Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree details the implementation of a number of articles of the Marriage and Family Law regarding the marriage between Vietnamese citizens and foreigners, between Vietnamese citizens with each other, which at least a party resides overseas, between foreigners in Vietnam; the recognition of fathers, mothers or children between Vietnamese citizens and foreigners, between Vietnamese citizens with each other which at least a party resides overseas, between foreigners with each other which at least a party resides in Vietnam; the issuance of certification of marital status for Vietnamese citizens residing in Vietnam in marriage registration with foreigners which have been carried out at competent foreign agencies; recognition of marriages of Vietnamese citizens which have been settled at competent foreign agencies; recording in the civil status books recognition of fathers, mothers or children of Vietnamese citizens which have been settled at competent foreign agencies; organizations and activities of advisory and assisstance on marriage and family involving foreign elements.
Article 2. Protection of marriage and family relations involving foreign elements
1. In the Socialist Republic of Vietnam, the rights and legitimate interests of the parties to the marriage and family relations involving foreign elements are respected and protected in accordance with Vietnamese laws and the international agreements which Vietnam has signed or acceded to.
2. It is strictly prohibited to take advantage of marriage, recognition of fathers, mothers or children to traffic in, exploit the labor of, sexually abuse women and/or children or for other self-seeking purposes.
Article 3. Requests for consular legalization, authentication of signatures of translators and authentication of copies of papers
1. Papers issued by foreign competent agencies or notarized or authenticated overseas for use to settle the marriage and family cases under the provisions of this Decree must be consular legalized, except for cases exempted from consular legalization under International treaties of which the Socialist Republic of Vietnam is a member or in principle of reciprocity.
Papers granted, notarized or authenticated by competent agencies of neighbour countries for use to settle the marriage and family cases as prescribed in Chapter IV of this Decree shall be exempted from consular legalization.
2. Papers prescribed in Clause 1 of this Article in foreign language(s) must be translated into Vietnamese and the translations must be authenticated signature of translator as prescribed by law.
Papers granted, notarized or authenticated overseas by competent agencies of neighbour countries for use to settle the marriage and family cases as prescribed in Chapter IV of this Decree shall be translated into Vietnamese, with commitment of translator for translating according to proper content, authentication of signature of translator is not required.
3. Copies of papers in dossier requesting settlement of marriage and family involving foreign elements, dossier registering operation of Center of advisory and assistance for marriages and family involving foreign elements as prescribed in this Decree must be legally authenticated; in case copies of papers are not authenticated, originals must be produced for comparison.
Article 4. The responsibility to archive the dossiers, record in the civil status books for marriages and family involving foreign elements
1. Files of settlement of marriage and family cases involving foreign elements as prescribed in this Decree must be preserved carefully and archived as prescribed by law.
2. The registration of marriage, recognition of fathers, mothers or children settled by People’s Committees of provinces and centrally-run cities (hereinafter referred to as provincial People’s Committees), Justice services of provinces and centrally-run cities (hereinafter referred to as provincial Justice services) shall be recorded in 01 civil status book and kept in provincial Justice services.
The registration of marriage, recognition of fathers, mothers or children settled by Diplomatic Missions, Consular Offices and other agencies authorized for consular function of Vietnam in foreign countries (hereinafter referred to as representative agencies) shall be recorded in 02 civil status books; after closing book, 01 book is kept in the representative agency where performs registration, 01 book is sent to the Ministry of Foreign Affairs in order to perform grant of coppies as prescribed by law.
3. After solving the registration of marriage, recognition of fathers, mothers or children, recognition of marriage, recording in the civil status book for recognition of fathers, mothers or children as prescribed in this Decree, provincial Justice services shall notify in writing to People’s Committees communes, wards and townships (hereinafter referred to as communal People’s Committees) in order to make annotations in the civil status book.
Article 5. Fees
1. Those who apply for the registration of marriages, recognition of fathers, mothers or children; recognition of marriages, recording in the civil status books recognition of fathers, mothers and children of Vietnamese citizens, which have already been carried out at competent foreign offices, must pay civil status fees as provided for by law.
2. The registration of marriages, recognition of fathers, mothers or children involving foreign elements in border areas are free.
Tìm kiếm
Nghị định 24/2013/NĐ-CP (Bản Word)
Nghị định 24/2013/NĐ-CP (Bản Pdf)