Chapter 6.
STATE MANAGEMENT OVER MARRIAGE AND FAMILY INVOLVING FOREIGN ELEMENTS
Article 36. Tasks and powers of the Ministry of Justice
The Ministry of Justice takes responsibility before the Government in unified state management over marriage and family involving foreign elements nationwide, having the following tasks and powers:
1. To formulate and submit to the competent State agencies for promulgation or to promulgate according to its competence legal documents on marriage and family involving foreign elements.
2. To guide the provincial-level People’s Committees and coordinate with the Ministry for Foreign Affairs in directing and guiding the representative agencies in implementation of the law provisions on marriage and family involving foreign elements; to disseminate and educate in the legislation and settle cases on marriage and family involving foreign elements as prescribed by law.
3. To issue unified forms of books and papers for registration of civil status cases prescribed in this Decree.
4. To inspect and examine the observance of the legislation on marriage and family involving foreign elements; to settle complaints and denunciations according to the provisions of law and handle administrative violations on marriage and family involving foreign elements as prescribed by law.
5. To gather statistics on the registration of marriage, recognition of fathers, mothers or children, grant of confirmation on marriage status, annotations in registers for marriage, recognition of fathers, mothers or children as prescribed in this Decree.
6. To carry out international cooperation in the field of marriage and family involving foreign elements as prescribed by law.
Article 37. Tasks and powers of the Ministry for Foreign Affairs
The Ministry for Foreign Affairs shall perform the State management over the marriage and family involving foreign elements as prescribed by law, having the following tasks and powers:
1. To direct the representative agencies in implementing the legislation on marriage and family involving foreign elements as well as on civil status registration operations; in taking measures to protect the rights and legitimate interests of Vietnamese citizens in foreign countries in marriage and family relations in accordance with the laws of the host countries and the international agreements which Vietnam has signed or acceded to.
2. To direct the representative agencies in observing the regime of statistics and annual reports on the situation of registration of marriage, recognition of fathers, mothers or children and annotations in registers for marriage, recognition of fathers, mothers or children, which fall under their settling jurisdiction as prescribed in this Decree.
To gather data for statistics and make annual reports on the situation of registration of marriage, recognition of fathers, mothers or children and annotations in registers for marriage, recognition of fathers, mothers or children, which fall under their settling jurisdiction and send them to the Ministry of Justice.
3. To update and supply basic information on law, culture, customs and practices of host countries in order to do as basis for orientation of domestic propagation and advisory.
4. To inspect and examine the observance of the legislation on marriage and family involving foreign elements at representative agencies; to settle complaints and denunciations according to the provisions of law; and handle administrative violations on marriage and family involving foreign elements as prescribed by law.
5. To settle under their jurisdiction foreign affairs araising during the course of implementation of International treaties on marriage and family of which Vietnam is a member.
6. To issue copies from the original books of marriage certificates, decisions on father, mother or child recognition according to the provisions of law.
7. To perform other tasks and exercise other powers as provided for by law.
Article 38. Tasks and powers of the representative agencies
1. The representative agencies implement state management on marriage and family, having the following tasks and powers:
a) To implement the marriage registration, recognition of fathers, mothers, children; donatations in registers for marriage, recognition of fathers, mothers, children in conformity with law of receiving countries and International treaties of which Vietnam is a member;
b) To make statistics and biannual and annual reports on the situation of registration of marriage, recognition of fathers, mothers or children and annotations in registers for marriage, recognition of fathers, mothers or children, which fall under their settling jurisdiction as prescribed in this Decree.
c) To update basic information on law, culture, customs and practices of host countries, report to the Ministry of Foreign Affairs;
d) To settle complaints, denunciation and handle administrative violations relating to settlement of civil status cases as prescribed by law;
e) To perform other tasks and exercise other powers as provided for by law.
2. Foreign affair officers, consular officers who perform civil status work have responsibility to help representative agencies in implementation of specfic tasks and powers as prescribed in clause 1 of this Article, except for denunciation settlement specified in point d, clause a of this Article.
Article 39. Tasks and powers of the Ministry of Public Security
The Ministry of Public Security shall perform the State management over marriage and family involving foreign elements as prescribed by law, having the following tasks and powers:
1. To direct and guide the Police Services of the provinces and centrally-run cities assume the prime responsibility for, and coordinate with the provincial Justice Services in verifying according to their specialized functions the requested matters in the dossiers of marriage registration as provided for in this Decree; to issue passports in time and create favorable conditions for Vietnamese citizens having their marriages registered, having been recognized as fathers, mothers or children to foreigners, to leave Vietnam when so requested.
2. To direct and take measures to prevent and combat activities of brokerage in marriage for the purpose of seeking profits, acts abusing the marriage, recognition of fathers, mothers, children to seek profits, traffic in, exploit the labor of, or sexually abuse, women and/or children as well as other acts of violating the legislation on marriage and family involving foreign elements.
3. To inspect, examine the observance of the legislation on marriage and family involving foreign elements according to the provisions of law.
4. To perform other tasks and exercise other powers as provided for by law.
Article 40. Tasks of the ministries, the ministerial-level agencies and the agencies attached to the Government
The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within the scope of their respective functions, tasks and powers, have to coordinate with the Ministry of Justice in performing the State management over marriage and family involving foreign elements.
Article 41. Tasks and powers of the provincial People’s Committees
1. The provincial-level People’s Committees shall perform the State management over marriage and family involving foreign elements in their respective localities, having the following tasks and powers:
a) To effect the registration of marriages which involve foreign elements, under the provisions of this Decree;
b) To disseminate and educate in the legislation on marriage and family involving foreign elements;
c) To make statistics, biannual and annual reports to the Ministry of Justice on the situation of registration of marriage, father, mother or child recognition as well as annotations in registers for marriage, recognition of fathers, mothers or children as prescribed by this Decree; and the situation of observance of the legislation on marriage and family involving foreign elements in their respective localities.
d) To ensure necessary conditions for the Woman’s Unions in provinces and centrally-run cities to establish Centers; facilitate for Centers to operate effectively; manage activities of Centers in their respective localities;
dd) To inspect and examine the observance of the legislation on marriage and family involving foreign elements in their respective localities; to settle complaints and denunciations and handle administrative violations on marriage and family involving foreign elements in acordance with law;
e) To perform other tasks and exercise other powers as provided for by law.
2. The provincial Justice Services shall assist the provincial-level People’s Committees in performing the State management over marriage and family involving foreign elements in the localities; registration for recognition of fathers, mothers, children; annotations in registers for marriage, recognition of fathers, mothers, children; perform specific tasks and exercise specific powers prescribed in this Decree.
Article 42. The participation on state management over marriage and family involving foreign elements of the Central Committeee of Vietnam Women’s Union
The Ministry of Justice, the ministries, the ministerial-level agencies and the agencies attached to the Government, the provincial People’s Committees shall ensure for the Central Committee of Vietnam Women’s Union in participation in the State management over marriage and family involving foreign elements as prescribed by law. The Central Committee of the Vietnam Women's Union participates in the State management over marriage and family involving foreign elements, having the following tasks and powers:
1. To establish Centers as prescribed in this Decree and implement management over activities of Centers.
2. To direct, guider the Woman’s Unions in provinces and centrally-run cities to establish Centers; and implement management over activities of Centers.
3. To direct, guide on organization and operation of Centers.
4. To coordinate with the Ministry of Justice in examination, inspection on organization and operation of Centers.
5. To perform other tasks and exercise other powers as provided for by law.
Tìm kiếm
Nghị định 24/2013/NĐ-CP (Bản Word)
Nghị định 24/2013/NĐ-CP (Bản Pdf)