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Circular 7/2002/tt-Btp: About Guiding The Implementation Of A Number Of Articles 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 The ...

Original Language Title: Thông tư 07/2002/TT-BTP: Về việc hướng dẫn thi hành một số điều của Nghị định số 68/2002/NĐ-CP ngày 10 tháng 7 năm 2002 của Chính phủ quy định chi tiết thi hành một số điều của Luật Hôn nhân và...

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Pursuant to 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 are foreign;

Pursuant to Decree No. 38/CP dated 4 June 1993 by the Government on the functions, duties, powers and organization of the Ministry of Justice;

After the Unified Exchange ideas with Ministry of public security, Ministry of Foreign Affairs, the Ministry of labor, invalids and Social Affairs, Committee on population, family and children;

The Department of Justice guide to the implementation of a number of articles 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 have foreign elements as follows: I-GENERAL PROVISIONS 1-scope 1.1 application-object, as defined in article 1 and article 79 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 have foreign elements (hereinafter the regulations) , marriage, father, mother, child and the adoption between Vietnam citizens with foreigners, between foreigners residing in Vietnam together and between citizens of Vietnam together that one side or both sides settled in foreign countries must comply with the decree and this circular.

The decree and this circular also applies to the marriage between foreigners with which a party or both parties don't usually stay in Vietnam, if they require, and the adoption between alien to each other that the party was adopted as stateless children residing in Vietnam.

1.2-as defined in article 2, article 3 and article 4 of the nationality law of 1998, Vietnam "Vietnam citizens resident abroad" is the nationality reside, Vietnam, long live abroad, not to mention that people have foreign citizenship or not.

The population of Vietnam are staying overseas duration (the purpose of the work, learning, labour, ...) or have run out of time staying abroad without a foreign residence permit shall not "settled" in foreign countries (hereinafter called Vietnam citizens staying abroad). The marriage, his father, mother, children, adoption between Vietnam citizens staying abroad with each other or with Vietnam citizens residing in the country are made according to the provisions of the law on registration, the Registrar is not subject to the decree and this circular.

2. consular legalization, consular legalization, notarized, certified for exemption of foreign papers: according to the provisions of article 4, article 6 and article 67 of Decree, the consular legalization, consular legalization, notarized, certified for exemption of foreign papers to use for getting married , father, mother, children, adoption to have foreign elements are as follows: 2.1 principle, papers by foreign organizations, agencies, notary, certified abroad to use for marriage, the father, mother, children, adoption has foreign elements before the competent authorities of Vietnam , must be legalized consuls. Consular legalization is the authenticated signature, the Hide on the foreign papers for use in Vietnam. The endorsement by the Consular Bureau (Foreign Ministry), the Foreign Affairs Department of Ho Chi Minh City, diplomatic missions, consular or other agencies of Vietnam are the credentials make consular functions in the foreign proceeding. Consular legalization procedure is performed under Circular No. 01/1999/TT-BNG on 03 June 1999 of the Minister of Foreign Affairs regulations regulations legalization papers, documents.

The exemption from consular legalization only made with regard to:-the Agency's papers, the competent organizations of the country has signed with Vietnam international treaties, including the rules on the exemption for consular legalized documents, documents of each other (list of countries that have signed treaties with Vietnam are attached to this circular and the Justice updated when there is a change);

-Papers due to diplomatic missions, consular agency of Vietnam granted to foreign citizens that water for use in Vietnam, on the principle of reciprocity (the list of countries attached to this circular and updated by Ministry of Justice when there is a change of the Ministry of Foreign Affairs);

-Paper by the Agency, the competent organizations of the people's Republic of China, Lao People's Democratic Republic and the Kingdom of Cambodia (hereinafter referred to as the neighbouring countries) for their citizens residing in the border areas with Vietnam to use for marriage, the father , mother, child, adoption with Vietnam citizens residing in the border area with water.


2.2-foreign language papers, before submitted to the competent State agencies of Vietnam, must be translated into Vietnamese translation must be notarized in accordance with the law of Vietnam, except paper by the Agency, the competent institutions of the neighboring countries give their citizens residing in the border areas with Vietnam to use for getting married , father, mother, children, adoption with Vietnam citizens residing in the border area with water it just translated into Vietnamese and have committed to writing by the translator about the correct translation of the contents of that language, no need for certified.

Private Vietnamese translation papers in getting children to Vietnam for adoption by foreigners resident in the country in which that country has signed or joined the international treaties on cooperation with Vietnam adoption must be notarized in diplomatic representations or consular agency of Vietnam in that country.

3-duration of valuable papers deadline six months worth of paperwork specified in point a and b of paragraph 1 article 13 a d and c paragraph 1 Article 41 paragraph 1 b and Article 69 of the decree is calculated from the date of grant of the papers on which the filing at the Department of Justice (for the marriage or in the international adoption agency Vietnam's Ministry of Justice (hereinafter the international adoption agency) (for adoption, please).

4-the responsibility of the Department of Justice as specified in paragraph 2 to article 76 of Decree, the Justice Department helps provincial people's Committee in implementing State management on marriage and the family have foreign elements, make the reception record (except application adoption international adoption agency receiving) , fee, research, verifies records, suggested the comments course of provincial people's committees to solve for each particular case and the mission, other specific powers under the provisions of the Decree.

As for the marriage, his father, mother, children, adoption in the border area, the Justice Department examine, review and commenting on each specific case to the Committee-level people in the border areas.

5-Level copy of the Registrar documents.

After the log the marriage Registrar, get my father, mother, children, adoption in which litigants requesting a copy of the certificate of marriage, decided to get his father, mother, son, decided to adopt a child, the Justice Department based on the original book to give a copy to the litigants; the copy by the Director of the Justice Department or the person authorized to sign the Director and seal of the Department of Justice.

6-responsibility reports, Justice Department statistics have the responsibility to implement strictly the submitted reports, periodic statistical data 6 months and annually to the Ministry of Justice and the provincial people's Committee on the State of the marriage settlement, father, mother, children, adoption to have foreign elements (according to the template specified by the Ministry of Justice).

Enclosed statistics report 6 months calculated from January 1 to June 30; the statistics attached to the annual report are calculated from January 1 to the end on December 31 of that year. 6 month report must be submitted before 31 July and the annual report must be sent before 31 January of the following year.

7-inspection, check the Department of justice initiative or in cooperation with the relevant ministries to conduct the inspection, inspect the implementation of the decree by the specialized functions, in order to promptly detect, prepare and handle according to the jurisdiction in violation of the registration of the marriage, the father, the mother , children, adoption has foreign elements.

II-guide to SOME of the PROVISIONS of the ORDER, the PROCEDURE of MARRIAGE REGISTRATION, father, mother, children, ADOPTION to HAVE FOREIGN ELEMENTS 1-marriage registration have foreign elements 1.1-About some paperwork in the profile registry.

1.1.1-each party must do the registration Declaration of marriage photo (according to the model regulations) be certified by the competent authorities of the following about the current litigants who do not have a wife or unmarried:-for Vietnam citizens residing in the country, the Agency has jurisdiction to certify under the provisions of the law on the family register.

-For Vietnam citizens settled abroad, by the competent authority of the country where the person is residing or by diplomatic missions or consular agency of Vietnam where confirmed.

-For foreigners residing abroad, by the competent authority of the country where that person has citizenship and permanent residence confirm. If the foreign law does not prescribe the Declaration confirmed in marriage or non-registered dăng level confirmations about marital status, then replace it with the text of the oath that no current about the wife or unmarried; the form of the oath must conform to the laws of that country.

-For foreigners residing in Vietnam, then by the people's Committee of social level, where people usually stay confirmed.

1.1.2-confirmations at present litigants are not mental disease or mental disease but not to the extent not likely aware his behavior caused by medical specialty organization of mental of Vietnam from the provincial level or by medical specialty organization of mental of the foreign where the person is residing.


1.1.3-in the case of the population of Vietnam had decided to divorce judgment (to each other or foreigners) by the Court or other competent authority of a foreign judgement, decided to do the procedure notes in the log book at the Justice Department and submit the confirmation of Justice Department about whether to have the judgment notes the divorce decision, which (if the notes at other places); If the divorce in the courts of Vietnam shall submit a copy of the judgment or the excerpts of the judgment of divorce law was in effect. Foreigners who marry and divorce together abroad, no need to note the divorce, just submit a copy of the judgment, the divorce decision has legal effect; If married in Vietnam or married to citizens of Vietnam in Vietnam and overseas divorce, they must do the procedure notes.

Procedure notes the judgment of divorce decisions, said at this point are made according to the provisions of the law on registration of households.

1.1.4-in case the Privy spouses died, they must submit a copy of a death certificate.

1.2-About married filing procedure: according to the provisions of article 14 of the Decree, in principle, when applying to register the marriage, both men and women must be present. In case a party due to sickness, disease, busy work or have other legitimate reasons that can't be present to direct applicants, they must have the authorization of the other paper filed instead of records, which stated the reason of absence; Attorney must be certified valid.

1.3-on order and solve marriage records: according to the provisions of article 16 of the Decree, the Justice Department has the responsibility to help the provincial people's Committee in the reception rooms, study, assessment records, propose the registration or refusal of registration of marriage and responsibility of marriage.

On order and solve the marriage registration, to note some of the following issues: 1.3.1. About the procedure for listing the marriage: the listing of marriage was conducted in 7 consecutive days at the headquarters of the Department of Justice and the social people's Committee, where permanent or temporary stay of citizens of Vietnam or the alien's residence. Text listing the marriage must include information on either side of the men and women such as first and last name, gender, date of birth, place of residence, school shelter, marital status (not a spouse, have your spouse but has had divorce or death), expected time of marriage registration (if no complaints the marriage, accusations against the law).

In case of complaints, accusations the marriage, social people's Committee has the responsibility to immediately report in writing to the Justice Department. If no complaints, accusations the marriage, social people's Committee does not have to report the Justice Department about the results listed.

1.3.2-in the process of examining records to register the marriage, if there are complaints, accusations the marriage is unlawful, the marriage is fake (married does not aim to build, just married exit purposes abroad), the Justice Department conducted verification or require litigants to the head of the Department to interview , make it clear.

In case of doubt the marriage have forged papers, or have issues that need to verify in the functioning of the police, the Department of Justice have dispatch send the police required the same level of verification, accompanied the 1st marriage. As defined in clause 2 article 16 of Decree, the police conducted to verify and respond to the Justice Department within 20 days from the date of receiving the written request by the Justice Department. If this time limit expired that the police have yet to have the text of the reply, the Justice Department suggested the comments still Chairman of people's Committee of provincial level review decision, which stated the issue have asked the police to verify.

1.3.3 – in the case of the provincial people's Committee refused to register the marriage then the Committee have written to notify litigants, which stated the reason for rejection. Litigants are not refunded the registration fee.

1.4-About marriage registration ceremony.

Marriage registration ceremony was conducted according to the provisions of article 17 of the Decree. When the registration of the marriage ceremony, on men and women must be present, present the identity card, passport or valid travel documents (such as passport or photo identification) and expressed the will to voluntarily sign the marriage registry for marriage and marriage certificate.

In case because of sickness, disease, busy work or have other legitimate reasons which can not be present at the time, litigants must have application for the Department of justice delayed registration of marriage; menu does not need proof. The deadline postponed the marriage no longer than 90 days from the date the President of the provincial people's Committee signed the marriage certificate. If this time limit that still not held marriage registration was due to the absence of the litigants, the Justice Department reported in writing to the provincial people's Committee about this. If after that new litigants request organizations registered to marry, they must redo the papers according to the procedure of registration of marriage from the start.

2-father, mother, son, there are foreign elements 2.1-About conditions please accept my father, mother, children:


According to the provisions of article 28 of the Decree, the Justice Department just received an application to receive the father, mother, son, if the receiving party and the party are all alive at the time of the petition, voluntarily agree and no dispute; If in the process of tackling the record that either party dies, there is no dispute, then the receipt of father, mother, children continued to be addressed; If both sides dead, the Justice Department suspended the settlement got the father, mother and children.

In the process of resolving disputes that arise records between the party and the party is recognized as the father, mother, son, or with a third person, the Justice Department suspended and guide litigants filed the petition to the provincial people's courts settled the proceedings.

2.2-on order, the procedure for resolving please accept my father, mother, children: according to the provisions of article 30 and article 32 of Decree, to note some of the following issues: 2.2.1-in case someone please accept my dad, mom, I have the papers, documents, and evidence to prove the parents , (such as letters, movie, pictures, tapes, video discs, results of medical examiners ...) shall submit an application to receive the father, mother, children; without the papers, documents, evidence, the Justice Department still considered resolved (if valid and full profile).

In the case of children not yet registered the birth, you can allow combined resolution please accept my father, mother, children before and after birth registration.

2.2.2-on procedure listed on the receipt of father, mother, children: the listing was conducted within 15 consecutive days at the headquarters of the Department of Justice and the headquarters of the people's Committee of social level, where often stay people are getting is the father, mother and children.

Listing text must include the information about the recipients and recipients of the father, mother, son as first and last name, gender, date of birth, place of residence, number of the identity card or passport, expected time to register the receipt of father, mother, child (if no complaints, report the receipt of father , mom, I).

Within the listing, if there are complaints, report the receipt of father, mother, son, the social people's Committee has the responsibility to immediately report in writing to the Department of Justice; If no complaints, report the receipt of father, mother, children, social people's Committee does not have to report the Justice Department about the results listed.

2.2.3-decided to acknowledge the receipt of my father, my mother, my child has value from the date given to the parties involved and to write to the registry.

2.2.4-in the case of refusal or suspension of the settlement got the father, mother, son, litigants are not refunded the fee.

3-sign the adoption to have foreign elements 3.1-prescribed in clause 2 Article 35 of the Decree, in principle, only to settle for foreigners to receive children adopted by Vietnam (hereinafter the adoption applicants), if the person is resident in the country in which that country has signed or to join international treaties on cooperation with adoption Vietnam (the list of countries attached to this circular and updated by Ministry of Justice when there is a change). For exceptions only consider settling for foreigners resident in the country in which that country has not signed or have yet to join international treaties on cooperation with Vietnam adoption please get Vietnam children for adoption, if the destination list, please the following children are living in families orphaned:-both the father and mother or his mother (or father) the other who is not clear;

-Disabilities;

-Yes, close relationship with adoption applicants.

Closely related is the relationship between you, your aunt, uncle, uncle together (according to internal lateral or side of foreign exchange); close relations are relations between the stepfather with his own wife, stepmother with stepchildren.

People please receive orphans, handicapped mother said at this point that there is no relationship, close, they must have time to live, work, study, labor in Vietnam at least from 6 months upwards.

3.2-On the procedure of applying for adoption: according to the provisions in clause 2 Article 41 of Decree, application for adoption must be filed in the international adoption agency through the diplomatic route, or through foreign adoption organizations owners are allowed to operate in Vietnam (hereinafter the foreign adoption Office).

With respect to the application for the adoption of people resident in the country in which that country has not yet signed the safe or joining international treaties on cooperation with Vietnam adoption, the adoption applicants must be directly filed in international adoption agency.

3.3-on order and introduce the child for adoption: 3.3.1-the introduction of kids for adoption under the provisions of article 51 of the decree only made with regard to cases of adoption applicants resident in countries where that country has signed or to join international treaties on adoption cooperation with Vietnam. For this case also only be introduced to children living in the base feed paper mulberry for adoption; do not introduce children are living in families.

3.3.2-after receiving the record, based on the aspirations of the people who apply for adoption (want to get children in the province, City), international adoption agency to send dispatches attached a single shot and the content of records of adoption applicants for the Justice Department to the Justice Department guide the upbringing of child referrals are qualified under the provisions of the law and in accordance with the aspirations of people who apply for adoption, to for adoption.


In the case of adoption applicants cannot be like please accept children in the province, the city, the international adoption agency dispatches sent to the Justice Department, where the upbringing are likely to introduce children, made the introduction.

3.3.3-as defined in clause 2 Article 51 of Decree, upbringing is only recommended for children living in his upbringing.

In case no children are eligible and in accordance with the aspirations of people who apply for adoption, within 7 days from the date of the recommendation of the Justice Department, the head of upbringing have to reply in writing to the Justice Department, to the Department of Justice report for international adoption agency.

In case of identified children are eligible and in accordance with the aspirations of people who apply for adoption, head of responsible upbringing replied in writing to the Department of Justice to the Department of Justice report for international adoption agency. The text of the reply upbringing includes information on children are introduced for adoption as first and last name; gender; date of birth; ethnicity, nationality; place of residence; place of birth (if the infant); hometown (if known); full name of the father, the mother (if known); health status (height, weight, ...); the possibilities are for adoption; the needs, preferences, in particular of children (if any); other information about the children (such as orphans, abandoned, disabled ...). Attached 2 pictures text (9x12 or 10 x 15) of children.

3.3.4-as defined in paragraph 3 Article 51 of Decree, in case of identified children are eligible and in accordance with the aspirations of people who apply for adoption, international adoption agency notified in writing to the adoption applicants (through the international adoption agency of that country or foreign adoption Office). In the text clearly defines the time that adoption applicants must answer about whether to agree or not agree on children are introduced.

3.3.5-prescribed in paragraph 4 to article 51 of the Decree, in case of adoption applicants agree to receive children was introduced for adoption, international adoption agencies have dispatch send the Justice Department to the Justice Department guide the upbringing of children's records. Head of responsible upbringing of children's records include the papers according to the provisions of article 44 of the Decree.

In the case of applicants refused to accept the adoption of children was introduced, the international adoption agency have dispatch send the Justice Department to the Justice Department report back to base feed paper mulberry know to recommend to others. If the adoption applicants want to please other children for adoption, the profile of this person just be viewed xết resolution after 12 months, since the day that person refused to accept children has been introduced.

3.4-on order and procedure for resolving application for adoption: 3.4.1-according to the provisions in articles 45 to 49 of the Thing from the Decree, the Justice Department has the responsibility to help the provincial people's Committee in the investigation and is responsible for the entire records of children for adoption sure, true progress, resolve regulatory records.

If it deems the record of children have enough papers required under the provisions of article 44 of the Decree, all papers are valid, the origin of the children clearly, children are eligible for adoption, to the Justice Department sent the text of the report of the international adoption agency , attached to the 1st children's records.

In the case of native children found no obvious or suspected of having fake papers profile or suspicious signs of buying and selling, swapping, kidnapping child beating, the Justice Department has sent dispatches public safety agencies in the same level of verification required, with 12 sets of children resumes. As defined in clause 2 Article 45 of Decree, the police have the responsibility to verify and respond to the Justice Department within 30 days from the date of receiving the written request by the Justice Department. If this time limit expired that the police have yet to have the text of the reply, the Justice Department still sends text to the report, attached to the 1st record, for international adoption agencies to consider. In the report should state clearly the problem has asked the police to verify.

3.4.2-according to the provisions of article 46 of Decree, international adoption agencies have a responsibility to check all the paperwork in the profiles of children. If the records are incomplete or not yet valid, then international adoption agency to send dispatches for the Justice Department to notify the head of upbringing or his father or mother of the child guardian supplement, improve; in need of clearly defined due to supplements, complete the profile.

In the case of children's records have valid and full papers according to the provisions of article 44 of the Decree, the international adoption agency to send the text, attached to the 1st record of adoption applicants for the Department of Justice (non-return of children resumes). In the text of the international adoption agency must clearly state their opinion about the resolution for children for adoption.


3.4.3-as stipulated in Article 47 paragraph 1 of the Decree, within 7 days from the date of the written answer of the international adoption agency attached to the 1st record of adoption applicants, the Department of Justice is responsible for sending the notice to the adoption applicants (possibly through foreign adoption Office) so that they come to Vietnam to complete the procedure please adoption; in the dispatch should assign clear timelines that adoption applicants must be present in Vietnam.

3.4.4-as prescribed in paragraph 2 and paragraph 3 article 7 of the Decree, the Justice Department collects the registration fee the adoption by adoption applicants filed or organization is authorized to submit the change, at the same time guide the adoption applicants made A commitment to (according to the model regulations) into 4 main version. After the adoption, please complete the procedure, the Justice Department made the report results and recommending comments addressed the alien please get the children for adoption, the provincial people's Committee to review the decision, attached to the 1st children's records and 7 record of adoption applicants.

3.4.5-according to the provisions of article 48 and article 49 of Decree, the delivery of the adoption is only conducted after the decision of the Chairman of the provincial people's Committee allow children to Vietnam for adoption, adoption applicants are present in Vietnam for direct adoption and must present those as specified in paragraph 2 to article 49 of Decree. Do not accept the delivery of authoritative adoption, adoption. If due to objective reasons (sickness, disease, busy work...) that the adoption applicants cannot be present for adoption, then the delivery is postponed. In the case of the couple together please adoption which either because of objective reasons cannot attend, they must have the authorization certificate for the other; Attorney must be competent authority of that country. In case the Party Affairs adoption of mother father children, but because of objective reasons that one of two people who could not be present, it must also have the authoritative paper for the other; Attorney must be people's Social Committee, where that person resides, confirmed.

The representative of the Office of foreign adopted children can attend adoption Affairs as witness; absolutely not allow the representation Office of the foreign adoption received the child as beneficiary.

Minutes of adoption Affairs must be fully signed by the receiving party, Party Affairs, representing the Justice Department and the seal of the Department of Justice.

3.4.6-within 7 days from the date of adoption Affairs, the Department of Justice is responsible for sending an international adoption agency in all of the required documents as specified in clause 6 of 49 Decree Thing.

4-marriage registration, father, mother, children, adoption to have foreign elements in the border areas.

While solving the marriage registration, father, mother, children, adoption to have foreign elements in the border areas, to note some of the following points: 4.1-About the scope, subjects applied: The provisions of Chapter V of the decree only applies to the registration of marriage , father, mother, children, adoption between Vietnam citizens resident in the communes, wards and towns in Vietnam's border area with the citizens of neighboring countries residing in the border areas with Vietnam (list of communes, wards and towns in border areas are attached to circular No. 179/2002/TT-BQP on January 22, 2001 the Department of Defense , is attached to this circular).

The marriage, his father, mother, children, adoption between Vietnam's citizens often stay in Vietnam's border area with the citizens of neighboring countries don't usually stay in the border area with Vietnam or the Vietnam between citizens not residing in the border areas with Vietnam with the citizens of the neighbouring countries usually stay in the border area in Vietnam , not part of the scope, subject to chapter V of the Decree.

4.2-on order, the procedure of marriage registration, father, mother, son, 4.2.1 adoption-marriage registration form, application for receipt of father, mother, children, adoption application was applied under model for Vietnam in the country according to the provisions of the law on registration of households.

4.2.2-procedure, the content listed on the marriage, the father, the mother, the child is made as the listing marriage registration, father, mother, son, between Vietnam citizens together in the country according to the provisions of the law on registration of households.

Private content listed the adoption there of foreign elements in the border area must include information on the adoption applicants and children such as first and last name, gender, date of birth (age), ethnic group, nationality, residence, occupation, time plan to register the adoption.

4.2.3-marriage certificate, recognition decisions receipt of father, mother, son, decided to adopt are a common application form for Vietnam in the country, according to the provisions of the law on registration of households.

III-ENFORCEMENT TERMS 1-this circular effect since October 1, 2003.

2-in the case of international treaties to which the Socialist Republic of Vietnam signed or joined other provisions with the provisions of this circular, shall apply the provisions of international treaties.


3-based on the Decree, this circular and the specific local situation, the Department of Justice draft decisions of the provincial people's Committee to the Chairman of the provincial people's Committee issued the regulation on coordination between the Department of Justice with the public security Department, the Department of labor, invalids and Social Affairs and the Department of local departments in order to implement the provisions of the decree and this circular.

4-During the implementation process, if there are problems or new things arise, the provincial people's Committee, the Justice Department sent dispatches about the Ministry of Justice to timely instructions./.