THE
GOVERNMENT
------- |
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness ---------------- |
No.
126/2014/ND-CP
|
Hanoi,
December 31, 2014
|
DECREE
DETAILING A NUMBER OF ARTICLES AND MEASURES FOR
IMPLEMENTATION OF THE LAW ON MARRIAGE AND FAMILY
Pursuant
to the December 25, 2001 Law on Organization of the Government;
Pursuant
to the June 19, 2014 Law on Marriage and Family;
At
the proposal of the Minister of Justice,
The
Government promulgates the Decree detailing a number of articles and measures
for implementation of the Law on Marriage and Family.
Chapter
I
SCOPE OF REGULATION AND APPLICATION OF MARRIAGE AND
FAMILY PRACTICES
Article
1. Scope of regulation
This
Decree prescribes in detail the application of marriage and family practices,
the matrimonial property regime, settlement of marriage and family matters
involving foreign elements and a number of measures to implement the Law on
Marriage and Family.
Article
2. Principles of application of practices
1.
Applicable practices must be rules of conduct compliant with Clause 4, Article
3 of the Law on Marriage and Family.
2. The
application of practices must satisfy the conditions prescribed in Article 7 of
the Law on Marriage and Family.
3.
Involved parties’ agreement on applicable practices shall be respected.
Article
3. Agreement on applicable practices
1. The
provision of Clause 1, Article 7 of the Law on Marriage and Family that
involved parties have no agreement shall be construed as involved parties
neither reach agreement on application of practices nor reach other agreements
on the case or matter to be settled.
2. In
case involved parties reach agreement on applicable practices, the settlement
of the case or matter must comply with such agreement. In case involved parties
reach no agreement, the settlement must comply with Article 4 of this Decree.
Article
4. Settlement of marriage and family cases and matters applying practices
1. For
settlement of a marriage and family case or matter applying practices,
conciliation shall be conducted in accordance with the law on grassroots
conciliation. Prestigious persons in the community or religious dignitaries
shall be encouraged to participate in the conciliation.
2. In
case the conciliation fails or the marriage and family case or matter applying
practices falls outside the scope of grassroots conciliation, a court shall
settle that case or matter in accordance with the law on civil procedure.
Article
5. Advocacy and mobilization for application of practices
1.
Related ministries and sectors and People’s Committees at all levels shall
coordinate with the Vietnam Fatherland Front in working out and implementing
the following policies and measures:
a/ To
create conditions for the people to implement the law on marriage and family;
to uphold fine traditions and practices which show the identity of each ethnic
group, to eliminate backward marriage and family practices;
b/ To
increase public information on the law on marriage and family; to mobilize the
people to uphold fine traditions and practices and eliminate backward marriage
and family practices;
c/ To
educate young generations about preserving and developing the language and
script, and promote the cultural values of fine practices, of each ethnic
group.
2.
Backward marriage and family practice means a practice which contravenes the
fundamental principles of the marriage and family regime prescribed in Article
2 of the Law on Marriage and Family or violates Clause 2, Article 5 of the Law
on Maưiage and Family.
Promulgated
together with this Decree is the list of backward marriage and family practices
which should be eliminated through mobilization or banned from application.
Article
6. Responsibility for making lists of applicable practices
1.
Within 3 years after the effective date of this Decree, provincial-level
People’s Committees shall make and submit to provincial-level People’s Councils
lists of marriage and family practices applicable in their localities.
2. On
the basis of the practical application of marriage and family practices in
their localities, provincial-level People’s Committees shall propose
provincial-level People’s Councils to modify and supplement the promulgated
lists of practices.
Chapter
II
MATRIMONIAL PROPERTY REGIME
Section
1. GENERAL PROVISIONS
Article
7. Application of the statutory matrimonial property regime
The
statutory matrimonial property regime must apply when husband and wife do not
choose to apply a matrimonial property regime as agreed or their agreement on
the matrimonial property regime is declared invalid by a court in accordance
with Article 50 of the Law on Marriage and Family.
Article
8. Third parties not acting in good faith when establishing and making
transactions with a spouse related to bank account, securities account and
other movable assets for which ownership registration is not required by law
A third
party that establishes and makes transactions with a spouse related to bank
account, securities account or other movable assets for which ownership
registration is not required by law shall be regarded as not acting in good
faith in the following cases:
1.
He/she/it has been provided with information by a spouse in accordance with
Article 16 of this Decree but still establishes and makes transactions against
such information.
2. The
husband and wife have made public in accordance with relevant laws their
agreement on possession, use and disposition of property and a third party has
known or must know this agreement but still establishes and makes transactions
against such agreement.
Section
2. STATUTORY MATRIMONIAL PROPERTY REGIME
Article
9. Other lawful incomes of husband and wife in the marriage period
1.
Bonuses, lottery prizes and allowances, except the case prescribed in Clause 3,
Article 11 of this Decree.
2.
Property a spouse has the right to establish ownership in accordance with the
Civil Code for objects which are ownerless, buried, hidden, sunk, dropped on
the ground or left over out of inadvertence, stray cattle or poultry and raised
aquatic animals.
3. Other
lawful incomes as prescribed by law.
Article
10. Yields and profits from separate property of husband and wife
1.
Yields from separate property of a spouse means natural produces he/she gains
from his/her separate property.
2.
Profits from separate property of a spouse means the profits he/she earns from
the exploitation of his/her separate property.
Article
11. Other separate property of husband and wife prescribed by law
1. The
economic right to intellectual property objects as prescribed by the law on
intellectual property.
2.
Property under the separate ownership of a spouse according to the judgment or
decision of a court or another competent agency.
3.
Allowance or incentives receivable by a spouse as prescribed by the law on
preferential treatment toward persons with meritorious services to the
revolution; other property rights associated with the personal identification
of a spouse.
Article
12. Registration of common property of husband and wife
1.
Common property of husband and wife subject to registration under Article 34 of
the Law on Marriage and Family includes land use rights and other property for
which use or ownership registration is required by law.
2. For
common property of husband and wife which has been registered under the name of
a spouse, the other spouse is entitled to request a competent agency to grant a
new certificate of ownership or land use rights in which both spouses are
named.
3. In
case common property is divided in the marriage period and both spouses are
named in the certificate of ownership or land use rights, the spouse who
receives the divided property in kind is entitled to request the property
registration agency to re-grant a certificate of ownership or land use rights
on the basis of the spouses’ written agreement or the court decision on
division of common property.
Article
13. Possession, use and disposition of common property of husband and wife
1. The
possession, use and disposition of common property shall be agreed by husband
and wife. In case a spouse establishes and makes transactions related to common
property to meet the family’s essential needs, such shall be regarded as having
been agreed by the other spouse, except the case prescribed in Clause 2,
Article 35 of the Law on Marriage and Family.
2. When
a spouse disposes of common property in violation of Clause 2, Article 35 of
the Law on Marriage and Family, the other spouse may request a court to declare
such transaction invalid and settle legal consequences of the invalid
transaction.
Article
14. Consequences of division of common property in the marriage period
1. The
division of common property in the marriage period shall not lead to
termination of the statutory matrimonial property regime.
2. From
the time the division of common property takes effect, the divided property and
yields and profits from such property and yields and profits from other
separate property of a spouse must be the separate property of that spouse,
unless otherwise agreed by husband and wife.
3. From
the time the division of common property takes effect, property gained from the
exploitation of separate property of a spouse which cannot be determined as
income from labor or production and business activities of a spouse or as
yields or profits from such separate property must be under the joint ownership
of husband and wife.
Section
3. AGREED MATRIMONIAL PROPERTY REGIME
Article
15. Determination of property of husband and wife under agreement
1. When
choosing to apply the agreed matrimonial property regime, husband and wife may
reach agreement on determination of property as follows:
a/
Matrimonial property includes common property and separate property of husband
and wife;
b/
Husband and wife have no separate property and all property a spouse has before
marriage or during the marriage period is common property;
c/ Husband
and wife have no common property and all property a spouse has before marriage
and during the marriage period is separate property of that spouse; or
d/
Property is determined as otherwise agreed by husband and wife.
2. The
agreement on matrimonial property must comply with Articles 29, 30, 31 and 32
of the Law on Marriage and Family. If such agreement violates those provisions,
persons with related rights and interests may request a court to declare it
invalid in accordance with Article 50 of the Law on Marriage and Family.
Article
16. Provision of information on the agreed matrimonial property regime in
transactions with third parties
In case
of applying the agreed matrimonial property regime, when establishing and
making a transaction, a spouse shall provide a third party with relevant
information. If a spouse fails to perform this obligation, the third party
shall be regarded as acting in good faith and have his/her/its interests
protected in accordance with the Civil Code.
Article
17. Modification and supplementation of contents of the matrimonial
property regime
1. In
case of applying the agreed matrimonial property regime, during the marriage
period, husband and wife may reach agreement to modify and supplement some or
all contents of that property regime or apply the statutory matrimonial
property regime.
2. The
agreement modifying and supplementing the matrimonial property regime shall be
notarized or certified in accordance with law.
Article
18. Consequences of modification and supplementation of contents of the
matrimonial property regime
1. The
agreement modifying and supplementing contents of the matrimonial property
regime shall take effect on the date it is notarized or certified. A spouse
shall provide a third party with relevant information in accordance with
Article 16 of this Decree.
2.
Property rights and obligations arising before the time of modifying and
supplementing the matrimonial property regime must remain legally valid, unless
otherwise agreed by involved parties.
Chapter
III
MARRIAGE AND FAMILY RELATIONS INVOLVING FOREIGN
ELEMENTS
Section
1. MARRIAGE REGISTRATION
Article
19. Competence to register marriages
1.
Provincial-level People’s Committees of localities where Vietnamese citizens
register their permanent residence shall register marriages between Vietnamese
citizens and foreigners and between Vietnamese citizens at least one of whom
resides abroad.
For
Vietnamese citizens who register temporary residence but not permanent
residence in accordance with the residence law, provincial-level People’s
Committees of localities where Vietnamese citizens register temporary residence
shall register their marriages.
2. In
case two foreigners request marriage registration in Vietnam, the
provincial-level People’s Committee of the locality where one of them registers
permanent residence shall register their marriage. If both do not register
permanent residence in Vietnam, the provincial- level People’s Committee of the
locality where one of them registers temporary residence shall register their
marriage.
3.
Vietnamese diplomatic missions, consular representative missions and other
agencies authorized to perform the consular function abroad (below referred to
as representative missions) shall register marriages between Vietnamese
citizens and foreigners if such registration does not contravene the laws of
host countries.
Representative
missions shall register marriages between Vietnamese citizens residing abroad
if so requested.
Article
20. Marriage registration dossiers
1. A
marriage registration dossier shall be made in 1 set, comprising the following
papers:
a/
Marriage registration declarations of both spouses, made according the
prescribed form;
b/
Certificate of marital status or marriage registration declaration containing
certification of the marital status of the Vietnamese citizen granted within 6
months counting to the date of dossier receipt; document proving the marital
status of the foreigner issued within 6 months counting to the date of dossier
receipt by a competent agency of the country of citizenship of that person,
which certifies that this person is currently unmarried. In case a foreign law
does not prescribe the grant of the marital status certificate, this
certificate shall be replaced with a certification of oath taken by that person
that he/she is currently unmarried in accordance with the law of that country;
c/
Certification issued within 6 months counting to the date of dossier receipt by
a competent Vietnamese or foreign health organization that this person suffers
no mental disease or another disease that deprives him/her of the capacity to
perceive and control his/her acts;
d/
Certification of recording in the civil status book of the divorce already
settled abroad as prescribed by Vietnamese law, for a Vietnamese citizen who
has divorced at a competent foreign agency or a foreigner who has divorced a
Vietnamese citizen at a competent foreign agency;
dd/ Copy
of the household registration book or temporary residence book (for resident
Vietnamese citizens), permanent or temporary residence card or temporary
residence certificate (for foreigners permanently or temporarily residing in
Vietnam).
2. In
addition to the papers mentioned in Clause 1 of this Article, on a case-by-case
basis, a partner shall submit the following papers as appropriate:
a/ A
Vietnamese citizen who serves in the armed forces or whose work is directly
related to state secrets shall submit a written confirmation by the central- or
provincial-level line management agency or organization that this person’s
marriage to a foreigner does not affect the protection of state secrets or does
not contravene regulations of that sector;
b/ A
Vietnamese citizen who concurrently holds a foreign citizenship shall submit a
document proving his/her marital status issued by a competent foreign agency;
c/ A
non-resident foreigner in Vietnam shall submit a written certification that
he/she is eligible to get married issued by a competent agency of the country
of his/her citizenship, unless the law of that country does not prescribe the
grant of such certification.
Article
21. Procedures for submission and receipt of dossiers
1. A
marriage registration dossier shall be submitted directly by either partner at
the provincial-level Justice Department, for marriage registration in Vietnam,
or at the representative mission, for marriage registration at the
representative mission.
2. The
officer receiving a dossier shall check papers in that dossier and, if the
dossier is complete and valid, write a dossier receipt which specifies the
dates of interview and result notification.
If the
dossier is incomplete or invalid, this officer shall guide the male and female
partners to supplement and complete the dossier. This guidance shall be made in
writing, specifying all papers to be supplemented and completed, and must
contain the signature and full name of the dossier-receiving officer and be
given to the applicant.
In case
a person submits a dossier to an improper agency as prescribed in Clause 1,
Article 19 of this Decree, the dossier-receiving officer shall guide the former
in submitting the dossier to a competent agency.
3. The
dossier receipt procedures prescribed in Clause 2 of this Article must also
apply to receipt of parent or child recognition registration dossiers, grant of
marital status certificates, marriage recognition, recording of parent and
child recognition in the civil status book, recording of divorce in the civil
status book, cancellation of unlawful marriage already settled abroad in
accordance with this Decree, except the recording of interview date.
Article
22. Time limit for settlement of marriage registration
1. The
time limit for settlement of marriage registration in Vietnam is 25 days,
counting from the date the provincial-level Justice Department receives a complete
and valid dossier and a fee.
In case
the provincial-level Justice Department requests verification by the public
security agency under Clause 2, Article 23 of this Decree, this time limit may
be extended for another 10 days at most.
2. The
time limit for settlement of marriage registration at a representative mission
is 20 days, counting from the date the representative mission receives a
complete and valid dossier and a fee.
In case
the representative mission requests verification by a domestic agency under
Clause 2, Article 25 of this Decree, this time limit may be extended for
another 35 days at most.
Article
23. Order of settlement of marriage registration in Vietnam
1.
Within 15 days after receiving a dossier, the provincial-level Justice
Department shall:
a/
Directly interview both partners at its office to check and clarify their
personal identifications, voluntariness and purpose of their marriage and their
understanding about the family and personal circumstances of each other;
understanding about the language, customs, practices, culture and marriage and
family law of each country. In case an interpreter is needed for the interview,
the provincial-level Justice Department shall appoint an interpreter;
The
interview result shall be recorded in writing. The interviewer shall state
his/her proposal in and sign the interview document. The interpreter (if any)
shall undertake that he/ she has accurately interpreted the interview contents
and sign the interview document;
b/ If
the interview result shows that the partners have not understood the
circumstances of each other, the provincial-level Justice Department shall make
an appointment for another interview. The subsequent interview shall be
conducted within 30 days from the date of the first interview;
c/ Study
and verify the marriage registration dossier. In case there is any doubt or a
complaint or denunciation that the marriage is arranged through brokerage for
profit-seeking purpose, or is sham or made use of for human trafficking, labor
exploitation, sexual abuse or for other self-seeking purposes, or when finding
it necessary to clarify personal identification details of a partner or papers
in the marriage registration dossier, the provincial-level Justice Department
shall conduct verification.
2. When
considering that matters to be verified fall under the function of the public
security agency, the provincial-level Justice Department shall send a written
request together with a copy of the marriage registration dossier to the
provincial-level public security agency for verification of those matters.
Within 7
working days after receiving a written request from the provincial-level
Justice Department, the public security agency shall verify the requested
matters and issue a written reply to the former.
Past the
time limit for verification prescribed in this Article, if the public security
agency fails to issue a written reply, the provincial-level Justice Department
shall still complete the dossier stating the matters requested for verification
by the public security agency and proposing the chairperson of the
provincial-level People’s Committee to consider and make decision.
3. After
interviewing the partners and studying and verifying the marriage registration
dossier and opinions of the public security agency (if any), the
provincial-level Justice Department shall send a report on the result together
with the marriage registration dossier and propose the settlement of marriage
registration to the provincial-level People’s Committee for decision.
Within 5
working days after receiving a written proposal from the provincial-level
Justice Department together with the marriage registration dossier, if finding
the partners fully satisfy the marriage conditions and do not fall into the
cases of refusal of marriage registration prescribed in Article 26 of this
Decree, the chairperson of the provincial-level People’s Committee shall sign a
marriage certificate and return the dossier to the provincial- level Justice
Department for organization of a marriage registration ceremony.
In case
of refusing marriage registration, the provincial-level People’s Committee
shall send a document clearly stating the reason to the provincial-level
Justice Department for notification to the couple.
4. For
marriages between Vietnamese citizens residing abroad or between foreigners
residing in Vietnam, the interview prescribed in Clause 1 of this Article is
not required.
Article
24. Marriage registration ceremony in Vietnam
1.
Within 5 working days after the chairperson of the provincial-level People’s
Committee signs a marriage certificate, the provincial-level Justice Department
shall hold a marriage registration ceremony.
2. The
marriage registration ceremony shall be held officially at the office of the
provincial-level Justice Department.
Both
partners must be present at the marriage registration ceremony. A
representative of the provincial-level Justice Department shall conduct the
ceremony and ask the partners to affirm their voluntariness of marriage. If the
partners agree to get married, the provincial-level Justice Department
representative shall record their marriage in the marriage registration book,
request the partners to sign the marriage certificate and marriage registration
book and give each partner one original marriage certificate.
3. A
marriage certificate becomes valid on the date of holding the marriage
registration ceremony in accordance with Clause 2 of this Article.
The
provincial-level Justice Department shall grant copies of the marriage
certificate from the marriage registration book when so requested.
4. In
case the partners request to extend the time for holding the marriage
registration ceremony prescribed in Clause 1 of this Article for a plausible
reason, the date of holding the marriage registration ceremony may be extended
for another 90 days at most from the date the chairperson of the
provincial-level People’s Committee signs the marriage certificate. Past 90
days, if the partners fail to come for the marriage registration ceremony, the
provincial-level Justice Department shall report to the chairperson of the
provincial-level People’s Committee on non-organization of the marriage
registration ceremony and the marriage certificate shall be kept in the
dossier.
In case
the partners still wish to get married, they shall carry out marriage
registration procedures again.
Article
25. Order of marriage registration at representative missions
1.
Within 15 days after receiving a complete and valid dossier and a fee, a
representative mission shall:
a/
Directly interview both partners at its office according to the order and
procedures prescribed at Points a and b, Clause 1, Article 23 of this Decree;
b/ Study
and verify the marriage registration dossier. In case there is any doubt or a
complaint or denunciation that the marriage is arranged through brokerage for
profit-seeking purpose, or is sham or made use of for human trafficking, labor
exploitation, sexual abuse or for other self-seeking purposes, or when finding
it necessary to clarify personal identification details of a partner or papers
in the marriage registration dossier, the representative mission shall conduct
verification;
c/ If
finding the partners fully satisfy the marriage conditions and do not fall into
the cases of refusal of marriage registration prescribed in Article 26 of this
Decree, the head of the representative mission shall sign a marriage
certificate.
In case
of refusing marriage registration, the representative mission shall send a
notice clearly stating the reason for refusal to the couple.
2. When
finding that matters to be verified fall under the function of concerned
agencies at home, the representative mission shall send the Ministry of Foreign
Affairs a document clearly stating matters to be verified for the latter to
request concerned agencies to make verification according to their specialized
functions.
Within
10 working days after receiving a written request from the Ministry of Foreign
Affairs, concerned domestic agencies shall verify the requested matters and
issue a written reply to the Ministry of Foreign Affairs for forwarding to the
representative mission.
3. The
marriage registration ceremony shall be held within 5 working days after the
representative mission head signs a marriage certificate.
The
marriage registration ceremony shall be held officially at the office of the
representative mission. Both partners must be present at the marriage
registration ceremony. A representative of the representative mission shall
conduct the ceremony and ask the partners to affirm their voluntariness of
marriage. If the partners agree to get married, the representative of the
representative mission shall record their marriage in the marriage registration
book, request the partners to sign the marriage certificate and marriage
registration book and give each partner one original marriage certificate.
4. A
marriage certificate becomes valid on the date of holding the marriage
registration ceremony in accordance with Clause 3 of this Article. The
representative mission shall grant copies of the marriage certificate from the
marriage registration book when so requested.
5. In
case the partners request to extend the time for holding the marriage
registration ceremony prescribed in Clause 3 of this Article for a plausible
reason, the date of holding the marriage registration ceremony may be extended
for another 90 days at most from the date the head of the representative
mission signs the marriage certificate.
Past
this time limit, if the partners fail to come for the marriage registration
ceremony, the marriage certificate will become invalid. The representative
mission shall keep the marriage certificate in the dossier.
In case
the partners still wish to get married, they shall carry out marriage
registration procedures again.
Article
26. Refusal of marriage registration
1. An
agency competent to make marriage registration shall refuse to register a
marriage when:
a/ A
partner or both partners is/are ineligible to get married under the Law on
Marriage and Family of Vietnam;
b/ The
foreign partner is ineligible to get married under the law of the country of
his/her citizenship;
c/ A
partner fails to provide a complete dossier according to Article 20 of this
Decree.
2.
Marriage registration shall be refused when the result of interview, appraisal
or verification shows that the marriage is arranged through brokerage for
profit-seeking purpose; is sham not for the purpose of building a well off,
equal, progressive, happy and sustainable family; or is made use of for human
trafficking, labor exploitation, sexual abuse or for other self-seeking
purposes.
Section
2. GRANT OF MARITAL STATUS CERTIFICATES TO RESIDENT VIETNAMESE CITIZENS FOR
REGISTRATION OF MARRIAGE WITH FOREIGNERS AT COMPETENT FOREIGN AGENCIES ABROAD
Article
27. Competence to grant marital status certificates
The
commune-level People’s Committee of the locality where a Vietnamese citizen
registers permanent residence shall grant a marital status certificate to that
person for registration of marriage with a foreigner at a competent foreign agency
abroad.
In case
a Vietnamese citizen registers temporary residence but not permanent residence
in accordance with the residence law, the commune-level People’s Committee of
the locality where that person registers temporary residence shall grant the marital
status certificate.
Article
28. Procedures for grant of marital status certificates
1. A
dossier for grant of a marital status certificate shall be made in 1 set,
comprising the following papers:
a/
Declaration for grant of a marital status certificate made according to a
prescribed form;
b/ A
copy of one of the personal identification papers such as identity card,
passport or another valid substitute paper;
c/ A
copy of the residence registration book or temporary residence book of the
applicant.
A Vietnamese
citizen who has divorced at a competent foreign agency shall submit a written
certification of recording in the civil status book of the divorce already
settled abroad as prescribed by Vietnamese law.
2. The
applicant shall submit the dossier for grant of a marital status certificate
directly at a competent commune-level People’s Committee.
3.
Within 2 working days after receiving a complete and valid dossier and a fee,
the commune-level People’s Committee shall examine personal identifications and
the marital status of the applicant; and send to the provincial-level Justice
Department a report on examination results, clearly stating matters to be
consulted, together with a photocopied dossier.
4.
Within 10 working days after receiving a written request of the commune-level
People’s Committee together with the dossier, the provincial-level Justice
Department shall:
a/
Appraise the validity and completeness of the dossier for grant of a marital
status certificate. When finding it necessary to clarify the personal
identification details, marital status, marriage conditions and purpose of the
applicant for a marital status certificate, the provincial-level Justice
Department shall make verification;
b/
Request the Vietnamese citizen to be present at the office of the
provincial-level Justice Department for an interview to clarify his/her
voluntariness and purpose of their marriage, his/ her understanding about the
family and personal circumstances of the foreign partner; about the language,
customs, practices, culture and marriage and family law of the country or
territory where the foreigner resides;
c/
Request the foreign partner to come to Vietnam for an interview if the
appraisal, verification or interview result shows that the Vietnamese citizen
does not understand the family and personal circumstances of the foreigner; or
the language, customs, practices, culture and marriage and family law of the
country or territory where the foreigner resides or the Vietnamese citizen said
he/she will not be present at the competent foreign agency abroad for marriage
registration;
In case
an interpreter is needed for the interview, the provincial-level Justice
Department shall appoint an interpreter.
The
interview result shall be recorded in writing. The interviewer shall state
his/her proposal in and sign the interview document. The interpreter (if any)
shall undertake that he/ she has accurately interpreted the interview contents
and sign the interview document.
Based on
appraisal, verification and interview results, the provincial-level Justice
Department shall issue a written reply to the commune-level People’s Committee
for grant of a marital status certificate to the applicant.
In case
of refusal, the provincial-level Justice Department shall issue a written reply
clearly stating the reason to the commune-level People’s Committee for
notification to the applicant.
5.
Within 2 working days after receiving a written reply from the provincial-level
Justice Department, the commune-level People’s Committee shall sign a marital
status certificate or issue a written reply clearly stating the reason for
refusal to grant a marital status certificate to the applicant.
Article
29. Refusal to grant marital status certificates to resident Vietnamese
citizens for marriage with foreigners at competent foreign agencies
A
request for grant of a marital status certificate of a resident Vietnamese
citizen for marriage with a foreigner at a competent foreign agency shall be
refused when:
1. The
Vietnamese citizen requests grant of a marital status certificate for marriage
with the foreigner at a foreign diplomatic mission or consular representative
mission in Vietnam;
2. The
examination and verification result shows that the marital status of the
Vietnamese citizen is inconsistent with the declaration in the dossier; the
partners are ineligible to get married under the Law on Marriage and Family of
Vietnam;
3. The
interview result shows that the partners have not understood the family and
personal circumstances of each other or the language, customs, practices,
culture and law on marriage and family of each country; or
4. The
marriage is arranged through brokerage for profit-seeking purpose; is sham not
for the purpose of building a well off, equal, progressive, happy and
sustainable family; or is made use of for human trafficking, labor
exploitation, sexual abuse or for other self-seeking purposes.
Section
3. REGISTRATION OF PARENT AND CHILD RECOGNITION
Article
30. Conditions for parent or child recognition
1. The
parent or child recognition between a Vietnamese citizen and a foreigner,
between Vietnamese citizens at least one of whom resides abroad, or between
foreigners at least one of whom permanently resides in Vietnam under this
Decree may be made only when both parties are alive at the time of dossier
submission and the parent or child recognition is voluntary and dispute-free.
In case
one or both parties is/are no longer alive at the time of dossier submission or
there is a dispute over the identification of parent or child, the case shall
be settled by a court.
2.
Recognition of a child who is a minor shall be agreed by his/her mother or
father except when the mother or father has died, is missing or has lost
her/his civil act capacity. Recognition of a child who is full 9 years old or
older is subject to his/her consent.
3.
Recognition of a parent of an adult child is not subject to the consent of the
other parent.
4. For
recognition of a parent of a minor child, the other parent of this child shall
carry out the procedures for him/her. For recognition of a parent of a minor
child whose other parent has died, is missing or has lost her/his civil act
capacity, the guardian of this child shall carry out parent recognition
procedures for him/her.
Article
31. Competence to register parent and child recognition
1. The
provincial-level Justice Department of the locality where the recognized parent
or child registers permanent residence shall recognize and register the parent
or child recognition.
In case
the recognized parent or child is a Vietnamese citizen who registers temporary
residence but not permanent residence in accordance with the residence law, the
provincial- level Justice Department of the locality where that person
registers temporary residence shall recognize and register the parent or child
recognition.
2. The
representative mission in the host country shall recognize and register a
foreigner’s recognition of a Vietnamese citizen as his/her parent or child if
such registration does not contravene the law of the host country.
For
parent or child recognition between two Vietnamese citizens residing abroad,
the representative mission in the country of residence of one of the parties
shall recognize and register their parent or child recognition.
Article
32. Parent or child recognition dossiers
1. A
parent or child recognition dossier shall be made in 1 set, comprising the
following papers:
a/
Declaration for parent or child recognition registration, made according to a
prescribed form;
b/ A
copy of one of the personal identification papers such as identity card or
passport (for resident Vietnamese citizens), passport or substitute paper such
as laissez-passer or residence card (for foreigners and Vietnamese citizens
residing abroad);
c/ A
copy of the birth certificate of the recognized child, for child recognition;
or of the recognizing child, for parent recognition;
d/
Papers or other evidences proving the parent-child relation;
dd/ A
copy of the residence registration book or temporary residence book (for
resident Vietnamese citizens), copy of the temporary residence card (for
resident foreigners in Vietnam) of the recognized parent or child.
2. A
parent or child recognition dossier shall be submitted directly by the
applicant at a competent agency prescribed in Article 31 of this Decree.
Article
33. Time limit for settlement of parent or child recognition
The time
limit for the settlement of parent or child recognition is 25 days from the
date the provincial-level Justice Department or representative mission receives
a complete and valid dossier and a fee.
In case
verification is needed under Clause 3, Article 34 or at Point a, Clause 1,
Article 35 of this Decree, the above time limit may be extended for another 10
working days at most.
Article
34. Order of settlement of parent or child recognition in Vietnam
1. After
receiving a complete and valid dossier and a fee, the provincial-level Justice
Department shall study and appraise the dossier, post up the parent or child
recognition at its office for 7 working days and concurrently request in
writing the commune-level People’s Committee of the locality where the
recognized parent or child permanently resides to post up such recognition.
2. After
receiving the provincial-level Justice Department’s written request, the
commune- level People’s Committee shall post up the parent or child recognition
at its office for 7 working days. If there is a complaint or denunciation about
such recognition, the commune-level People’s Committee shall promptly send a
report thereon to the provincial-level Justice Department.
3. In
case there is any doubt or a complaint or denunciation about the parent or
child recognition or when clarification of the personal identification details
of the involved parties or papers in the dossier is needed, the provincial-level
Justice Department shall conduct verification.
4. Based
on the appraisal and verification, if finding that the involved parties are
eligible for parent or child recognition, the provincial-level Justice
Department director shall sign a decision to recognize the parent or child
recognition.
In case
of refusing parent or child recognition, the provincial-level Justice
Department shall send a notice clearly stating the reason to the applicant.
5.
Within 5 working days after the provincial-level Justice Department director
signs a decision to recognize the parent or child recognition, unless otherwise
requested by the involved parties for a plausible reason, the provincial-level
Justice Department shall record in the parent and child recognition registration
book and hand over the decision to recognize the parent or child recognition to
the involved parties. The recognizer and recognize must be present to receive
the decision.
Article
35. Order of settlement of parent or child recognition at representative
missions
1.
Within 20 days after receiving a complete and valid dossier and a fee, a
representative mission shall:
a/ Study
and appraise the parent or child recognition dossier; and conduct verification
in case there is any doubt or a complaint or denunciation about the parent or
child recognition or when clarification of the personal identification details
of the involved parties or papers in the dossier is needed;
b/ If
finding that the involved parties are eligible for parent or child recognition,
the head of the representative mission shall sign a decision to recognize the
parent or child recognition.
In case
of refusing parent or child recognition, the representative mission shall send
a notice clearly stating the reason to the applicant.
2.
Within 5 working days after the head of a representative mission signs a
decision to recognize the parent or child recognition, unless otherwise
requested by the involved parties for a plausible reason, the representative
mission shall record in the parent and child recognition registration book and
hand over the decision to recognize the parent or child recognition to the
involved parties. The recognizer and recognize must be present to receive the
decision.
Section
4. RECOGNITION OF MARRIAGE, RECORDING IN THE CIVIL STATUS BOOK OF VIETNAMESE
CITIZENS’ PARENT OR CHILD RECOGNITION ALREADY SETTLED AT COMPETENT FOREIGN
AGENCIES
Article
36. Conditions for and forms of recognition of Vietnamese citizens’
marriage already settled at competent foreign agencies abroad
1. The
marriage between Vietnamese citizens or between a Vietnamese citizen and a
foreign which has been settled at a competent foreign agency abroad shall be
recognized in Vietnam when it satisfies the following conditions:
a/ The
marriage complies with the foreign law;
b/ At
the time of getting married, the partners satisfy the marriage conditions
prescribed by the Law on Marriage and Family of Vietnam;
In case
the marriage conditions are violated under Vietnamese law but at the time of
requesting marriage recognition, the consequences of such violation have been
remedied or the marriage recognition is favorable in protecting the interests
of women and children, such marriage shall be recognized in Vietnam.
2. The
marriage recognition prescribed in Clause 1 of this Article shall be recorded
in the marriage registration book according to the procedures prescribed in
Article 38 of this Decree.
Article
37. Competence to record marriages in the marriage registration book and
record in the civil status book Vietnamese citizens’ parent or child
recognition already settled at competent foreign agencies
1. The
provincial-level Justice Department of the locality where a Vietnamese citizen
registers permanent residence shall record in the marriage registration book
this citizen’s marriage already settled at a competent foreign agency abroad
(below referred to as book recording of marriage) or record in the civil status
book this person’s parent or child recognition already settled at a competent
foreign agency (below referred to as book recording of parent or child
recognition). In case the Vietnamese citizen has registered temporary residence
but not permanent residence in accordance with the residence law, the
provincial-level Justice Department of the locality where the citizen registers
temporary residence shall make the recording.
2. The
representative mission shall record in the book marriage and parent or child
recognition of Vietnamese citizens residing in the host country.
Article
38. Dossiers, order and procedures for book recording of marriage
1. A
dossier for recording of a marriage shall be made in 1 set, comprising the
following papers:
a/
Declaration for book recording of a marriage, made according to a prescribed
form;
b/ A
copy of the marriage certificate issued by a competent foreign agency;
c/ A
copy of one of the personal identification papers such as identity card,
passport or valid substitute paper;
d/ A
copy of the residence registration book or temporary residence book of the
applicant.
For
recognition of a marriage between a Vietnamese citizen and a foreigner either
of whom has divorced a Vietnamese citizen at a competent foreign agency, a
written certification of recording in the civil status book of the divorce
already settled abroad as prescribed by Vietnamese law is required.
2. The
dossier for book recording of a marriage shall be submitted directly by either
partner at a competent agency prescribed in Article 37 of this Decree.
3. The
time limit for settlement of the book recording of a marriage is 5 working days
from the date the provincial-level Justice Department or representative mission
receives a complete and valid dossier and a fee. When verification is needed,
this time limit may be extended for another 5 working days at most.
In case
of refusing book recording of a marriage, the provincial-level Justice
Department or representative mission shall issue a written reply clearly
stating the reason to the applicant.
4. After
recording a marriage in the book, the provincial-level Justice Department
director or head of the representative mission shall sign and grant the
applicant a certificate of recording in the civil status book of the marriage
already registered at the competent foreign agency, made according to a
prescribed form.
Article
39. Refusal of book recording of marriage
A
request for book recording of a marriage shall be refused when:
1. The
marriage fails to satisfy the conditions prescribed in Clause 1, Article 36 of
this Decree.
2.
Tampered, modified or erased papers are used to carry out the procedures for
grant of the marital status certificate, marriage or book recording of the
marriage.
3. The
commune-level People’s Committee fails to consult the provincial-level Justice
Department before granting a marital status certificate to the citizen
according to Article 28 of this Decree and the Vietnamese citizen is ineligible
to get married at the time of request for grant of the marital status
certificate or the marital status of the Vietnamese citizen has been certified
improperly.
Article
40. Dossiers, order and procedures for book recording of parent or child
recognition
1. A
dossier for book recording of parent or child recognition shall be made in 1
set, comprising the following papers:
a/
Declaration for book recording of parent or child recognition, made according
to a prescribed form;
b/ A
copy of a competent foreign agency’s paper on endorsement of the parent or
child recognition;
c/ A
copy of the paper proving the personal identification of the applicant such as
identity card, passport or valid substitute paper;
d/ A
copy of the household registration book or temporary residence book of the
applicant.
2. The
applicant shall submit the dossier of book recording of parent or child
recognition directly at a competent agency prescribed in Article 37 of this
Decree.
3.
Within 5 working after receiving a complete and valid dossier and a fee, the
provincial- level Justice Department or representative mission shall appraise
the dossier. In case verification is needed, this time limit may be extended
for another 5 working days at most.
If
finding that the dossier is complete and valid, the provincial-level Justice
Department director or the head of the representative mission shall sign and
grant the applicant a certificate of book recording of the parent or child
recognition already registered at the competent foreign agency, made according
to a prescribed form.
Section
5. RECORDING IN THE CIVIL STATUS BOOK OF DIVORCE AND CANCELLATION OF ILLEGAL
MARRIAGE ALREADY SETTLED ABROAD
Article
41. Conditions for recording in the civil status book of divorce already
settled abroad
Divorce
judgments, decisions or agreements or other divorce recognition papers issued
by competent foreign agencies do not require enforcement in Vietnam or have no
application for non-recognition in Vietnam.
Article
42. Competence to record in the civil status book divorce already settled
abroad
1. The
provincial-level Justice Department of the civil status book divorce already
settled abroad an applicant has been registered or recorded in the book shall
record in the civil status book this person’s divorce already settled abroad.
Based on
the applicant’s declaration for recording in the civil status book of the
divorce already settled aboard and the filed civil status book, the provincial-level
Justice Department shall identify the locality where the marriage was
previously registered or recorded in the book.
2. In
case a Vietnamese citizen from abroad who resides permanently in Vietnam
requests recording of his/her divorce in the civil status book and his/her
marriage has been registered at a representative mission or a competent foreign
agency, such recording shall be made at the provincial-level Justice Department
of the locality where this citizen permanently resides.
3. In case
a Vietnamese citizen who is currently residing abroad requests recording in the
civil status book his/her divorce and his/her marriage has been registered at a
representative mission or a competent foreign agency but has not been recorded
in the book at a competent Vietnamese agency, such recording shall be made at
the provincial-level Justice Department of the locality where this citizen
resides before leaving the country if this recording is not for the purpose of
marriage.
In case
the recording of a divorce in the civil status book is for the purpose of
marriage, the provincial-level Justice Department of the locality where the
applicant submits the marriage registration dossier is competent to record the
divorce in the civil status book.
Article
43. Cases subject to recording in the civil status book of divorce already
settled abroad
1. The
following cases are subject to recording in the civil status book of divorce
already settled abroad:
a/ A
Vietnamese citizen who gets divorced abroad returns to permanently reside in
Vietnam and requests the grant of a marital status certificate or carries out
marriage procedures;
b/ A
Vietnamese citizen residing abroad who gets divorced abroad requests marriage
at a competent Vietnamese agency;
c/ A
foreigner who divorces a Vietnamese citizen abroad requests marriage in
Vietnam;
d/ A
person who registers his/her marriage or has it recorded at a competent
Vietnamese agency and later gets divorced abroad requests civil status
registration at a competent Vietnamese agency.
2. The
civil status registration agency shall settle other cases of request for
recording in the civil status book of divorce already settled abroad.
3. For a
person who gets divorced many times, only the last divorce shall be recorded in
the civil status book.
Article
44. Dossiers for recording in the civil status book of divorce already
settled abroad
1. A
dossier for recording in the civil status book of a divorce already settled
abroad must comprise:
a/
Declaration for recording in the civil status book of a divorce already settled
abroad, made according to a prescribed form;
b/ A
copy of a foreign court’s effective divorce judgment or decision; a copy of the
divorce agreement whose effect has been recognized by a foreign court or
another competent foreign agency; copies of other divorce endorsement papers
issued by competent foreign agencies;
c/ A
copy of the identity card, passport or another valid substitute paper proving
the personal identification of the applicant;
d/ A
copy of the paper proving the competence to record divorce in the civil status
book.
2. The
above dossier shall be made in 2 sets and sent by post or submitted directly to
the competent provincial-level Justice Department.
The
applicant for recording of a divorce in the civil status book may authorize
another person to carry out the recording procedures. A paper of authorization
shall be made and legally notarized or certified, but is not required if the
authorized person is the grandparent, parent, spouse, natural child or sibling of
the authorizing person.
Article
45. Order and procedures for recording in the civil status book of divorce
already settled abroad
1.
Within 3 working days after receiving a complete and valid dossier and a fee,
the provincial-level Justice Department shall send a written request to the
Ministry of Justice for opinion about conditions for recording of the divorce
in the civil status book together with one set of dossier.
2.
Within 7 working days after receiving the provincial-level Justice Department’s
written request for opinion, the Ministry of Justice shall consider and
appraise the dossier and conditions for recording of the divorce in the civil
status book.
If
finding that the divorce judgment, decision or written agreement satisfies the
conditions prescribed in Article 41 of this Decree and the competence to record
divorce in the civil status book is proper, the Ministry of Justice shall send
its written approval to the provincial-level Justice Department for recording
of the divorce in the civil status book in accordance with this Decree.
If the
request for recording of a divorce in the civil status book is ineligible or
improper, the Ministry of Justice shall return the dossier to the
provincial-level Justice Department and issue a written reply clearly stating
the reason.
3.
Within 3 working days after receiving the Ministry of Justice’s written
approval, the provincial-level Justice Department shall record in the civil
status book the divorce already settled abroad and grant the applicant a
written certification of such recording, made according to a prescribed form.
In case the recording of the divorce in the civil status book is ineligible or
outside its competence, the provincial-level Justice Department shall issue a
written reply and return the dossier to the applicant without repaying the fee.
Article
46. Way of recording in the civil status book of divorce already settled
abroad
1. A
divorce already settled abroad shall be recorded in the civil status book as
follows:
The
divorce shall be recorded in the note column of the previous marriage
registration book, clearly writing the form, serial number and legally
effective date of the divorce document; name of the foreign court or another
competent foreign agency recognizing the divorce; serial number and date of the
written approval of the Ministry of Justice.
For an
applicant who previously registered his/her marriage at a district- or
commune-level People’s Committee, after recording his/her divorce in the civil
status book, the provincial-level Justice Department shall send a notice to
such district- or commune-level People’s Committee for further recording in the
marriage registration book in accordance with the law on civil status.
In case
the applicant previously requested marriage registration at a representative
mission, the notice shall be sent to the Ministry of Foreign Affairs for
recording in the marriage registration book filed at the Ministry of Foreign
Affairs (if the marriage registration book was forwarded for file) and for
further notification to the above representative mission for book recording.
2. In
case an applicant requests recording of a divorce in the civil status book and
the marriage was previously registered at a competent foreign agency and such
marriage has not been recorded in the marriage registration book, the
provincial-level Justice Department shall record both the marriage and divorce
in the marriage registration book used at the provincial- level Justice
Department.
In case
the applicant has registered his/her marriage at a competent Vietnamese agency
but the marriage registration book is no longer kept, the recording of his/her
divorce in the civil status book must also comply with this Clause.
Article
47. Recording in the civil status book of cancellation of illegal marriage
already settled abroad
The
recording in the civil status book of the cancellation of an illegal marriage
already settled abroad shall be conducted according to the provisions on
recording in the civil status book of divorce already settled abroad.
Section
6. REGISTRATION OF FOREIGN-INVOLVED MARRIAGE AND PARENT AND CHILD RECOGNITION
IN BORDER AREAS
Article
48. Competence to register marriage and parent and child recognition
Commune-level
People’s Committees of border areas shall register marriage and parent or child
recognition between Vietnamese citizens residing in border areas and citizens
of neighboring countries who reside in areas bordering on Vietnam in accordance
with this Decree.
Article
49. Order and procedures for marriage registration
1. A
marriage registration dossier shall be made in 1 set, comprising the following
papers of each party:
a/
Marriage registration declaration, made according to a prescribed form;
b/
Marital status certificate or marriage registration declaration containing
certification of marital status, for Vietnamese citizens; the papers proving
the marital status of the citizen of the neighboring country issued by a
competent agency of that country within 6 months counting to the date of
dossier receipt, certifying that this person is cuưently unmarried.
For a
Vietnamese citizen who has divorced at a competent foreign agency or a
foreigner who has divorced a Vietnamese citizen at a competent foreign agency,
a written certification of recording in the civil status of such divorce
already settled abroad under this Decree is required.
2.
Either partner shall submit the marriage registration dossier directly at the
commune- level People’s Committee which registers the marriage.
3. The
applicant shall produce the following papers:
a/ The
identity card of border inhabitant, for Vietnamese citizens; or a paper proving
his/her permanent residence in a border area together with other personal
identification papers for examination, for those having no identity card of
border inhabitant;
b/ The
personal identification paper or another paper proving his/her permanent
residence in an area bordering on Vietnam issued by a competent agency of the
neighboring country, for citizens of neighboring countries.
4.
Within 15 days after receiving a complete and valid dossier, the commune-level
People’s Committee shall appraise the dossier and then send a written request
for opinion to the provincial-level Justice Department together with a
photocopied dossier set.
5.
Within 5 working days after receiving a written request from the commune-level
People’s Committee, the provincial-level Justice Department shall consider the
dossier and issue a written reply to the commune-level People’s Committee.
6.
Within 7 working days after receiving the provincial-level Justice Department’s
written approval, the commune-level People’s Committee shall register the
marriage as for marriages between Vietnamese citizens in accordance with the
law on civil status registration.
7. In
case of refusing marriage registration, the provincial-level Justice Department
shall send a notice clearly stating the reason to the commune-level People’s
Committee for notification to the applicant.
The
refusal of marriage registration must comply with Article 26 of this Decree.
Article
50. Order and procedures for registration of parent or child recognition
1. A
registration dossier of parent or child recognition shall be made in 1 set,
comprising:
a/
Declaration for parent or child recognition, made according to a prescribed
form;
b/
Papers or other evidences proving the parent-child relation.
2. The
applicant shall submit the registration dossier of parent or child recognition
directly at the commune-level People’s Committee which registers the parent or
child recognition and shall produce the papers specified in Clause 3, Article
49 of this Decree for examination.
3.
Within 15 days after receiving a complete and valid dossier, the commune-level
People’s Committee shall appraise the dossier and post up at its office the
parent or child recognition for 7 working days. Past this time, the
commune-level People’s Committee shall send a written request for opinion to
the provincial-level Justice Department together with a photocopied dossier
set.
4.
Within 5 working days after receiving a written request for opinion from the
commune- level People’s Committee, the provincial-level Justice Department
shall consider the parent or child recognition dossier and issue a written
reply to the commune-level People’s Committee.
5.
Within 7 working days after receiving the provincial-level Justice Department’s
written approval, the commune-level People’s Committee shall register the
parent or child recognition as for parent and child recognition between
Vietnamese citizens under the law on civil status registration.
6. In
case of refusing parent or child recognition, the provincial-level Justice
Department shall send a notice clearly stating the reason to the commune-level
People’s Committee for notification to the applicant.
Section
7. ORGANIZATION AND OPERATION OF FOREIGN-INVOLVED MARRIAGE AND FAMILY
COUNSELING AND SUPPORT
Article
51. Centers for foreign-involved marriage and family counseling and support
The
center for foreign-involved marriage and family counseling and support (below
referred to as center) is a non-business unit under the Central Vietnam Women’s
Union or the Women’s Union of a province or centrally run city (below referred
to as Women’s Union).
Article
52. Principles of foreign-involved marriage and family counseling and
support
1. Activities
of a center must adhere to the principle of non profit, contribution to making
healthy foreign-involved marriage and family relations and conformity with the
fundamental principles of Vietnam’s marriage and family regime and national
fine customs and practices.
2. The
marriage partners are entitled to foreign-involved marriage and family
counseling and support regardless of their nationality or place of residence.
3.
Taking advantage of foreign-involved marriage and family counseling and support
for human trafficking, labor exploitation, sexual abuse or other profit-seeking
purposes is prohibited.
Article
53. Conditions for establishment of a center
The
Women’s Union shall decide to establish a center if fully satisfying the
following conditions:
1. To
have an operation regulation ensuring the principles prescribed in Article 52
of this Decree approved by the Women’s Union.
2. To
have locations, equipment and human resources to ensure the center’s
activities.
3. The
expected head of the center has no criminal record.
Article
54. Procedures for operation registration of centers, re-grant of operation
registration certificates of centers
1. After
receiving the establishment decision, a center shall register its operation
with the provincial-level Justice Department of the locality where it is based.
2. The
operation registration dossier of a center shall be made in 1 set comprising:
a/
Declaration for operation registration made according to a prescribed form;
b/ A
copy of the establishment decision of the center;
c/ The
paper proving the location of the office of the center;
d/ The
judicial record card of the expected head of the center, which has been issued
within 3 months counting to the date of dossier receipt;
dd/ A
copy of the operation regulation prescribed in Clause 1, Article 53 of this
Decree.
3.
Within 5 working days after receiving a complete and valid dossier, the
provincial-level Justice Department shall grant an operation registration
certificate made according to a prescribed form to a center. In case of
refusal, it shall send a notice clearly stating the reason to a center.
4. A
center’s operation registration certificate may be re-granted if it is lost or
unusably damaged.
Article
55. Powers and obligations of centers
1. A
center has the following powers:
a/ To
counsel Vietnamese citizens about matters related to foreign-involved marriage
and family under the guidance of the Women’s Union;
b/ To
counsel and train Vietnamese citizens in languages, cultures, customs and
habits, and the marriage and family and immigration laws of the countries of
persons whom they expect to marry;
c/ To
counsel and assist foreigners in learning about the language, culture, customs
and habits, and the marriage and family law of Vietnam;
d/ To
assist marriage partners in understanding the personal and family circumstances
of their partners and other related matters as requested by the partners;
dd/ To
grant certificates to Vietnamese citizens who have received counseling and
training under Points a and b, Clause 1 of this Article when so requested;
e/ To
assist the marriage partners in completing marriage registration dossiers in
accordance with law when so requested;
g/ To
provide matchmaking for Vietnamese citizens or foreigners wishing to find
foreign or Vietnamese partners for marriage;
h/ To
cooperate with foreign marriage counseling and support organizations set up
under that country’s law in settling matters, related to marriage and family
between Vietnamese citizens and foreigners;
i/ To
receive remuneration to cover operation expenses and payments for other
reasonable actual expenses in accordance with law, ensuring the non-profit
principle;
k/ To
change the contents of its operation registration certificate under Article 56
of this Decree.
2. A
center has the following obligations:
a/ To
operate in compliance with its operation registration certificate;
b/ To
counsel and assist all requesters regardless of their nationality and place of
residence; to grant certificates to requesters after providing counseling and
support;
c/ To
publicly announce remuneration levels under regulations;
d/ To
keep confidential personal information and materials, and personal and family
secrets of parties in accordance with law;
dd/ To
biannually and annually report on its operation, to send financial statements
on its incomes and expenditures related to foreign-involved marriage and family
counseling and support activities to the Women’s Union and provincial-level
Justice Department with which it registers operation; to irregularly report and
provide documents on or explain about matters related to its operation when so
requested by competent state agencies;
e/ To
submit to the inspection and management by the Women’s Union;
g/ To
submit to the inspection and examination by the Central Vietnam Women’s Union,
the Ministry of Justice, the provincial-level Justice Department with which it
registers operation, and by other competent agencies in accordance with law;
h/ Other
obligations as prescribed by law.
Article
56. Change of contents of operation registration certificates of centers
1. A
center wishing to change its name or office address shall send a written
request for recording of such change together with its operation registration
certificate to the provincial- level Justice Department with which it registers
operation.
Within 3
working days after receiving a written request for recording of a change, the
provincial-level Justice Department shall certify such change in the operation
registration certificate of the requesting center.
2. For
change of the head or operation contents of a center, the Women’s Union shall
send to the provincial-level Justice Department with which the center registers
operation a written request clearly stating the purpose, contents and reason
for such change, together with the center’s operation registration certificate.
For change of the center head, the judicial record card of the replacing head
issued within 3 months counting to the date of dossier receipt is required.
Within 5
working days after receiving a complete and valid dossier, the provincial-level
Justice Department shall certify the change in the operation registration
certificate. In case of refusal, it shall send a notice clearly stating the
reason to the Women’s Union.
Article
57. Termination of operation of centers
1. A
center shall terminate its operation when:
a/ The
Women’s Union decides to dissolve the center;
b/ The
center is deprived of the right to use its operation registration certificate
under the decision of a competent state agency.
2. In
case of operation termination under Point a, Clause 1 of this Article, the
Women’s Union shall send a notice of such termination to the provincial-level
Justice Department with which the center registers operation at least 30 days
before the center terminates its operation. The center shall return its
operation registration certificate to the provincial-level Justice Department
with which its registers operation.
3. In
case of operation termination under Point b, Clause 1 of this Article, the provincial-
level Justice Department or another competent agency shall send the decision to
deprive the right to use the operation registration certificate to the Women’s
Union at least 30 days before the date the center is forced to terminate its
operation.
4.
Before the date of operation termination, the center shall pay its debts (if
any) to related organizations and persons and settle matters related to its
operation termination; and send a report to the Women’s Union and the
provincial-level Justice Department with which its registers operation.
Section
8. STATE MANAGEMENT OF FOREIGN-INVOLVED MARRIAGE AND FAMILY
Article
58. Tasks and powers of the Ministry of Justice
The
Ministry of Justice shall take responsibility before the Government for the
uniform state management of foreign-involved marriage and family nationwide,
having the following tasks and powers:
1. To
elaborate and propose competent state agencies to promulgate or promulgate
according to its competence legal documents on foreign-involved marriage and
family.
2. To
guide provincial-level People’s Committees and coordinate with the Ministry of
Foreign Affairs in directing and guiding representative missions in
implementing the law on marriage and family involving foreign elements; and
disseminating and educating about the law on marriage and family involving
foreign elements and settling in accordance with law foreign-involved marriage
and law matters.
3. To
uniformly issue civil status registration books and forms prescribed in this
Decree.
4. To
inspect and examine the implementation of the law on marriage and family
involving foreign elements; to settle complaints and denunciations in
accordance with law; to handle administrative violations of regulations on
foreign-involved marriage and family in accordance with law.
5. To
make statistics on marriage registration; and parent and child recognition; to
grant marital status certificates; to record marriages and parent and child; to
record divorces or the cancellation of illegal marriages in civil status books
under this Decree.
6. To
carry out international cooperation in the field of foreign-involved marriage
and family in accordance with law.
Article
59. Tasks and powers of the Ministry of Foreign Affairs
The
Ministry of Foreign Affairs shall perform the state management of
foreign-involved marriage and family in accordance with law, having the
following tasks and powers:
1. To
direct representative missions in implementing the law on foreign-involved
marriage and family and in civil status registration operations; to take
measures to protect the lawful rights and interests of overseas Vietnamese in
marriage and family relations in accordance with the laws of host countries and
treaties to which Vietnam is a contracting party.
2. To
direct representative missions in making statistics and annually reporting on
marriage registration; parent and child recognition; recording of marriages and
parent and child recognition falling under their competence as prescribed by
this Decree.
To
summarize statistics and annually report on marriage registration; parent and
child recognition; recording of marriages and parent and child recognition
falling under the competence of representative missions for sending to the
Ministry of Justice.
3. To
update and provide basic information on the laws, cultures, customs and habits
of host countries as a basis for guiding public information and counseling work
at home.
4. To
inspect and examine representative missions in the implementation of the law on
marriage and family involving foreign elements; to settle complaints and
denunciations in accordance with law; to handle in accordance with law
administrative violations of regulations on marriage and family involving
foreign elements.
5. To
settle according to its competence external-relation matters arising in the
implementation of treaties on marriage and family to which Vietnam is a
contracting party.
6. To
issue copies of marriage certificates and decisions on recognition of parent or
child recognition in accordance with law.
7. Other
tasks and powers as prescribed by law.
Article
60. Tasks and powers of representative missions
1.
Representative missions shall perform the state management of marriage and
family and have the following tasks and powers:
a/ To
register marriages and parent and child recognition; to record in books
marriages and parent and child recognition in accordance with the laws of host
countries and treaties to which Vietnam is a contracting party;
b/ To
make statistics and biannually and annually report to the Ministry of Foreign
Affairs on marriage registration and parent and child recognition; and
recording of marriages and parent and child recognition falling under their
competence as prescribed by this Decree;
c/ To
update basic information on the laws, cultures, customs and habits of host
countries and report to the Ministry of Foreign Affairs;
d/ To
settle complaints and denunciations and handle administrative violations
related to the settlement of civil status matters in accordance with law;
dd/ Other
tasks and powers as prescribed by law.
2.
Diplomatic and consular public employees in charge of civil status affairs
shall assist representative missions in performing the tasks and powers
specified in Clause 1 of this Article, except the settlement of denunciations
prescribed at Point d, Clause 1 of this Article.
Article
61. Tasks and powers of the Ministry of Public Security
The
Ministry of Public Security shall perform the state management of
foreign-involved marriage and family in accordance with law, having the
following tasks and powers:
1. To
direct and guide provincial-level public security offices in assuming the prime
responsibility for, and coordinating with provincial-level Justice Departments
in, verifying according to their specialized functions matters required in
marriage registration dossiers under this Decree; to promptly issue passports
and facilitate the exit from Vietnam of Vietnamese citizens having registered
marriages or being recognized as parents or children when so requested.
2. To
direct and take measures to prevent and fight matchmaking activities and taking
advantage of marriage or parent or child recognition for self-seeking purposes,
human trafficking, labor exploitation, sexual abuse and other acts violating
the law on marriage and family involving foreign elements.
3. To
inspect and examine the implementation of the law on marriage and family
involving foreign elements in accordance with law.
4. Other
tasks and powers as prescribed by law.
Article
62. Tasks of ministries, ministerial-level agencies and government-attached
agencies
Ministries,
ministerial-level agencies and government-attached agencies shall, within the
ambit of their respective functions, tasks and powers, coordinate with the
Ministry of Justice in performing the state management of foreign-involved
marriage and family.
Article
63. Tasks and powers of provincial-level People’s Committees
1.
Provincial-level People’s Committees shall perform the state management of
foreign- involved marriage and family in their localities, having the following
tasks and powers:
a/ To
register foreign-involved marriages under this Decree;
b/ To
disseminate and educate about the law on marriage and family involving foreign
elements;
c/ To
make statistics and biannually and annually report to the Ministry of Justice
on marriage registration and parent and child recognition; recording of
marriages and parent and child recognition under this Decree; and the
implementation of the law on marriage and family involving foreign elements in
their localities;
d/ To
assure necessary conditions for provincial-level Women’s Unions to establish
centers; to create conditions for centers to operate effectively; to manage
activities of centers in their localities;
dd/ To
inspect and examine the implementation of the law on marriage and family
involving foreign elements in their localities; to settle complaints and
denunciations and handle administrative violations of regulations on marriage
and family involving foreign elements in accordance with law;
e/ Other
tasks and powers as prescribed by law.
2.
Provincial-level Justice Departments shall assist provincial-level People’s
Committees in performing the state management of foreign-involved marriage and
family in their localities; register parent and child recognition; record in
books marriages and parent and child recognition; and perform specific tasks
and powers prescribed in this Decree.
Article
64. Responsibilities of the Central Vietnam Women’s Union in
foreign-involved marriage and family
1. The
Central Vietnam Women’s Union shall coordinate with the Ministry of Justice,
ministries, ministerial-level agencies, government-attached agencies and
provincial-level People’s Committees in carrying out activities of
foreign-involved marriage and family in accordance with law.
2. The
Central Vietnam Women’s Union shall:
a/
Establish centers in accordance with this Decree and manage their activities;
b/
Direct and guide provincial-level Women’s Unions in establishing centers and
managing their activities;
c/
Direct and guide the organization and activities of centers;
d/
Coordinate with the Ministry of Justice in examining and inspecting the
organization and activities of centers.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 65. Effect
1. This
Decree takes effect on February 15, 2015.
2. To
annul the Government’s Decree No. 70/2001/ND-CP of October 3, 2001, detailing a
number of articles of the Law on Marriage and Family; Decree No. 32/2002/ND-CP
of March 27, 2002, prescribing the application of the Law on marriage and
family to ethnic minority people; Article 2 of Decree No. 06/2012/ND-CP of
February 2, 2012, amending and supplementing a number of articles of the
decrees on civil status, marriage and family and certification, and Decree No.
24/2013/ND-CP of March 28, 2013, detailing a number of articles of the Law on
Marriage and Family regarding marriage and family relations involving foreign
elements, except regulations on consular legalization, certification of
translators’ signatures and copies, papers for stateless persons, persons with
multiple foreign nationalities, Vietnamese citizens residing abroad and fees,
cease to be effective on the effective date of the Decree detailing the Law on
Civil Status.
Article
66. Transitional provisions
Dossiers
of request for marriage registration; parent or child recognition, grant of
marital status certificates to Vietnamese citizens residing in the country to
be used for registration of marriage with foreigners at competent foreign
agencies overseas, recording of marriages or parent or child recognition
settled overseas by competent foreign agencies and received by competent
Vietnamese agencies before the effective date of this Decree shall be settled
under Decree No. 24/2013/ND-CP of March 28, 2013, detailing a number of
articles of the Law on Marriage and Family regarding marriage and family
relations involving foreign elements.
Article
67. Implementation responsibility
Ministers,
heads of ministerial-level agencies, heads of government-attached agencies,
chairpersons of all-level People’s Committees and related organizations and
persons shall implement this Decree.
|
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER Nguyen Tan Dung |
APPENDIX
LIST OF BACKWARD MARRIAGE AND FAMILY PRACTICES WHICH
SHOULD BE ELIMINATED THROUGH MOBILIZATION OR ARE BANNED FROM APPLICATION
(To the Government’s Decree No. 126/2014/ND-CP of December 31, 2014)
(To the Government’s Decree No. 126/2014/ND-CP of December 31, 2014)
I.
BACKWARD MARRIAGE AND FAMILY PRACTICES WHICH SHOULD BE ELIMINATED THROUGH
MOBILIZATION
1.
Getting married before the ages prescribed by the Law on Marriage and Family.
2.
Marriage registration is not carried out by competent state agencies.
3.
Forcing marriages due to physiognomy and astronomy reading and superstition;
obstructing marriages due to ethnic and religious differences.
4. Prohibiting
marriages between relatives of the fourth generation on.
5.
Forcing the son-in-law to stay matrilocally to work for his parents-in-law
after the marriage if his family has no money for wedding and no wedding
presents.
6. The
family ties are patriarchal or matriarchal, failing to ensure the equality
between wife and husband as well as between girls and boys.
a/
Patriarchy:
Upon the
divorce, if at the wife’s request, the wife’s family must return to the
husband’s family all the wedding presents and other costs; if at the husband’s
request, the wife’s family must still return to the husband’s family half of
the wedding presents. After the divorce, if the woman remarries, she is not
allowed to enjoy and take any property with her. After the divorce, the
children must live with their father.
When the
husband dies, the widow is not entitled to the heritance left behind by the
husbands. If the widow remarries, she is not allowed to enjoy and take any
property with her.
When the
father dies, only sons are entitled to the heritance left behind by the late
father.
b/
Matriarchy:
The
children are forced to bear their mother’s family name.
When the
wife dies, the widower is not allowed to enjoy the heritance left behind by his
late wife and to take his personal property home.
When the
mother dies, only daughters are entitled to enjoy the heritance left behind by
their late mother.
After
his matrilocality, if the son-in-law is denied the marriage or after the
betrothal ceremony and the wedding offerings being accepted, the son-in-law is
denied the marriage, he will not be compensated therefor.
7.
Rejecting marriages between people of different ethnic groups or between people
of different religions.
II.
BACKWARD MARRIAGE AND FAMILY PRACTICES WHICH MUST BE BANNED FROM APPLICATION
1.
Polygamy.
2.
Marriage between people of the same direct line of descent, between relatives
within three generations.
3. The
customs of catching wives in order to coerce women into marriage.
4.
Asking for high wedding presents of commercial nature (asking for silver, cash,
dowries, buffaloes, cows, gongs... as wedding offerings).
5. The
levirate marriage customs: When the husband dies, the widow is forced to marry
his elder or younger brother-in-law; when the wife dies, the widower is forced
to marry her elder or younger sister-in-law.
6.
Forcing the widow or widower, who remarries, to repay the wedding money to the
family of her ex-husband or his ex-wife.
7.
Reclaiming property and imposing fines when the wife or husband divorces her
husband or his wife.-