Chương 9 Nghị định 158/2005/NĐ-CP: Điều khoản cuối cùng

Chapter IX

FINAL PROVISIONS

Article 96. Applications of the Decree in a number of special cases

1. The provisions on birth registration in Section 1, Chapter II of this Decree shall also apply to birth registration in the following cases:

a/ Children are born in Vietnam with their fathers and mothers being Vietnamese citizens residing overseas;

b/ Children are born in Vietnam with their fathers or mothers being Vietnamese citizens who reside in the country while the others being Vietnamese citizens who reside overseas;

c/ Children are born in Vietnam with their fathers and mothers being foreigners or stateless persons who stably and permanently reside in Vietnam;

d/ Children are born in Vietnam with their fathers or mothers being foreigners or stateless persons who stably and permanently reside in Vietnam while the others being Vietnamese citizens who reside in the country;

e/ Children are born in Vietnam with their fathers or mothers being Vietnamese citizens who reside in border regions while the others being nationals of neighboring countries who permanently reside in border regions.

2. The provisions on death registration in Section 3, Chapter II of this Decree shall also apply to cases where dead persons are foreigners or stateless persons who stably and permanently reside in Vietnam.

3. The provisions on civil status changes and corrections, ethnicity re-determination, gender re-determination, civil status supplements, civil status adjustments in Section 7, Chapter II of this Decree shall also apply to Vietnamese citizens residing overseas who previously made civil status registrations with competent Vietnamese agencies.

The provisions on civil status corrections, gender re-determination, civil status supplements, civil status adjustments in Section 7, Chapter II of this Decree shall also apply to foreigners who previously made civil status registrations with competent Vietnamese agencies.

The Justice Services of the provinces (cities) where the involved persons previously made civil status registration shall be competent to settle civil status changes or corrections, ethnicity re-determination, gender re-determination, civil status supplements, civil status adjustments in the above-said cases.

Particularly for civil status corrections, gender re-determination, civil status supplements, civil status adjustments for foreigners or stateless persons stably and permanently residing in Vietnam who have already made civil status registration at commune-level People's Committees under the provisions of this Decree, they shall be settled like for Vietnamese citizens residing in the country.

4. The provisions on marriage re-registration, child adoption re-registration in Section 9, Chapter II of this Decree shall also apply to the re-registration of marriages, child adoptions between Vietnamese citizens permanently residing in border regions and citizens of neighboring countries permanently residing in regions bordering on Vietnam, where the marriages or child adoptions were previously registered at commune-level People's Committees under the provisions of the Government's Decree No. 68/2002/ND-CP of October 10, 2002, detailing the implementation of a number of articles of the Law on Marriage and Family regarding marriage and family relations involving foreign elements.

Article 97. Application of the Decree to civil status registration and management in island districts

For island districts without commune-level administrative units, apart from the civil status registration and management functions of commune-level People's Committees, the People's Committees of island districts shall also perform the tasks and exercise the powers of civil status registration and management of commune-level People's Committees.

The Justice Sections of island districts shall have to send specialized officials to perform civil status registration and management tasks and powers under the provisions of this Decree.

Article 98. Implementation effect

This Decree takes effect as from April 1, 2006, and replaces the Government's Decree No. 83/1998/ND-CP of October 10, 1998, on civil status registration. The previous regulations on civil status registration and management which are contrary to this Decree shall all be annulled.

Article 99. Implementation responsibility

1. The Finance Minister shall have to promulgate the regimes of civil status registration fee collection, exemption, reduction and use and funding supports for purchase of civil status books and forms for mountainous, deep-lying, remote, ethnic minority regions.

2. The Minister of Home Affairs, the Minister of Public Security and the Minister of Foreign Affairs shall have to coordinate with the Justice Minister in guiding matters related to their respective branches and provided for in this Decree.

3. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, and presidents of provincial/municipal People's Committees shall have to implement this Decree.