Chapter V
REGISTRATION OF MARRIAGE, RECOGNITION OF FATHERS, MOTHERS OR CHILDREN, CHILD ADOPTION INVOLVING FOREIGN ELEMENTS IN BORDER REGIONS
Article 65.- Application scope
1. This Chapter prescribes the competence, order and procedures for registration of marriage, recognition of fathers, mothers or children and child adoption between Vietnamese citizens permanently residing in the border regions and citizens of neighboring countries permanently residing in regions bordering on Vietnam.
2. Where this Chapter does not give specific provisions, other provisions of this Decree shall apply to the settlement of the marriage, the recognition of fathers, mothers or children and the child adoption involving foreign elements in border regions.
Article 66.- Competence to register marriage, recognition of fathers, mothers or children, child adoption
The commune-level People’s Committees of the localities where Vietnamese citizens in border regions permanently reside shall effect the registration of marriage, recognition of fathers, mothers or children as well as child adoption 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 Vietnamese law provisions on civil status registration.
Article 67.- Exemption from consular legalization and notarization procedures
1. Papers issued or notarized, authenticated by agencies or organizations of neighboring countries therein for use in Vietnam in the marriage, the recognition of fathers, mothers or children or the child adoption in the border regions as provided for in this Chapter shall be exempt from consular legalization.
2. The papers prescribed in Clause 1 of this Article in the languages of neighboring countries must be translated into Vietnamese with the translators commitment on the correct translation of their contents and the translations thereof need not to be notarized.
Article 68.- Fees
The fee rates for registration of marriage, recognition of fathers, mothers or children and child adoption, which involve foreign elements in the border regions, shall be the same as the registration fee rates applicable to the marriage, the recognition of fathers, mothers or children and the child adoption between Vietnamese citizens in the country.
Article 69.- Marriage
1. Both marriage partners applying for their marriage registration must submit the following papers:
a) The Vietnamese citizens must submit the marriage registration declarations made according to set form;
b) Citizens of neighboring countries must submit the marriage registration declarations made according to set form with certification made within 6 months counting to the date of receiving the dossiers of the competent agencies of those neighboring countries that the involved persons are currently unmarried.
2. The papers prescribed in Clause 1 of this Article of each marriage partner must be compiled in two sets of dossiers and submitted at the commune-level People’s Committees of the localities where the Vietnamese citizens in the border regions permanently reside.
3. When submitting the dossiers, the marriage partners 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 issued by competent State bodies of the neighboring countries to their citizens permanently residing in regions bordering on Vietnam; in cases where such personal papers are not available, they must produce papers proving their permanent residence in regions bordering on Vietnam, together with their other personal papers, for inspection.
c) For people who had been married but divorced or people whose spouses have died or been declared dead, depending on each specific case, the involved parties shall also have to produce the legally effective judgments or decisions permitting their divorces or the certificates of their spouses death.
4. Within 15 days as from the date of receiving complete and valid dossiers and fees, the commune-level People’s Committees shall have to examine the dossiers and proceed with the posting up of the marriage notices for 7 consecutive days at their offices. After the dossier examination and the marriage posting up, the commune-level People’s Committees shall send official dispatches, enclosed with one set of marriage registration dossier, to the provincial/municipal Justice Services for comments.
5. Within 15 days as from the date of receiving the official dispatches of the commune-level People’s Committees, the provincial/municipal Justice Services shall consider the marriage registration dossiers and give their written replies to the former.
6. Within 7 days as from the date of receiving the opinions of the provincial/municipal Justice Services, the commune-level People’s Committees shall decide on the marriage registration and organize the marriage registration ceremony as for the cases of registration of marriage between Vietnamese citizens in the country according to the law provisions on civil status registration.
Article 70.- Recognition of fathers, mothers or children
1. A dossier on recognition of fathers, mothers or children shall comprise the following papers:
a) The application for recognition of father, mother or child, made according to set form;
b) Papers, documents or evidences (if any) proving the father- or mother- child relationship between the recognizer and the recognizee.
2. The papers prescribed in Clause 1 of this Article shall be compiled in two sets of dossiers and submitted to the commune-level People’s Committees of the localities of border permanent residence of the Vietnamese citizens recognized to be fathers, mothers or children. When submitting the dossiers, the involved persons must produce the papers prescribed at Points a and b, Clause 3, Article 69 of this Decree, for inspection.
3. Within 15 days as from the date of receiving the complete and valid dossiers and fees, the commune-level People’s Committees shall have to examine the dossiers and proceed with the posting up of the notices on the recognition of fathers, mothers or children for 7 consecutive days at their offices. After the dossier examination and the posting up of father, mother or child recognition notices, the commune-level People’s Committees shall send official dispatches, enclosed with one set of dossiers, to the provincial/municipal Justice Services for comments.
4. Within 15 days as from the date of receiving the official dispatches of the commune-level People’s Committees, the provincial/municipal Justice Services shall consider the dossiers on recognition of fathers, mothers or children and send written replies to the commune-level People’s Committees.
5. Within 7 days as from the date of receiving the opinions of the provincial/municipal Justice Services, the commune-level People’s Committees shall decide on the recognition of fathers, mothers or children and hand the decisions to the involved persons as for the cases of recognition of fathers, mothers or children between Vietnamese citizens in the country according to the law provisions on civil status registration.
Article 71.- Child adoption
1. Citizens of neighboring countries who permanently reside in regions bordering on Vietnam and wish to adopt Vietnamese children permanently residing in border regions must make written applications according to set form, with certification by competent bodies of those neighboring countries that the involved persons have all conditions to bring up the adopted children. If both the husband and the wife apply for child adoption, the applications must be signed by both the husband and the wife.
The applications must be enclosed with the papers of the children’s parents agreeing to let their children be adopted. Where one parent of such a child has died or been declared dead, or lose his or her civil act capacity, only the consent of the other parent is required. Where both parents of such child have died or been declared dead or lose their civil act capacity, there must be the written consent of such child’s guardian. In cases where the to be-adopted Vietnamese children aged full nine years or older, the written consents of such children are also required.
2. The papers prescribed in Clause 1 of this Article shall be compiled in two sets of dossier and submitted to the commune-level People’s Committees of the localities of border permanent residence of the to be-adopted Vietnamese children. When submitting the dossiers, the involved persons must produce the papers prescribed at Points a and b, Clause 3, Article 69 of this Decree for inspection.
3. Within 15 days as from the date of receiving the complete and valid dossiers, the commune-level People’s Committees shall have to examine the dossiers and proceed with the posting up of the child adoption notices for 7 consecutive days at their offices. After the examination of the dossiers and the posting up of the child adoption notices, the commune-level People’s Committees shall send official dispatches, enclosed with one set of dossier, to the provincial/municipal Justice Services for comments.
4. Within 30 days as from the date of receiving the official dispatches of the commune-level People’s Committees, the provincial/municipal Justice Services shall consider the child adoption dossiers and send written replies to the commune-level People’s Committees.
5. Within 7 days as from the date of receiving the opinions of the provincial/municipal Justice Services, the commune-level People’s Committees shall decide to permit the child adoption and proceed with the hand-over and reception of the adopted children as for the cases of registration of child adoption between Vietnamese citizens in the country according to the law provisions on civil status registration.
Tìm kiếm
Nghị định 68/2002/NĐ-CP (Bản Word)