Chapter 4.
REGISTRATION OF MARRIAGE, RECOGNITION OF FATHERS, MOTHERS OR CHILDREN INVOLVING FOREIGN ELEMENTS IN BORDER REGIONS
Article 26. Competence to register marriage, recognition of fathers, mothers or children
The commune-level People’s Committees in border regions shall effect the registration of marriage, recognition of fathers, mothers or children between Vietnamese citizens permanently residing in border regions and citizens of neighboring countries permanently residing in regions bordering on Vietnam under the provisions of this Decree and other law provisions on civil status registration.
Article 27. The order of and procedures for marriage registration
1. The dossiers of marriage registration are made into 01 set, including the following papers of each party:
a) The declaration for marriage registration (made according to a set form);
b) The written certification of marital status or marriage registration declaration with certification of marital status of Vietnamese citizens; documentary evidence on marital status of citizens of neighboring countries issued by competent agencies of such countries.
Papers specified in this point must be issued within 06 months to the date the dossier is received, stating that such person is currently in status of no wife or no husband.
For Vietnamese citizens who have already been divorced at foreign competent agencies or foreigners who have already been divorced with Vietnamese citizens at foreign competent agencies, they must submit the written confirmation that the divorce which carried out abroad have been recorded in civil status book as prescribed by law of Vietnam.
2. One of two marriage partners shall directly submit dossiers of marriage registration at the communal-level People’s Committees, where register marriages.
3. The applicants must produce the following papers:
a) The Vietnamese citizens must produce the border people’s identity cards; in cases where the border people’s identity cards are not available, they must produce papers proving their permanent residence in border regions, together with other personal papers, for inspection;
b) The citizens of neighboring countries must produce the personal papers or other papers issued by competent State bodies of the neighboring countries to prove that their citizens permanently reside in regions bordering on Vietnam.
4. Within 15 days as from the date of receiving the complete and valid dossiers, the communal-level People’s Committees have the responsibility for verification of dossiers. After the dossier verification, the commune-level People’s Committees shall send official dispatches, enclosed with copy of one set of marriage registration dossier (copies not require for authentication), to the provincial Justice Services for comments.
5. Within 15 working days as from the date of receiving the official dispatches of the commune-level People’s Committees, the provincial Justice Services shall consider the marriage registration dossiers and give their written replies to the former.
In case refusal for marriage registration, the provincial Justice Services shall have a document clearly stating reason thereof and send it to the provincial Justice Service in order to notify both of lady and gentleman parties.
6. Within 07 working days as from the date of receiving the consent of the provincial Justice Services, the commune-level People’s Committees shall perform marriage registration as for the cases of registration of marriage between Vietnamese citizens in the country according to the law provisions on civil status registration.
Article 28. The order of and procedures for registration for recognition of fathers, mothers or children
1. A dossier on registration for recognition of fathers, mothers or children shall be made into 01 set, including:
a) The declaration for recognition of fathers, mothers or children (made according to a set form);
d) Grounds (if any) to prove that there is between the recognizer and the recognizee the father or mother and children relationship;
2. The applicant must submit directly dossier on registration for recognition of father, mother or children at the communal-level People’s Committees, where registering the recognition of father, mother or children. When submit dossiers, the applicants must produce papers specified in clause 3 Article 27 of this Decree for inspection.
3. Within 15 days as from fully receiving the valid dossiers, the commune-level People’s Committees have the responsibility for verification of dossiers, posting up the application for recognition of fathers, mothers or children for 07 consecutive days at their offices. Past the time limit of posting, the commune-level People’s Committees shall send official dispatches, enclosed with copies of one set of dossier (copies not require for authentication), to the provincial Justice Services for comments.
4. Within 05 working days as from the date of receiving the official dispatches of the commune-level People’s Committees, the provincial Justice Services shall consider dossiers of recognition of fathers, mothers or children and give their written replies to the former.
In case of refusing the recognition of fathers, mothers or children, the provincial Justice Services shall send document to the communal-level People’s Committees in order to notify which clearly stating reason thereof to the applicants.
5. Within 07 working days as from the date of receiving the written consents of the provincial Justice Services, the commune-level People’s Committees shall perform registration of recognition of fathers, mothers or children as for the cases of registration of recognition of fathers, mothers or children between Vietnamese citizens in the country according to the law provisions on civil status registration.
Tìm kiếm
Nghị định 24/2013/NĐ-CP (Bản Word)
Nghị định 24/2013/NĐ-CP (Bản Pdf)