suggested changing the date of the decision, which stated the reason may not be present.
6. in case of receipt of father, mother, son, daughter, age 9, under which are not required to be present when the decision acknowledged the receipt of his father, mother and children.
7. recognition of decisions receipt of father, mother, son, to take effect from the date of the decision given to parties and written to the registry in getting his father, mother and children.
Article 13. Order to resolve recipient profile father, mother, son, birth registration match the case requires the recognition of father, mother, son, that his birth is not registered, then the Justice Department settled the match got the father, mother, son and birth registration are as follows: 1. in case of birth registration in the jurisdiction of the Department of Justice, the Justice Department settled the match get the father, mother, son and birth registration. Birth certificate or substitute birth certificate documents and declarations of birth registration has the value substituted for the birth certificate in the registry records the receipt of father, mother and children.
2. for the registration of births under the authority of the township-level people's committees of the Department of Justice to resolve the receipt of father, mother, son of previous; Birth certificate or substitute birth certificate documents and declarations of birth registration has the value substituted for the birth certificate in the registry records the receipt of father, mother and children.
After getting his father, mother, son, the Justice Department has written notice, accompanied by a copy of the decision to acknowledge the receipt of my father, mother, son, birth certificate or substitute birth certificate documents and declarations of birth registration send social people's Committee has the authority to conduct the birth registration for children according to the regulations.
Chapter V ORGANIZATION of the CENTER'S ACTIVITIES, counseling, MARRIAGE and FAMILY SUPPORT HAVE FOREIGN ELEMENTS to article 14. Conditions established conditions Center established the Center to follow the provisions of article 53 of Decree No. 126/2014/ND-CP and was instructed as follows: 1. place the Center's activities are secured by area, working facilities, consistent with local practices.
2. The Center must have at least 1 person who performs professional consulting. The Center may use contract labor, consulting collaborators often or work.
3. The head of the Center, the consulting activities, support the Center's professional qualification from University and have work experience of at least 3 years in the areas of language, culture and society, the law consistent with the field of practical advice , support.
Article 15. Powers, duties of central authority, the obligations of the Centre are made according to the provisions of article 55 of Decree No. 126/2014/ND-CP and was instructed as follows: 1. When people ask for advice, support, the Centre is responsible for: a) receiving inquiries, support;
b) layout places and appropriate personnel to perform consulting, support;
c) Granting certification of the Center after the end of the consultation, support if people are consulting, support request, no exams, testing.
2. Duration of consultancy, supported by the Center deals with the request.
3. The Centre is established or has transformed the Organization, operating under the provisions of Decree No. 24/2013/ND-CP of March 2013 detailing the Government's implementation of some articles of the law on marriage and family on marriage and family relations are the foreign elements continue to operate according to the provisions of article 55 of Decree No. 126/ 2014/ND-CP marriage assistance centre was established under the provisions of Decree No. 68/2002/ND-CP dated 10 July 2002 from the Government detailing the implementation of a number of articles of the law on marriage and family on marriage and family relations that has transformed the organization model active, fit the provisions of Decree No. 126/2014/ND-CP and this circular shall only be consulting activities, and support the Center's certificate as defined in points a, b, c, d, e, f, i, k, paragraph 1 Article 55, do not perform the operation as defined in point g , point h paragraph 1 Article 55 of Decree No. 126/2014/ND-CP. Chapter VI TERMS the IMPLEMENTATION of article 16. Transitional provisions

Profile sign up for father, mother, children; log the marriage; log the receipt of father, mother, children; License validation status of marriage in an addressed according to the provisions of article 66 of Decree No. 126/2014/ND-CP, then use the form to the respective Registrar attached to circular No. 09b/2013/TT-BTP on May 20, 2013 of the amendments and supplements to some articles of the circular No. 08. a/2009/TT-BTP dated 25 February 2010 by the Ministry of Justice of issuing and guide the recording, storing, using, and Registrar form circular No. 05/2012/TT-BTP on May 23, 2012 of the Ministry of Justice amending, supplementing some articles of circular No. 08. a/2009/TT-BTP (hereafter referred to as the circular No. 09b/2013/TT – BTP).
Article 17. Effect 1. This circular is in effect from April 10, 2015.
2. Amendment 8 in the Registrar form listing the type of window, Registrar form attached to circular No. 09b/2013/TT-BTP into the corresponding form in the Registrar form attached to this circular, including: a) decided to acknowledge the receipt of my father, mother, child (original) sample TP/HTNNg,-2013-CMC. 1 used at the Justice Department;
b) decided to acknowledge the receipt of my father, mother, child (original), the form TP-NG/HT-2013-CMC. 1, used in the representative bodies;
c) decided to acknowledge the receipt of my father, mother, child (copy), the HO CHI MINH CITY/HTNNg-2013-CMC. 1. a, used in the Justice Department;
d) decided to acknowledge the receipt of my father, mother, child (copy), the form TP-NG/HT-2013-CMC. 1. a, used in representative bodies;
DD) decided to acknowledge the receipt of my father, mother, child (copy), the form TP-NG/HT-2010-CMC. 3. a, used in the Foreign Ministry;
e) marital status certificate (issued for Vietnam citizens resident in the country for marriage with foreigners in the competent bodies of foreign countries abroad), form TP/HT-2013-XNTTHN;
g) confirmation about already noted in the book the Registrar has registered before the competent bodies of foreign countries, model TP/HT-2010-XNGC. 1, used in the Justice Department;
h) confirmation of the notes in the log book the Registrar has registered before the competent bodies of foreign countries, the form TP-NG/HT-2010-XNGC. 2, used in representative bodies.
3. Issued 2 form by Registrar Registrar form enclosed herewith resolution to the Registrar log the divorce, including: a) the declarations recorded in the book the President the divorce was settled in a foreign country, the HO CHI MINH CITY/HTNNg-2015-GCLH.;
b) log certificate Registrar the divorce was settled in a foreign country, the HO CHI MINH CITY/HTNNg-2015-XNGC. 3.
4. Abolish circular No. 16/2009/TT-BTP on 08 October 2010 of the Ministry of Justice instructed the Registrar to record the divorce conducted abroad; Circular No. 01/2013/TT-BTP 31 December 2013 of the Ministry of Justice detailing and guiding the implementation of a number of articles of Decree No. 24/2013/ND-CP of March 2013 detailing the Government's implementation of some articles of the law on marriage and family on marriage and family relations have foreign elements.
5. In the process of implementing, if there are problems, the people's Committee suggested the province, central cities, the Justice Department promptly reflected on the Department of Justice for instructions./.