Chương V Nghị định 123/2015/NĐ-CP hướng dẫn Luật hộ tịch: Điều khoản thi hành

Chapter V

IMPLEMENTATION

Article 43. Implementation

1. Each President of People’s Committee of province shall direct performance of tasks prescribed in the Law on civil status and this Decree, and adopt the following measures to ensure the effectiveness in registration and management of civil status affairs in the province:

a) Formulate plans, training programs, placement of civil status officials in districts and communes as prescribed in the Law on civil status and this Decree;

b) Allocate funding and facilities in conformity with requirements of the registration and management of civil status affairs in the provinces;

c) To inspect, examine, settle claims and denunciations, and handle violations against the law on civil status within his/her competence.

3. Each President of People’s Committee of district/commune shall direct performance of tasks prescribed in the Law on civil status and this Decree, and adopt the following measures to ensure the effectiveness in registration and management of civil status affairs in the district/commune:

a) Direct civil status officials to register civil status events in the district/commune sufficiently, promptly, and consistent with regulations of law; give notices of civil status registration and update civil status events as prescribed in the Law on civil status;

b) Direct agencies in district/commune to closely cooperate with civil status official in expediting and reviewing birth or death cases that have been registered in the district/commune, offer solutions for eliminating difficulties and ensure the people’s right to apply for civil status registration.

c) Plan arrangement of resources, funding and direct mobile civil status registration in the district/commune, subject to reality, in accordance with guidelines of the Ministry of Justice.

3. Presidents of People’s Committees shall be answerable to the recruitment and placement of civil status officials not in accordance with the Law on civil status and this Decree.

Article 44. Transitional provisions

1. Any application for civil status registration that had been received before January 1, 2016 by a Registry but has not been settled as prescribed in the Government's Decree No. 158/2005/ND-CP dated December 27, 2005 on registration and management of civil status affairs and the Government's Decree No. 126/2014/ND-CP dated December 31, 2014 on guidelines for regulations and enforcement measures of the Law on marriage and family.

2. Any couple cohabiting before January 3, 1987 that has not applied for marriage registration are encouraged and enabled to apply for marriage registration. Their marriage relationship shall be recognized from the date on which the couple has established the cohabitation. The power to and procedures for marriage registration shall be consistent with Articles 17 and 18 of the Law on civil status.

Article 45. Entry in force

1. This Decree comes into force from January 1, 2016.

2. The following legislative documents, Articles and Clauses shall be annulled:

a) The Government's Decree No. 77/2001/ND-CP dated October 22, 2001 on guidelines for marriage registration in accordance with Resolution No. 35/2000/QH10 of the National Assembly on implementation of the Law on marriage and family;

b) The Government's Decree No. 158/2005/ND-CP dated December 27, 2005 on registration and management of civil status affairs;

c) Article 1 and Article 3 of the Government's Decree No. 06/2012/ND-CP dated February 2, 2012 on amendments to Decrees on civil status, marriage and family, and authenticity;

d) Articles 3, 5, and 44 of the Government's Decree No. 24/2013/ND-CP dated March 28, 2013 on guidelines for the Law on marriage and family in terms of marriage and family relationship involving foreign elements;

dd) Sections 1 through 6 of Chapter III, including Articles 19 through 50 and Point a Clause 63 of the Government's Decree No. 126/2014/ND-CP dated December 31, 2014 on guidelines for regulations and implementation measures of the Law on marriage and family.

3. Clause 2 Article 63 of the Government's Decree No. 126/2014/ND-CP dated December 31, 2014 on guidelines for regulations and implementation measures of the Law on marriage and family shall be amended as follows:

“2. Sở Tư pháp giúp Ủy ban nhân dân cấp tỉnh trong việc thực hiện quản lý nhà nước về hôn nhân và gia đình có yếu tố nước ngoài tại địa phương, thực hiện nhiệm vụ và quyền hạn cụ thể theo quy định của Nghị định này”. (“Each Service of Justice shall enable the People's Committee of province to perform roles of regulatory agency in marriage and family involving foreign elements in the province, and perform specific duties and entitlements as prescribed in this Decree”.

4. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of People’s Committees and relevant organizations and individuals shall implement this Decree./.