Chapter 5.
ORGANIZATION AND OPERATION OF ADVISORY AND ASSISTANCE ON MARRIAGE AND FAMILY INVOLVING FOREIGN ELEMENTS
Article 29. The legal status of the Centers of advisory and assistance on marriage and family involving foreign elements
The Centers of advisory and assistance on marriage and family involving foreign elements (hereinafter referred to as Centers) are non-business units of the Cetral Committee of the Vietnam Women's Union or the Women's Union in provinces and centrally-run cities (hereinafter referred to as the Women's Unions). Women's Unions shall promulgate decisions on establishment of centers.
Article 30. The principles of advisory and assistance activities on marriage and family involving foreign elements
1. Activities of centers must ensure in the non-profit principle, contribute to make the marriage and family relations involving foreign elements be more healthy, in conformity with basic principles of the marriage and family regime of Vietnam, and national culture and fine traditions.
2. It is strictly prohibited to take advantage of advisory and assistance on marriage and family involving foreign elements to human trafficking in, sexually abuse women or for other self-seeking purposes.
Article 31. Conditions for establishment of Centers
1. Having an operation regulation ensuring the non-profit principle approved by the Woman’s Unions.
2. Having necessary places, equipment, human resources to assure for activities of centers.
3. The persons who are expected as heads of centers have no criminal records.
Article 32. Procedures for registration for operation of centers, re-grant of certificate of operation registration of centers
1. After being established, the centers must register operation at the provincial Justice Services, where the centers located head offices.
2. The dossiers for registration of operation of Centers shall be made 01 set including the following papers:
a) The declaration for operation registration (made according to a set form);
b) The copy of the decision on the establishment of the center;
c) The papers testifying to the location of the Center’s headquarters;
d) The legal record card of the person expected to head the Center granted within 03 months, to the day of receiving dossier;
e) The copy of operation regulation specified in clause 1 Article 31 of this Decree.
3. Within 05 working days as from the date of receiving complete and valid dossiers, the provincial Justice Services shall grant the certificate of operation registration to the Centers (according to set form). In case of refusal for grant of operation registration certificate, the provincial Justice Services shall notify such in writing to the Women’s Unions which have set up the centers, in which clearly state reason thereof.
4. In case where the certificate of operation registration of a center is lost or corrupted cannot to use, it shall be re-granted the certificate of operation registration.
Article 33. Rights and obligations of the Centers
1. The Centers have the following rights:
a) To give advice on matters on marriage and family involving foreign elements to Vietnamese citizens under guidance of the Woman’s Unions;
b) To give advice, improve for Vietnamese citizens on languages, cultures, customs and practices, as well as law on marriage and family, entry of countries which the involved parties expect to marry with citizen of such countries;
c) To give advice, help foreigners to inquire into matters regarding languages, cultures, customs and practices, as well as law on marriage and family of Vietnam;
d) To help the marriage partners to inquire into matters regarding the personal identification, families and social backgrounds of the parties, as well as other relevant matters requested by the parties; create favorable conditions for them to proceed to voluntary, equitable, progressive, happy and monogamous marriages;
dd) To grant written confirmation for Vietnamese citizens after they have been consulted, improved as prescribed in point a and point b clause 1 of this article;
e) To assist the parties in finalizing dossiers for marriage registration as prescribed by law, if have request;
g) In case where Vietnamese citizens or foreigners have demand to be introduced with foreigners or Vietnamese citizens for marriage, the centers may perform introduction;
h) To be entitled to perform coordination with legal organizations of marriage advisory, assistance of concerned foreign countries in order to settle matters related to marriage and family between Vietnamese citizens and foreigners as prescribed by law;
i) To receive remunerations to cover operation cost and be paid other reasonable actual costs as prescribed by law, ensure the non-profit principle;
k) To change content of operation registration certificate as prescribed in Article 34 of this Decree.
2. The Centers have the following obligations:
a) To carry out activities in strict accordance with the contents inscribed in the operation registration certificates;
b) To publicize the remunerations as prescribed by law;
c) To keep in secret of information, documents on private life of parties as prescribed by law;
d) To be inspected, managed by the Woman’s Unions;
dd) To report every 6 months and annually on activities of centers to the Woman’s Union and the provincial Justice Services, where register operation; report irregularly, supply documents of make explainations on matters related to activities of Centers at the request of competent state agencies;
e) To be inspected, examined by the Central Committee of Vietnam Woman's Union, the Ministry of Justice, the provincial Justice Services where their operations have been registered and other competent agencies as prescribed by law;
g) To send final settlement on financial revenue and expenditure relating to advisory and assisstance activities on marriage and family involving foreign elements to the Woman's Union, the provincial Justice Services where their operations have been registered;
h) Other obligations as prescribed by law.
Article 34. Changes in contents of the operation registration certificates of Centers
1. In cases where Centers wish to change their appellations and/or headquarters locations, they must send written requests for annotation on the changes, together with their operation registration certificates, to the provincial Justice Services where their operations have been registered.
Within 03 working days as from the date of receiving the written requests for annotation on the changes, the provincial Justice Services shall directly inscribe the changed contents in the operation registration certificates of the Centers and affix stamps for certification.
2. In cases where there are requests for replacement of the heads of the Centers or the operation contents of the Centers, the Woman’s Unions must send the written requests for the changes, clearly stating the purposes, contents and reasons for the changes, together with the operation registration certificates, to the provincial Justice Services where the Centers operations have been registered. In case of replacement of the heads of the Centers, the legal record cards of the substitutes which are issued within 03 months to the day of receiving dossire must be enclosed with the written requests for the change.
Within 05 working days as from fully receiving the valid dossiers, the provincial Justice Services shall directly inscribe the changed contents in the operation registration certificates of the Centers and affix stamps for certification. In case of refusing the changes, the Justice Services shall notify such in writing which clearly state reason thereof to the Woman's Unions.
Article 35. Termination of operations of Centers
1. A Center shall terminate its operation in the following cases:
a) Women's Union decides to dissolve the Center;
b) It is deprived indefinitely of the right to use the operation registration certificate by decision of a competent State body.
2. In case of operation termination under the provisions at Point a, Clause 1 of this Article, the Woman’s Union must send written notifications of the termination of operation of the Center to the provincial Justice Services where the Center has registered its operations, at least 30 days before the date of termination of operations of the Center. The Centers shall have to return the operation registration certificates to the provincial Justice Services where they previously registered their operation.
3. In cases of operation termination under the provisions at Point b, Clause 1 of this Article, the provincial Justice Services or other competent agencies must send decisions on indefinite deprivation of the right to use the operation registration certificate at least 30 days before the date the Centers are forced to terminate operations.
4. Before the date of operation termination, the Centers shall have to pay all debts (if any) to relevant organizations and/or individuals and settle all matters related to the operation termination; and make reports on thereon in writing to send to the Woman’s Unions and the provincial Justice Services where they previously registered their operation.
Tìm kiếm
Nghị định 24/2013/NĐ-CP (Bản Word)
Nghị định 24/2013/NĐ-CP (Bản Pdf)