Chapter VII
STATE MANAGEMENT OVER CIVIL STATUS, CIVIL STATUS JUDICIAL OFFICIALS
Section 1.STATE MANAGEMENT OVER CIVIL STATUS
Article 75. Tasks and powers of the Justice Ministry in the state management over civil status
The Justice Ministry shall assist the Government in performing the uniform state management over civil status nationwide, having the following tasks and powers:
1. To draft and submit to competent agencies for promulgation or to promulgate according to its competence legal documents on civil status registration and management;
2. To guide and direct the implementation of legal documents on civil status registration and management;
3. To issue, guide the uniform use of, assorted civil status books, forms;
4. To examine, inspect the civil status registration and management;
5. To sum up the civil status situation and statistical data for report to the Government on an annual basis;
6. To settle complaints and denunciations about civil status according to its competence;
7. To study the application of information technologies to civil status registration and management;
8. To enter into international cooperation on civil status.
Article 76. Tasks and powers of the Ministry of Foreign Affairs in the state management over civil status
The Ministry of Foreign Affairs shall coordinate with the Justice Ministry in performing the state management over civil status for Vietnamese citizens in foreign countries the following tasks and powers:
1. To coordinate with the Justice Ministry in guiding, directing, examining and inspecting the civil status registration and management by Vietnamese diplomatic missions and consulates;
2. To organize civil status work training for consular officials of the Vietnamese diplomatic missions and consulates;
3. To archive civil status books transferred by Vietnamese diplomatic missions or consulates;
4. To issue civil status paper duplicates based on civil status books;
5. To sum up the civil status situation and statistical data of Vietnamese diplomatic missions and consulates and send them to the Justice Ministry biannually and annually;
6. To settle complaints and denunciations about civil status according to its competence.
Article 77. Tasks and powers of provincial/municipal People's Committees in the state management over civil status
1. Provincial/municipal People's Committees (hereinafter called provincial-level People's Committees) shall perform the state management over civil status in their respective localities, having the following tasks and powers:
a/ To guide and direct the organization and implementation of civil status registration and management work for district-level People's Committees and commune-level People's Committees;
b/ To build a system for organizing the civil status registration and management, professional training for civil status officials;
c/ To disseminate legal provisions on civil status;
d/ To examine and inspect the civil status registration and management in their respective localities; to settle complaints and denunciations and handle violations regarding civil status according to competence;
e/ To manage and use assorted civil status books and forms according to regulations of the Justice Ministry;
f/ To archive civil status books and papers;
g/ To issue civil status paper duplicates based on civil status books;
h/ To sum up the civil status situation and statistical data, report them to the Justice Ministry biannually and annually;
i/ Annually, to allocate funds for purchase and printing of civil status books and forms, satisfying the civil status registration demands in localities; to furnish material facilities for civil status registration and management activities;
j/ To decide on recovery and destruction of civil status papers which are issued in contravention of this Decree by provincial/municipal Justice Service directors or district-level People's Committees.
2. Provincial/municipal Justice Services shall assist provincial-level People's Committees in performing their tasks and exercising their powers in the state management over civil status as specified at Points from a thru g, Clause 1 of this Article (particularly for the settlement of denunciations at Point d, Clause 1, provincial/municipal Justice Services shall do it only when so assigned) and register civil status events falling under their jurisdiction. Where their relaxed management has led to wrong-doings, negative deeds of public employees of provincial/municipal Justice Services in civil status registration and management, directors of provincial/municipal Justice Services must bear responsibility therefor.
3. Provincial-level People's Committee presidents shall bear responsibility for civil status registration and management in their respective localities. Where their relaxed management has led to wrong-doings, negative deeds of public employees in civil status registration and management in their respective localities, provincial-level People's Committee presidents must bear responsibility therefor.
Article 78. Tasks and powers of district-level People's Committees in the state management over civil status
1. District-level People's Committees shall perform the state management over civil status in their respective localities, having the following tasks and powers:
a/ To direct, examine the organization and implementation of civil status registration and implementation by commune-level People's Committees;
b/ To settle civil status changes and/or corrections for people of full 14 years or older and ethnicity re-determination, gender re-determination, civil status supplements and/or adjustments for all people regardless of their ages;
c/ To organize civil status professional training for civil status judicial officials;
d/ To organize the dissemination of legal provisions on civil status;
e/ To manage and use assorted civil status books and forms according to regulations of the Justice Ministry;
f/ To archive civil status books and papers;
g/ To issue civil status paper duplicates based on civil status books;
h/ To sum up the civil status situation and statistical data and report them to provincial-level People's Committees biannually and annually;
i/ To settle complaints and denunciations and handle violations regarding civil status according to its competence;
j/ To decide on recovery, destruction of civil status papers issued in contravention of provisions of this Decree by commune-level People's Committees (except for the marriage registration in violation of the marriage conditions specified by the law on marriage and family).
2. Justice Sections shall assist district-level People's Committees in performing the tasks and exercising the powers in state management over civil status as specified in Clause 1 of this Article (particularly, the settlement of denunciations at Point i of Clause 1 shall be implemented only when so assigned). The settlement of complaints provided for at Point i, Clause 1 of this Article shall be performed by district-level People's Committees.
3. District-level People's Committee presidents shall bear responsibility for the civil status registration and management in their respective localities. Where their relaxed management has led to wrong-doings, negative deeds of public employees in civil status registration and management in their respective localities, the district-level People's Committee presidents must bear responsibility therefor.
Article 79. Tasks and powers of commune-level People's Committees in state management over civil status
1. In the state management over civil status, commune-level People's Committees shall have the following tasks and powers:
a/ To register civil status events falling under their competence as provided for by this Decree;
b/ To disseminate and mobilize people to strictly observe the provisions of law on civil status;
c/ To manage and use assorted civil status books and forms according to regulations of the Justice Ministry;
d/ To archive civil status books and papers;
e/ To issue civil status paper duplicates based on civil status books;
f/ To sum up the civil status situation and statistical data and report them to the district- level People's Committees biannually and annually;
g/ To settle complaints and denunciations and handle violations regarding civil status according to competence.
2. Civil status judicial officials shall have to assist commune-level People's Committees in performing the tasks and exercising the powers as specified in Clause 1 of this Article (except for case of settlement of denunciations at Point g, Clause 1 of this Article).
3. Commune-level People's Committee presidents shall bear responsibility for civil status registration and management in their respective localities. Where their relaxed management has led to wrong-doings and negative deeds of public employees in civil status registration and management in their respective localities, commune-level People's Committee presidents must bear responsibility therefor.
Article 80. Tasks and powers of Vietnamese diplomatic missions, consulates in the state management over civil status
1. Vietnamese diplomatic missions and consulates shall perform the state management over civil status with the following tasks and powers:
a/ To register civil status events for Vietnamese citizens in foreign countries under the guidance of the Justice Ministry and the Ministry of Foreign Affairs;
b/ To manage and use assorted civil status books and forms in accordance with the regulations of the Justice Ministry;
c/ To archive civil status books and papers;
d/ To issue civil status paper duplicates based on civil status books;
e/ To sum up the civil status situation and statistical data and report them to the Ministry of Foreign Affairs biannually and annually;
f/ To settle complaints and denunciations and handle violations regarding civil status according to competence.
2. Consular officials performing civil status work shall have to assist Vietnamese diplomatic missions and consulates in performing the tasks and exercising the powers as specified in Clause 1 of this Article (except for case of settlement of denunciations at Point f, Clause 1 of this Article).
Section 2 CIVIL STATUS JUDICIAL OFFICIALS
Article 81. Civil status judicial officials
1. Civil status judicial officials are commune-level public employees who assist commune-level People's Committees in performing the tasks and exercising the powers in civil status registration and management. For communes, wards, district townships with a big population and great civil status work volume, there must be full-time civil status officials who shall not perform other judicial work on a part-time basis.
2. Civil status judicial officials must meet all criteria of commune-level public employees in accordance with the provisions of law on public employees and must additionally meet the following criteria:
a/ Having a graduation diploma issued by an intermediate or higher law school;
b/ Having been professionally trained in civil status work;
c/ Having clear hand-writing.
3. The recruitment, employment, management, commendation and disciplining of civil status judicial officials shall comply with general provisions of law on commune-level public employees.
4. Civil status judicial officials shall have to perform the obligations and be entitled to enjoy public employees' interests prescribed for commune-level public employees by law.
Article 82. Tasks of civil status judicial officials in civil status registration and management
In civil status registration and management, civil status judicial officials shall assist commune-level People's Committees in performing the following tasks:
1. To receive and examine dossiers, verify and propose commune-level People's Committee presidents to consider and decide on civil status registration according to the provisions of this Decree;
2. To regularly examine and mobilize people to make timely registration of civil status events. For areas where people are still influenced by local customs and practices or meet with travel difficulties, civil status judicial officials must work out plans to go to people's houses for registration of arising civil status events.
Civil status judicial officials shall be answerable to commune-level People's Committees for non-registration of civil status events occurring in their respective communes, wards or district township.
3. To use assorted civil status books and forms according to regulations of the Justice Ministry.
4. To sum up the civil status situation and make accurate statistical civil status data for commune-level People's Committees to report to district-level People's Committees biannually and annually;
5. To disseminate and mobilize people to abide by the legal provisions on civil status;
6. To keep, preserve, archive civil status books and papers; upon resignation from their tasks, to hand them in full to their successors.
Article 83. Things must not be done by civil status judicial officials
1. Civil status judicial officials must not do the following things:
a/ Being authoritarian, authoritative, harassing for bribes, causing difficulties or troubles to agencies, organizations or individuals upon performance of civil status registration work;
b/ Taking bribes;
c/ Collecting civil status fees higher than the prescribed levels or arbitrarily setting fee levels upon civil status registration;
d/ Arbitrarily setting procedures or demanding papers against the provisions of this Decree upon civil status registration;
e/ Falsifying contents already registered in civil status books or forms;
f/ Deliberately issuing civil status papers with inaccurate contents.
2. The provisions of Clause 1 of this Article shall also apply to judicial officials of Justice Sections and civil status officials of provincial/municipal Justice Services.
Tìm kiếm
Nghị định 158/2005/NĐ-CP (Bản Word)