THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
184-CP
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Hanoi,
November 30, 1994
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DECREE
STIPULATING THE PROCEDURE OF MARRIAGE, ADOPTION OF OUT-OF-
WEDLOCK CHILDREN, ADOPTION OF CHILDREN, AND TUTORSHIP OF CHILDREN BETWEEN
VIETNAMESE CITIZENS AND FOREIGNERS
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government on the 30th of September 1992;
Pursuant to the Law on marriage and the Family in 1986;
In order to provide details for the implementation of some provisions of the
Ordinance on Marriage and Family Relationship between Vietnamese Citizens and
Foreigners;
At the proposal of the Minister of Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
This Decree defines the procedures for registration and recognition of
marriage, recognition of the adoption of children by parents, registration and
recognition of out-of-wedlock adoption of children, and recognition of
tutorship of children between Vietnamese citizens and foreigners.
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a/ Directing and guiding the
Juridical Service, the Diplomatic Representations and Consulates of Vietnam in
foreign countries (hereunder referred to as diplomatic and consular offices) in
implementing the law and procedures of population registration;
b/ Cooperating with the Ministry
of Foreign Affairs and other ministries and branches concerned in protecting
the legitimate rights and interests of Vietnamese citizens, particularly those
of Vietnamese children who are adopted by foreigners and reside in foreign
countries;
c/ Issuing paper forms and
household population registers, and exercising unified control of their
printing and distribution;
d/ Inspecting and supervising
the implementation of laws and settling in their capacity the related complaints
and denunciations;
e/ Furthering international
relations in this field.
Article 3.-
The Ministry of Foreign Affairs and the Ministry of Interior shall have to
direct and guide their affiliated agencies in implementing the tasks and powers
stipulated by the Decree.
Article 4.-
1. The
People's Committees of provinces and cities directly under the Central
Government (hereunder deferred to as provincial People's Committees) where
Vietnamese citizens reside, are authorized to settle the registration and
recognition of marriage, recognition of the adoption of out-of-wedlock children
by parents, registration and recognition of adoptions, and recognition of
tutorships between Vietnamese citizens and foreigners.
The Juridical Service shall
receive the dossier, and in cooperation with the Security Service of the same
level (hereunder referred to as Security Service), check the dossier and submit
its suggestion to the provincial People�s
Committee for decision.
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Article 5.-
The papers, issued by the authorized agency or certified by the notary public
of a foreign country concerning the marriage and family relationship between
Vietnamese citizens and foreigners, must be legalized by the diplomatic or
consular office or the Ministry of Foreign Affairs of Vietnam in accordance
with Vietnam�s laws.
The papers written in a foreign
language must be translated into Vietnamese, and the translated version must be
legalized by the consulate or certified by Vietnam�s notary public.
Article 6.-
Those who wish to have their marriage registered and recognized, to adopt
out-of-wedlock children, and to have their adoption of children registered and
recognized in accordance with this Decree, must pay a fee.
The rates of the fee, the
management and use of fees shall be decided by the Minister of Finance and the
Minister of Justice.
Chapter II
PROCEDURE OF REGISTERING
AND RECOGNIZING MARRIAGE
Article 7.-
1. In
registering their marriage, each side must fill in an application for marriage
according to the set form.
Enclosed with the application
are the following papers:
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b/ A certificate not more than 3
months old of the authorized agency of the country of which the applicant is a
citizen, certifying that the concerned person is single;
c/ A certificate not more than 3
months old of a medical organization that the concerned person is not mentally
ill, or if he/she is, he/she is still conscious of his/her act, that the
concerned person is not infected with a venereal disease or HIV.
2. With regard to foreigners, in
addition to the papers mentioned at Point 1 of this Article, they must have a
paper certifying that they are fully qualified for marriage and that their
marrying a Vietnamese citizen is recognized by their country s law; if the law
of the concerned country has a close allowing its citizens to marry foreigners,
then the paper must be marked with "Granted".
3. In case the concerned
Vietnamese citizen is serving in the armed forces or working in a branch
related to national secrets, in addition to the papers mentioned at Point 1 of
this Article, he/she must also submit a certificate of his/her controlling
organization at the central or provincial level, that his/her marriage with a
foreigner does not affect the keeping of national secrets or is not at variance
with the regulations of that service.
Article 8.-
The papers mentioned at Article 7 of this Decree must be done in two sets and
submitted to the Juridical Service if the marriage is organized in Vietnam; or
to the diplomatic or consular office if the marriage is organized in a foreign
country.
Article 9.-
Within 60 days after receiving the dossier, the provincial People�s Committee, the diplomatic
or consular office must decide whether or not to register the marriage; if
further verification is needed, the time limit may be extended but by not more
than 30 days.
In case they refuse to register
the marriage, the provincial People’s Committee, the diplomatic or consular
office must notify in writing the concerned person of their refusal.
Article
10.- The order in registering a marriage in Vietnam is as follows:
1. After receiving the dossier
and fee, the Juridical Service in cooperation with the Security Service, shall
check the dossier.
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3. After receiving the written
answer from the Security Service, the Juridical Service shall make its
suggestion to the provincial People’s Committee for decision.
4. If the concerned person is
judged qualified for the marriage, the President of the provincial People�s Committee shall sign the
marriage certificate.
5. Within 7 days after signing
the marriage certificate, the Juridical Service shall deliver the marriage
certificate to the person concerned and register it in the Marriage Register
unless otherwise requested by the person concerned about the time limit.
Both sides must be presented and
produce their passport and ID card, or other valid papers as substitutes.
Article
11.- The order in registering a marriage at the diplomatic or consular
office is as follows:
1. After receiving the dossier
and fee, the diplomatic or consular office shall check the dossier, and if
necessary, discuss with the offices concerned in Vietnam.
2. Within 30 days after
receiving the official request from the diplomatic or consular office, the
offices concerned at home must give their answer in writing; if further
verification is needed, the time limit may be extended but by not more than 15
days.
3. If the person concerned is
judged qualified for the marriage and the registration of the marriage is not
at variance with the laws of the receiving country, the Head of the diplomatic
or consular office shall sign the marriage certificate.
4. Within 7 days after signing
the marriage certificate, the diplomatic or consular office shall deliver the
marriage certificate to the person concerned and register it in the Marriage
Register unless otherwise requested by the person concerned about the
time-limit.
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Article
12.-
1. For
the marriage of a Vietnamese citizen and a foreigner which has already been
organized at the authorized institution of a foreign country, to be recognized
in Vietnam, the person concerned residing in Vietnam must fill in an
application according to the set form and send it to the provincial People�s Committee.
The application must be enclosed
with the marriage certificate.
These papers must be done in two
sets and sent to the Juridical Service.
2. Within 30 days after
receiving the dossier and fee, the Juridical Service shall check the dossier
and give its suggestion to the provincial People�s
Committee for decision.
3. In registering his/her
marriage, if the Vietnamese citizen does not violate Article 5, 6 and 7 of the
Law on Marriage and the Family of Vietnam and the recognition of the marriage
is not at variance with the basic principles of the Law on marriage and the
Family of Vietnam, then the President of the provincial People�s Committee shall sign the
decision of recognition.
4. Within 7 days after signing
the decision, the Juridical Service shall deliver the decision to the person
concerned and register it in the marriage Register unless otherwise requested
by the person concerned about the time limit.
Chapter
III
PROCEDURE OF RECOGNIZING
THE ADOPTION OF OUT-OF-WEDLOCK CHILDREN BY PARENTS
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1. A
foreigner applying for the adoption of an out-of-wedlock child who is a
Vietnamese citizen residing in Vietnam, a Vietnamese citizen applying for the
adoption of an out-of-wedlock child who is a foreigner residing in Vietnam,
must send his/her application to the provincial People’s Committee in the
locality where the child resides.
Enclosed with the application
are the necessary papers proving their parental or maternal relationship.
2. The papers mentioned a Point
1 of this Article must be done in two sets and sent to the Juridical Service.
Article
14.-
1. Within
60 days after receiving the dossier, the provincial People�s Committee shall decide
whether or not to recognize the adoption of an out-of-wedlock child by the
parents; if further examination is needed, the time-limit may be extended but
by not more than 30 days.
2. While the application is
being considered, if a dispute arises over the adoption of the out-of-wedlock
child outside its jurisdiction, the provincial People�s Committee shall suspend the consideration and
notify the person concerned.
Article
15.- The order in recognizing the adoption of an out-of-wedlock child by
parents is as follows:
1. After receiving the full dossier
and the fee, the Juridical Service shall put on public notice at its office the
necessary information concerning the request of the person concerned, check the
dossier, and give its suggestion to the provincial People� s Committee for decision.
2. The President of the
provincial People�s
Committee shall consult the juridical Service, and if it is found to have the
necessary legal basis, shall sign the decision recognizing the adoption of the
out-of-wedlock child by the parents.
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Chapter IV
PROCEDURE FOR
REGISTERING AND RECOGNIZING CHILD ADOPTIONS
Article
16.-
1. A
foreigner wishing to adopt a Vietnamese child residing in Vietnam must file an
application in accordance with the set form and send it to the provincial
People's Committee.
If the applicant is married,
his/her application must have the consents of his/her spouse.
2. Enclosed with the application
are the following papers:
a/ A copy of the birth
certificate, or passport, or another valid paper of the applicant as
substitute.
b/ A certificate not more than 6
months old of the authorized State institution of the country of which the
applicant is a citizen, that the person concerned is quantified to bring up an
adoptive child in accordance with the laws of that country, and that the
adoption of Vietnamese children is recognized by that country;
c/ A certificate not more than 6
months old of a medical organization that the person concerned is in good
health and not affected with mental or contagious diseases;
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e/ A guarantee made in
accordance with the set form certifying that every year he/she shall report to
the Ministry of Justice, and also to the provincial People's Committee or the
diplomatic or consular office which has issued the decision for the adoption of
the child, on the growth process of the child until he/she is 18 years old;
this report must be verified by the authorized agency of the country where the
adoptive child resides;
f/ A copy of the birth
certificate of the child to be adopted;
g/ A writ from the child s
parents or tutor certifying that they agree to let the child be adopted by the
foreigner concerned; in case the child has no parents or tutor, the person who
directly brings up the child must give hi/her consent in writing; if the child
is living at a child care center, the Head of the center must give his/her
consent in writing.
With regard to children 9 years
old and above, they must personally give their consent in writing to their
adoption by a foreigner.
3. In case of the adoption of a
baby abandoned at a medical institution, the papers mentioned at Point g in
Item 2 of this Article, shall be replaced by a written consent of the Head of
that medical institution.
Article
17.-
1. The
papers mentioned at Article 16 of this Decree must be done in two sets and sent
to the Juridical Service.
2. In submitting his/her
dossier, the foreigner concerned must produce his/her passport or another valid
paper as substitute.
Article
18.- Within 60 days after receiving the dossier, the provincial People's
Committee shall decide whether or not to permit the foreigner concerned to
adopt the child; it further verification is needed, the time-limit may be
extended but by not more than 30 days.
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Article
19.- The order in settling the adoption of Vietnamese children in Vietnam
by foreigners is as follows:
1. After receiving the dossier
and fee, the Juridical Service in cooperation with the Security Service shall
check the dossier.
2. Within 30 days after
receiving the official request from the Juridical Service, the Security Service
must give its answer in writing; it further verification is needed, the
time-limit may be extended but by not more than 15 days.
3. After receiving the written
answer from the Security Service, the Juridical Service shall give its
suggestion to the provincial People�
s Committee for decision.
4. If the applicant is judged
qualified to bring up an adoptive child and the adoption is beneficial to the
child, the President of the provincial People�s
Committee shall sign a decision allowing the foreigner concerned to adopt the
child.
5. The Juridical Service shall
proceed with the delivery of the child within 7 days from the date the decision
is signed allowing the adoption by the foreigner, unless otherwise requested by
the applicant about the time limit, but the extension shall not exceed 3
months.
Article
20.- The delivery and taking delivery of the adoptive child shall take
place at the Juridical Service in the presence of the representative of the
Juridical Service, the adoptive parent, the adoptive child, his(her) parents or
their legal representative.
At the delivery, the
representative of the Juridical Service shall hand over the decision to the
adoptive parent and record it in the Register of Adoptions.
The delivery and taking delivery
of the adoptive child must be recorded in an official document according to the
prescribed form.
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1. A
foreigner who applies to adopt a Vietnamese child living in a foreign country
shall file an application according to the prescribed form and send it to the
diplomatic or consular office of Vietnam in his/her country.
The application, the attached
papers and the procedures of filing the dossier shall comply with prescriptions
at Article 16 and Article 17 of this Decree.
2. Within 90 days after
receiving the full dossier and the fee, the diplomatic or consular office shall
decide whether or not to accept the application. The time for consideration may
be extended if further verification is needed, but by not more than 30 days.
In case of refusal, the
diplomatic or consular office shall notify in writing the concerned person.
Article
22.- The order in settling the adoption of a Vietnamese child by a foreigner
shall proceed as follows:
1. After receiving the full
dossier and fee, the diplomatic or consular office shall check the dossier. If
it decides that the applicant meets the conditions for adopting the child, that
adoption is beneficial to the child and the adoption does not contravene the
law of the receiving country, it shall make suggestion in writing to the
Ministry of Justice for consideration.
2. Within 30 days after
receiving the proposal of the diplomatic or consular office, the Ministry of Justice
shall make a written reply. This time-limit may be extended if further
verification is needed but by not more than 15 days.
3. After receiving the written
approval of the Ministry of Justice, the Head of the diplomatic or consular
office shall sign the decision to allow the applicant to adopt the child and
carry out the deliver and taking delivery of the child within seven days after
the signing of the decision, except otherwise requested by the adoptive parent
(parents) concerning this time-limit, but any extension shall not exceed three
months.
4. The delivery and taking
delivery of the adoptive child shall proceed at the diplomatic or consular
office in the presence of the representative of the diplomatic or consular
office, the adoptive parent (parents), the adoptive child, the parents of the
adoptive child or their legal representative.
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The delivery and taking deliver
must be recorded in the minute according to the prescribed form.
Article
23.-
1. A
Vietnamese citizen who applies to adopt a foreign child residing in Vietnam
must send an application in the prescribed form to the People�s Committee of the province
where this child resides.
If the applicant is a married
man or woman, he/she must have the consent of his/her spouse stated in the
application.
2. The application must be
attached with the papers stipulated in Points a, c, d, f and of Item 2 Article
16 of this Decree and the following papers:
a/ A certificate by the People's
Committee of the commune, ward or township where the applicant resides that
he/she meets the conditions to adopt a child as prescribed by law.
b/ A written consent of the
authorized agency of the country of which the child is a citizen, to allow
him/her to be adopted by a Vietnamese citizen.
3. The procedure of filing the dossier,
the order in the settlement of the delivery and taking delivery of the adoptive
child must conform with the stipulations at Articles 17, 18, and 20 of this
Decree.
Article
24.-
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The application must be attached
with the decision to recognize the adoption.
These papers must be done in two
sets and sent to the Juridical Service.
2. Within 30 days after
receiving the full dossier and the fee, the Juridical Service shall check the
dossier and give its suggestion to the Provincial People�s Committee for decision.
3. If the registration of the
adoption takes place in the foreign country and does not violate Articles 34,
35 and 36 of the Law on marriage and the Family of Vietnam and the adoption
does not contravene the fundamental principles of the Law on Marriage and the
Family of Vietnam, the President of the provincial People's Committee shall
sign the decision to recognize the adoption.
4. The Juridical Service shall
hand over the decision to the concerned person and record it in the Register of
Adoptions within seven days after the signing of the decision of recognition,
except otherwise requested by the concerned person with regard to the
time-limit.
Article
25.-
1. When a
foreigner who wants to adopt a Vietnamese child residing in Vietnam but cannot
yet determine which child to adopt, he may send an application to the Vietnam
Ministry of Justice to express his wish.
The application must specify
(his/her) name, date of birth, sex, nationality, profession, permanent
residence and the contact address, the reason for adoption and specific demands
about the adoptive child.
2. After receiving the
application, the Ministry of Justice shall cooperate with the concerned offices
to present the child to the applicant according to his request. If he accepts,
the applicant must fill the procedures on adoption as stipulated in this
Decree.
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PROCEDURE OF RECOGNITION
OF TUTORSHIP
Article
26.-
1. A
foreign resident in Vietnam wishing to tutor a Vietnamese child residing in
Vietnam, shall have to file an application in the prescribed form to the People�s Committee in the province.
The application must be attached
with the following papers:
a/ A copy of the birth
certificate or the passport or other valid substitute paper of the applicant
and a copy of the birth certificate of the Vietnamese child.
b/ A copy of the certificate of
residence of the applicant and a copy of the residence register of the
Vietnamese child.
c/ The certificate of the People�s Committee at commune, ward
or township issued to the foreign resident not more than three months earlier,
that he/she has the required behavior and moral qualifications and practical
conditions to act as a tutor as prescribed at Article 48 of the Law on Marriage
and the Family of Vietnam.
d/ The certificate of the child�s parents or other legal
representative of the parents agreeing to the tutorship of the child by the
foreigner.
2. The papers stipulated at Item
1 of this Article shall be made in two sets of dossier and sent to the
Juridical Service.
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In case the tutorship is
refused, the provincial People�s
Committee shall notify the concerned person in writing.
Article
28.- The order in the settlement of the tutorship of a Vietnamese child by
a foreigner shall proceed as follows:
1. After receiving the full
dossier, the Juridical Service shall cooperate with the Security Service to
check the dossier.
2. Within 10 days after
receiving the official proposal of the Juridical Service, the Security Service
shall make a written reply. The time-limit may be extended if further
verification is needed but by not more than 7 days.
3. After receiving they written
reply of the Security Service, the Juridical Service shall make its proposal to
the provincial People�s
Committee for decision.
4. If the foreigner is judged to
meet the conditions for tutoring the Vietnamese child and the tutorship is
judged beneficial to the child, the provincial People�s Committee shall sign the decision to recognize
this tutorship.
5. Within 7 days after the
signing of the decision, if the tutor has no request to extend the time-limit,
the Juridical Service shall hand over the decision recognizing the tutorship to
the foreigner and record it in the Register of Tutorships.
6. The decision to recognize the
tutorship shall be sent to the People�s
Committee of the commune, ward or township where the tutor and the tutored
reside so that the tutorship may be supervised.
Article
29.-
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2. The application and attached
papers together with the procedure of filing the dossier and the order in the
settlement of the adoption of a foreign child residing in Vietnam by a
Vietnamese citizen shall comply with the stipulations at Articles 26, 27 and 28
of this Decree.
Article
30.-
1. A
foreigner who wishes to adopt a Vietnamese child residing abroad must make an
application in the prescribed form and send it to the Vietnamese diplomatic or
consular office.
The application must be attached
with the papers stipulated at Point a and Point d of Item 1 of Article 26 of
this Decree together with the certificate by the authorized agency of the
foreign country of which the applicant is a citizen issued not more than 3
months earlier, that he/she fills the conditions of a tutor under the law of
that country.
2. The papers stipulated at Item
1 of this Article shall be made in two sets of dossier and sent to the
diplomatic or consular office.
3. Within 60 days after
receiving the full dossier, the diplomatic or consular office shall answer in
writing to the concerned person.
Article
31.- The order in the settlement of a foreigner�s tutorship of a Vietnamese child residing in a
foreign country shall proceed as follows:
1. After receiving the full
dossier, the diplomatic or consular office shall check the dossier. If the
foreigner is judged eligible for tutoring a Vietnamese child and the tutorship
is judged beneficial to the child, the office shall make a written proposal to
the Ministry of Justice for decision.
2. Within 30 days after
receiving the written proposal of the diplomatic or consular office, the
Ministry of Justice shall make a written reply. If further investigation is
necessary the time-limit may be extended but bay not more than 15 days.
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4. Within seven days after the
decision is signed, if the tutor has no request about the time-limit, the
diplomatic or consular office shall conduct the registration of the tutorship,
and the decision recognizing the tutorship to the tutor and record it in the
Register of Tutorships.
The decision to recognize the
tutorship shall be done in two copies and one copy shall be sent to the
authorized agency of the country of residence of the tutor and of the tutored
in order to cooperate in the supervision of the tutorship.
Chapter VI
SETTLEMENT OF
COMPLAINTS, DENUNCIATION AND HANDLING OF VIOLATIONS
Article
32.- The concerned person may appeal against the decision of the provincial
People�s Committee and
the diplomatic or consular office, and protest or denounce the law contravening
acts of any office or official in the settlement of the marriage registration,
recognition of marriage, recognition of the adoption of out-of-wedlock children
by parents, registration and recognition of adoptions and recognition of
tutorship of children between Vietnamese citizens and foreigners in the order
and according to the procedures prescribed by law.
Article
33.- In case the concerned person does not agree with the decision of the
provincial People’s Committee or the diplomatic or consular office, he/she may
file a complaint to the Minister of Justice.
The decision of the Minister of
Justice is final.
Article
34.-
1. Anyone
who makes untruthful declarations in the dossier, fake papers in the
application for marriage registration, in the recognition of marriage,
recognition of the adoption of out-of-wedlock children by parents, the
registration and recognition of adoptions and recognition of tutorships
stipulated in this Decree, shall, depending on the extent of the violation, be
liable to administrative sanctions or investigated for penal liability by
virtue of law.
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Article
35.- Anyone who misuses his or her position and powers for personal
interests or other personal motive to take law contravening acts in the
settlement of the marriage registration, recognition of marriage, recognition
of the adoption of out-of-wedlock children by parents, registration and
recognition of adoptions and recognition of tutorships stipulated in this
Decree, shall, depending on the extent of the violation, be liable to disciplinary
measures or investigated for penal liability by virtue of law.
Chapter
VII
IMPLEMENTATION
PROVISIONS
Article
36.-
1. In
case an agreement on mutual judiciary assistance or consular agreement or other
international conventions or treaties which the Socialist Republic of Vietnam
has signed or adhered to, provide for procedures different from the provisions
in this Decree, the provisions of these international treaties shall prevail.
2. The provisions of this Decree
shall also apply to the marriage registration, recognition of marriage, the
recognition of adoption of out-of-wedlock children by parents, the registration
and recognition of adoptions and of tutorships between Vietnamese citizens
themselves, one of them having settled abroad.
Article
37.- The certifications, stipulated at Point b, Items 1 and 2 of Article 7,
Point b, Item 2 of Article 16, Point b, Item 2 of Article 23, and Item 1 of
Article 30 of this Decree, applied to the non-nationality, dual-nationality or
multi-nationality foreigners and Vietnamese having settled abroad, shall be as
follows:
a/ For the non-nationality
foreigners, it shall be the certificate of the authorized agency of the country
of his permanent residence.
b/ For the dual or multi-nationality
foreigner, it is the certificate of the authorized agency of the country of his
residence or of which he carries a nationality. If he does not have a permanent
residence in any of the countries of which he is a national, it is the
certificate of the authorized agency of the country of which h/she is carrier
of the passport or any lawful substitute paper.
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Article
38.-
1. Each
year, the Ministry of Justice shall report to the Government about the
situation of marriage registration and recognition, recognition of the adoption
of out-of-wedlock children by parents, the registration and recognition of
adoptions and recognition of tutorships of children between Vietnamese citizens
and foreigners.
2. Every six months and each
year, the provincial People's Committees shall report to the Ministry of
Justice on the situation of marriage registration and recognition, recognition
of the adoption of out-of-wedlock children by parents, registration and
recognition of adoptions and recognition of tutorships of children between
Vietnamese citizens and foreigners in their localities.
Every six months and each year,
the diplomatic and consular offices shall report to the Ministry of Justice and
the Ministry for Foreign Affairs on the marriage registration, registration of
adoptions and recognition of tutorship between Vietnamese citizens and
foreigners.
Article
39.-
1. The
provincial People's Committee, the diplomatic or consular office, after
settling the marriage registration, the recognition of the adoption of
out-of-wedlock children by parents, the registration and recognition of
adoptions and the recognition of the tutorships between Vietnamese citizens and
foreigners, shall send one set of dossier to the Ministry of Justice. If it
refuses the registration or recognition, both sets of dossiers must be kept at
the Justice Service or the diplomatic or consular office. In case of a
complaint stipulated at Article 33 of this Decree, the Juridical Service or the
diplomatic or consular office shall send a set of dossier to the Ministry of
Justice which shall settle the affair according to its competence.
2. In case a Vietnamese citizen
who marries a foreigner or is adopted by a foreigner leaves Vietnam to settle
abroad, the Ministry of the Interior shall notify the Ministry of Justice. The
Ministry of Justice shall, through the Ministry of Foreign Affairs, send a
notification to the diplomatic or consular office so that it can manage and
monitor the affair and, when necessity arises, protect the legitimate rights
and interests of the Vietnamese citizen in that foreign country.
Article
40.- This Decree takes effect from the date of its signing.
Hereby are annulled Decree No.
12/HDBT on the 1st of February 1989 of the Council of Ministers on the
procedures of marriage between Vietnamese citizens and foreigners to be
conducted before the authorized office of the Socialist Republic of Vietnam,
and Decision No. 145/HDBT on the 2nd of April 1992 of the Council of Ministers
promulgating the Provisional Regulation on the permission for foreigners to
adopt Vietnamese orphans, abandoned children or handicapped children at the
care centers under the management of the Labor, War Invalids and Social Affairs
Service.
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The ministers, the heads of
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the People’s Committees at the provinces and
cities directly under the Central Government shall have to implement this
Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet