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THE
MINISTRY OF JUSTICE
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness --------------- |
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No.
02a/2015/TT-BTP
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Hanoi,
February 23, 2015
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CIRCULAR
GUIDING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE
NO. 126/2014/ND-CP OF DECEMBER 31, 2014, DETAILING A NUMBER OF ARTICLES AND
MEASURES FOR IMPLEMENTATION OF THE LAW ON MARRIAGE AND FAMILY REGARDING
FOREIGN-INVOLVED MARRIAGE AND FAMILY RELATIONS
Pursuant
to the Government's Decree No. 158/2005/ND-CP of December 27, 2005, on registration
and management of civil status;
Pursuant
to the Government's Decree No. 06/2012/ND-CP of February 2, 2012, amending and
supplementing a number of articles of Decrees on civil status, marriage and
family, and certification;
Pursuant
to the Government's Decree No. 22/2013/ND-CP of March 13, 2013, defining the
functions, duties, powers and organizational structure of the Ministry of
Justice;
Pursuant
to the Government's Decree No. 126/2014/ND-CP of December 31, 2014, detailing a
number of articles and measures for implementation of the Law on Marriage and
Family;
At
the proposal of the Director of the Bureau of Civil Status, Nationality and
Authentication;
The
Minister of Justice promulgates the Circular guiding the implementation of a
number of articles of the Government’s Decree No. 126/2014/ND-CP of December
31, 2014, detailing a number of articles and measures for implementation of the
Law on Marriage and Family regarding foreign-involved marriage and family
relations.
Chapter
I
GENERAL PROVISIONS
Article
1. Scope of regulation
1. This
Circular guides the implementation of a number of articles of the Government’s
Decree No. 126/2014/ND-CP of December 31, 2014, detailing a number of articles
and measures for implementation of the Law on Marriage and Family (below
referred to as Decree No. 126/2014/ND-CP) regarding procedures for settlement
of foreign-involved marriage registration, and parent and child recognition;
recording in the civil status book of Vietnamese citizens’ marriage or parent
and child recognition already settled at competent foreign agencies overseas
(below referred to as recording of marriage or parent and child recognition);
grant of marital status certificates to resident Vietnamese citizens for
registration of marriage with foreigners at competent foreign agencies overseas
(below referred to as grant of marital status certificates); recording in the
civil status book of divorce and cancellation of unlawful marriage already
settled abroad (below referred to as recording of divorce); organization and
operation of centers for counseling and support for foreign-involved marriage
and family (below referred to as Center); modification and promulgation of a
number of civil status forms for settlement of foreign-involved civil status
registration.
2. The
registration of marriage or parent and child recognition between Vietnamese
citizens bearing foreign citizenship and Vietnamese citizens or between
foreigners must comply with Decree No. 126/2014/ND-CP and this Circular.
3. This
Circular does not apply to marriage and parent and child recognition between
Vietnamese citizens who are working, studying or traveling overseas for a
definite term or between resident Vietnamese citizens.
Article
2. Grant of copies of civil status papers
After
settling foreign-involved marriage registration or parent and child
recognition, the provincial-level Justice Department shall, based on the
marriage register or parent and child recognition register, grant copies of the
marriage certificate or the decision recognizing parent and child recognition
to the involved parties at their request. These copies shall be signed by the
provincial-level Justice Department director or a person authorized by the
former, and affixed with the provincial-level Justice Department’s seal.
Article
3. Calculation of the time limit for settlement of dossiers for grant of
marital status certificates, marriage registration, recording of marriage and
recording of divorce
The time
for sending written requests for opinions and sending written opinions between
the commune-level People’s Committee and the provincial-level Justice
Department in the settlement of dossiers for grant of marital status
certificates; the time for sending written requests for opinions and sending
written opinions between the provincial-level Justice Department and the
Ministry of Justice in the settlement of dossiers for recording of divorce; the
postponed time of interview prescribed in Clause 2, Article 7, and Clause 2,
Article 9; the time for sending written requests for verification and sending
notices of verification results between the provincial-level Justice Department
and the district-level Justice Division prescribed in Clause 1, Article 9; and
the time for sending written requests for examination and sending notices of
examination results between provincial-level Justice Departments prescribed in
Clause 1, Article 10, of this Circular shall not be included in the time limit
for dossier settlement.
Article
4. Termination of settlement of dossiers of foreign-involved marriage
registration or parent and child recognition; grant of marital status
certificates; recording of marriage and recording of parent and child
recognition
In case
the applicant makes a written request for termination of the dossier settlement
before the civil status registration agency holds a marriage registration
ceremony; before receiving a decision recognizing parent and child recognition;
or before the civil status registration agency grants a marital status
certificate; or records a marriage or parent and child recognition, the civil
status registration agency shall terminate the dossier settlement and notify
such in writing to the applicant.
If the
involved parties later make a request for settlement, they shall carry out the
procedures again.
Article
5. Responsibility to notify results of settlement of dossiers of
foreign-involved marriage registration and parent and child recognition;
recording of marriage; and recording of parent and child recognition
1. After
conferring a marriage certificate to a couple or recording a marriage, the
provincial-level Justice Department shall notify such in writing to the
commune-level People’s Committee which has granted the marital status
certificate to the Vietnamese citizen for recording in the register of marital
status certificates.
2. After
refusing registration of a marriage according to Article 26 of Decree No.
126/2014/ND-CP or terminating the settlement of a marriage registration dossier
according to Article 4 of this Circular, the provincial-level Justice
Department shall notify such in writing to the commune-level People’s Committee
of the locality where the Vietnamese citizen resides, for recording in the
register of marital status certificates.
3. After
conferring a decision recognizing parent and child recognition to the involved
parties or recording the parent and child recognition, the provincial-level
Justice Department shall notify such in writing to the commune-level People’s
Committee of the place of birth declaration of the child being a Vietnamese
citizen, for recording in the register of birth declaration.
4. After
registering the marriage of a Vietnamese citizen permanently residing overseas
who has been granted a marital status certificate by an overseas Vietnamese
diplomatic mission, consular representative agency or another agency authorized
to perform the consular function (below referred to as representative mission),
the provincial-level Justice Department shall send a notice to the Consular
Department of the Ministry of Foreign Affairs for notification to the
representative mission for recording in the register of marital status
certificates.
5. The
provincial-level Justice Department shall issue notices according to Clauses 1,
2, 3 and 4 of this Article within 7 working days after conferring a marriage
certificate or a decision recognizing parent and child recognition, recording a
marriage or parent and child recognition or refusing registration of marriage.
Chapter
II
MARRIAGE REGISTRATION PROCEDURES
Article
6. Marriage registration dossiers
A
marriage registration dossier must comply with Article 20 of Decree No.
126/2014/ND-CP and is guided as follows:
1.
Marriage registration declaration
Each
partner shall make a marriage registration declaration according to a
prescribed form; sign and write his/her full name. In case both partners are
present when submitting the dossier, only 1 (one) marriage registration
declaration is required, which must contain information about both partners and
their signatures and full names.
If the
marriage registration declaration contains a competent Vietnamese agency’s
certification of the Vietnamese citizen’s marital status, the marital status
certificate is not required. If the marital status certificate is available,
certification in the marriage registration declaration is not required.
When
submitting the dossier, the applicant for marriage registration shall produce a
personal identification paper such as identity card, passport or another valid
substitute paper (the original or lawfully notarized or certified copy), which
has been stated in the marriage registration declaration, for examination and
comparison.
2. Paper
proving the marital status
a/ A
Vietnamese citizen who resides overseas (without bearing a foreign citizenship)
shall submit a marital status certificate granted by the representative mission
in the country of his/her residence or a paper proving the marital status
granted by a competent foreign agency of the country of his/her residence;
b/ A
stateless person who permanently resides in Vietnam shall submit his/her
marital status certificate granted by the commune-level People’s Committee of
the locality where he/she resides.
Article
7. Interview, verification of marriage registration dossiers
1. The
provincial-level Justice Department shall request verification by the public
security agency of the same level only when seeing that a marriage is related
to national security or social order and safety, or shows signs of illegal
immigration, human trafficking, illegal marriage brokerage, sham marriage for
leaving the country or self-seeking purpose, or other matters related to the
functions and tasks of public security agencies.
2. A
partner who, for a plausible reason, cannot be present for an interview on the
notified date shall make a written request for change of the date of the
interview, clearly stating the reason for his/her absence and the proposed date
for the next interview. The next interview shall be held within 30 days after
the date of the previously planned one.
Article
8. Organization of marriage registration ceremonies
The
organization of a marriage registration ceremony must comply with Article 24 of
Decree No. 126/2014/ND-CP and is guided as follows:
1. Both
partners must be present at the marriage registration ceremony and shall
produce their personal identification papers.
2. In
case both partners, for a plausible reason, cannot be present at the marriage
registration ceremony on the date set by the provincial-level Justice
Department, they shall send to the provincial-level Justice Department a
written request for postponement of the time for holding the marriage
registration ceremony, clearly stating the reason for their absence.
The
provincial-level Justice Department shall notify the requester of the postponed
time for holding the marriage registration ceremony which must be within 90
days after the provincial- level People’s Committee chairperson signs the
marriage certificate.
Chapter
III
GRANT OF MARITAL STATUS CERTIFICATES, RECORDING OF
MARRIAGE AND DIVORCE
Article
9. Order of settlement of dossiers for grant of marital status certificates
The
order of settling dossiers for grant of marital status certificates must comply
with Clauses 2, 3, 4 and 5, Article 28 of Decree No. 126/2014/ND-CP and is
guided as follows:
1. When
necessary, the provincial-level Justice Department may ask the district-level
Justice Division to conduct verification. Within 5 working days after receiving
a verification request, the district-level Justice Division shall conduct
verification and notify results to the provincial-level Justice Department.
2. An
applicant who, for a special reason such as serious illness, accident or
another force majeure event, cannot be present for the interview on the
notified date shall make a written request to postpone the interview to another
date which must be within 30 days after being notified. The written request
must clearly state the reason for the absence and shall be sent to the
provincial-level Justice Department or commune-level People’s Committee. The commune-
level People’s Committee shall notify such to the provincial-level Justice
Department right on the working day of receiving the written request for
interview postponement.
Article
10. Order of settlement of dossiers for recording of marriage
The order
of settlement of dossiers for recording of marriage must comply with Article 38
of Decree No. 126/2014/ND-CP and is guided as follows:
1. After
receiving a dossier, the provincial-level Justice Department shall check papers
in the dossier. If the Vietnamese citizen resides at home at the time of
registering the marriage at a competent foreign agency, it shall examine and
compare the dossier with the dossier for grant of a marital status certificate
to that citizen. In case the Vietnamese citizen has been granted a marital
status certificate in another province, the provincial-level Justice Department
shall send a written request for examination and comparison to the
provincial-level Justice Department which has given opinions about the grant of
that marital status certificate. Within 5 working days after receiving a
written request for examination, a provincial-level Justice Department shall
conduct examination and comparison and issue a written reply.
2. Upon
examination and comparision with the dossier for grant of a marital status
certificate according to Clause 1 of this Article, if finding that the grant of
a marital status certificate fails to conform with the prescribed order and
procedures, the provincial-level Justice Department shall conduct verification
and clarification. When verification results show that the partners are
eligible for marriage under the Law on Marriage and Family at the time of
requesting the marital status certificate, the provincial-level Justice
Department shall still record the marriage.
After
recording the marriage, the provincial-level Justice Department shall send a
written request for correction and handling to the commune-level People’s
Committee which has granted the marital status certificate.
Article
11. Determination of the competence to settle dossiers for recording of
divorce
The
competence to settle dossiers for recording of divorce must comply with Article
42 of Decree No. 126/2014/ND-CP and is guided as follows:
1. In
case the marriage register or the pervious recording of marriage is no longer
available or does not contain registration contents of the applicant, if the
applicant can produce the marriage certificate or certificate of previous
recording of marriage, the competence to record divorce shall be determined
according to Clause 1, Article 42 of Decree No. 126/2014/ND-CP.
2. In
case the marriage register or the previous recording of marriage is no longer
available or does not contain registration contents of the applicant and the
applicant cannot produce the marriage certificate or certificate of previous
recording of marriage, the competence to record divorce shall be determined as
follows:
a/ If
the applicant permanently resides in Vietnam, the provincial-level Justice
Department of the locality where the applicant permanently resides is competent
to record the divorce;
b/ If
the applicant does not permanently reside in Vietnam but has carried out
procedures for recording of divorce for marriage registration in Vietnam, the
provincial-level Justice Department at which the applicant has carried out
marriage registration procedures is competent to record the divorce;
c/ If
the applicant does not permanently reside in Vietnam and has carried out
procedures for recording of divorce not for marriage registration in Vietnam,
the provincial-level Justice Department of the locality where the applicant
resides before leaving the country is competent to record the divorce.
Chapter
IV
REGISTRATION FOR PARENT AND CHILD RECOGNITION
Article
12. Order of settlement of parent and child recognition dossiers
The
order of settling parent and child recognition must comply with Article 34 of
Decree No. 126/2014/ND-CP and is guided as follows:
1. The
document on parent and child recognition posted by the commune-level People’s
Committee’s or provincial-level Justice Department must contain the following
information: full names, gender, birth dates, places of residence, numbers of
identity cards or passports of the recognizing and recognized parties; and the
time limit set for conferring the decision recognizing the parent and child
recognition at the provincial-level Justice Department.
2. After
receiving a dossier, the provincial-level Justice Department shall settle the
parent and child recognition under regulations even if the recognizing or
recognized parent or child dies. If both persons die, it shall terminate the
settlement of the parent and child recognition dossier.
3. If a
dispute over the parent and child recognition arises in the course of settling
a dossier, the provincial-level Justice Department shall suspend the dossier
settlement and guide the person in dispute and the recognizing or recognized
parent or child in requesting a competent court to settle the dispute according
to legal proceedings.
4. If a
complaint or denunciation about the parent and child recognition is lodged in
the course of settling a dossier, the provincial-level Justice Department shall
suspend the dossier settlement until the result of complaint or denunciation
settlement is available.
5. In
case the recognizing or recognized party or both parties cannot be present for
a plausible reason to receive the decision on parent and child recognition on
the date set by the provincial-level Justice Department, they shall send to the
provincial-level Justice Department a written request for change of such date,
clearly stating the reason for their absence.
6. A
child under 9 is not required to be present to receive the decision on parent
and child recognition.
7. A
decision on parent and child recognition is valid on the date it is conferred
to the involved parties and recorded in the register of parent and child
recognition.
Article
13. Order of settlement of dossiers for parent and child recognition
together with birth registration
For a
request for parent and child recognition in which the child’s birth has not
been registered, the provincial-level Justice Department shall combine the
settlement of parent and child recognition with the child’s birth registration
as follows:
1. If
the provincial-level Justice Department is competent to settle birth
registration, it shall combine the settlement of parent and child recognition
with birth registration. The birth certification or a substitute paper and the
birth registration declaration may replace the birth certificate in the
registration dossier of parent and child recognition.
2. If
the commune-level People’s Committee is competent to settle birth registration,
the provincial-level Justice Department shall settle parent and child
recognition first. The birth certification or a substitute paper and the birth
registration declaration may replace the birth certificate in the registration
dossier of parent and child recognition.
After
settling the parent and child recognition, the provincial-level Justice
Department shall send a notice together with a copy of the decision recognizing
the parent and child recognition, the birth certification or a substitute paper
and the birth registration declaration to the competent commune-level People’s
Committee for registration of the child’s birth.
Chapter
V
ORGANIZATION AND OPERATION OF CENTERS
Article
14. Conditions for establishment of Centers
The
conditions for establishment of a Center must comply with Article 53 of Decree
No. 126/2014/ND-CP and are guided as follows:
1. The
place of operation of the Center must have an area and working facilities
suitable to the practical situation of each locality.
2. The
Center must have at least 1 full-time counselor and may employ employees under
contracts or employ counseling collaborators on a regular or case-by-case
basis.
3. The
head and counseling and support staff of the Center must hold a tertiary or
higher degree and have at least 3 years’ experience in language, cultural and
social or legal work relevant to the fields in which they give counseling and
support.
Article
15. Powers and obligations of Centers
The
powers and obligations of a Center must comply with Article 55 of Decree No.
126/2014/ND-CP and are guided as follows:
1. When
a person requests counseling and support, a Center shall:
a/
Receive such request;
b/
Arrange an appropriate venue and staff to give counseling and support;
c/ Grant
its counseling and support certificate after completing counseling and support
when so requested by the counseled and supported person without organizing an
exam or a test.
2. A
Center may reach agreement with the requester on the time for counseling and
support.
3. A
Center established or changing its organization and operation model under the
Government’s Decree No. 24/2013/ND-CP of March 28, 2013, detailing a number of
articles of the Law on Marriage and Family regarding foreign-involved marriage
and family relations shall continue to operate according to Article 55 of
Decree No. 126/2014/ND-CP.
A
marriage support center which was established under the Government’s Decree No.
68/2002/ND-CP of July 10, 2002, detailing a number of articles of the Law on
Marriage and Family regarding marriage and family relations, and has not
changed its organization and operation model accordingly under Decree No.
126/2014/ND-CP, may only provide counseling and support and grant certificates
according to Points a, b, c, d, dd, e, i and k, Clause 1, Article 55, and may
not carry out the activities specified at Points g and h, Clause 1, Article 55,
of Decree No. 126/2014/ND-CP.
Chapter VII
IMPLEMENTATION
PROVISIONS
Article 16. Transitional provisions
Dossiers
for registration of parent and child recognition; recording of marriage;
recording of parent and child recognition; and grant of marital status
certificates to be settled under Article 66 of Decree No. 126/2014/ND-CP must
use respective civil status forms promulgated together with the Justice
Ministry’s Circular No. 09b/2013/TT-BTP of May 20, 2013, amending and
supplementing a number of articles of the Justice Ministry’s Circular No.
08a/2010/TT-BTP of March 25, 2010, promulgating, and guiding the recording,
keeping and use of, civil status registers and forms, and the Justice
Ministry’s Circular No. 05/2012/TT-BTP of May 23.2012, amending and
supplementing a number of articles of Circular No. 08a/2010/TT-BTP (below
referred to as Circular No. 09b/2013/TT-BTP)
Article
17. Effect
1. This
Circular takes effect on April 10, 2015.
2. To
modify 8 civil status forms on the list of civil status registers and forms promulgated
together with Circular No. 09b/2013/TT-BTP to respective forms on the list of
civil status forms promulgated together with this Circular (not translated),
including:
a/
Decision recognizing parent and child recognition (the original), form TP/HTNNg-2013-CMC.1,
for use at provincial-level Justice Departments;
b/
Decision recognizing parent and child recognition (the original), form
TP-NG/HT-2013-CMC.1, for use at representative missions;
c/
Decision recognizing parent and child recognition (copy), form
TP/HTNNg-2013-CMC.1 .a, for use at provincial-level Justice Departments;
d/
Decision recognizing parent and child recognition (copy), form
TP-NG/HT-2013-CMC.1.a, for use at representative missions;
dd/
Decision recognizing parent and child recognition (copy), form
TP-NG/HT-2010-CMC.3.a, for use at the Ministry of Foreign Affairs;
e/
Marital status certificate (granted to resident Vietnamese citizens for
marriage with foreigners at competent foreign agencies overseas), form
TP/HT-2013-XNTTHN;
g/
Certificate of recording of civil status affairs registered at competent
foreign agencies, form TP/HT-2010-XNGC.1, for use at provincial-level Justice
Departments;
h/
Certificate of recording of civil status affairs registered at competent
foreign agencies, form TP-NG/HT-2010-XNGC.2, for use at representative
missions.
3. To
promulgate 2 civil status forms (not translated) according to the list
of civil status forms promulgated together with this Circular for settlement of
the recording of divorce, including:
a/ Declaration
for recording of divorce already settled abroad, form TP/HTNNg-2015-TK.GCLH;
b/
Certificate of recording of divorce already settled abroad, form
TP/HTNNg-2015-XNGC.3.
4. To
annul the Justice Ministry’s Circular No. 16/2010/TT-BTP of October 8, 2010,
guiding the recording in the civil status book of divorce made abroad; and
Circular No. 22/2013/ TT-BTP of December 31, 2013, detailing and guiding a
number of articles of the Government’s Decree No. 24/2013/ND-CP of March 28,
2013, detailing a number of articles of the Law on Marriage and Family
regarding foreign-involved marriage and family relations.
5.
Provincial-level People’s Committees and Justice Departments should promptly
report any problems arising in the course of implementation to the Ministry of
Justice for guidance.-
|
|
FOR
THE MINISTER OF JUSTICE
DEPUTY MINISTER Nguyen Khanh Ngoc |