Chapter VI
STATE MANAGEMENT OVER MARRIAGE AND FAMILY INVOLVING FOREIGN ELEMENTS
Article 72.- Tasks and powers of the Ministry of Justice
1. The Ministry of Justice shall assist the Government in performing the State management over marriage and family involving foreign elements nationwide, having the following tasks and powers:
a) To draft and submit to the competent State bodies for promulgation or to promulgate according to its competence legal documents on marriage and family involving foreign elements;
b) To direct and guide the provincial-level People’s Committees and coordinate with the Ministry for Foreign Affairs in directing and guiding the Vietnamese diplomatic or consular offices in implementation of the law provisions on marriage and family involving foreign elements and the civil status registration operations; to disseminate and educate in the legislation on marriage and family involving foreign elements;
c) To grant permits for setting up foreign child adoption offices and manage their operations in Vietnam;
d) To issue forms of books and papers prescribed in this Decree;
e) 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 this Decree and other relevant law provisions;
f) To gather statistics on the registration of marriage, recognition of fathers, mothers or children, and child adoption, which involve foreign elements;
g) To annually report to the Government on the implementation of the legislation on marriage and family involving foreign elements;
h) To carry out international cooperation in the field of marriage and family involving foreign elements.
2. The International Child Adoption Agency of Vietnam under the Ministry of Justice shall have to assist the Justice Minister in performing the function of State management in the field of child adoption involving foreign elements and perform the tasks and exercise the powers in permitting foreigners to adopt Vietnamese children according to the provisions of this Decree.
Article 73.- Tasks and powers of the Ministry for Foreign Affairs
The Ministry for Foreign Affairs shall coordinate with the Ministry of Justice in performing the State management over the marriage and family involving foreign elements, having the following tasks and powers:
1. To direct the Vietnamese diplomatic and consular offices 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 Vietnamese diplomatic and consular offices in observing the regime of statistics and annual reports on the situation of registration of marriage, recognition of fathers, mothers or children and child adoption, which involve foreign elements and fall under their settling jurisdiction.
3. To diplomatically handle matters arising in the process of implementing the international agreements on marriage and family, which Vietnam has signed or acceded to.
4. To issue copies from the original books of marriage certificates, decisions on father, mother or child recognition, decisions on adoption of Vietnamese children according to the provisions of this Decree.
5. To perform other tasks and exercise other powers as provided for by law.
Article 74.- Tasks and powers of the Ministry of Public Security
The Ministry of Public Security shall coordinate with the Ministry of Justice in performing the function of State management over marriage and family involving foreign elements, having the following tasks and powers:
1. To direct and guide the Police Services of the provinces and centrally-run cities to coordinate with the provincial/municipal Justice Services in verifying according to their specialized functions the requested matters in the dossiers of marriage registration, the dossiers of to be-adopted children 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 or having been adopted to foreigners, to leave Vietnam when so requested.
2. To direct and take measures to prevent and combat acts of abusing the marriage and/or recommendation of children for adoption 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 coordinate with the Ministry of Justice in considering the granting of permits for setting up foreign child adoption offices in Vietnam according to the provisions of this Decree; in inspecting and examining the observance of the legislation on marriage and family involving foreign elements.
4. To perform other tasks and exercise other powers as provided for by law.
Article 75.- 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 76.- Tasks and powers of the provincial-level 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 marriage, father, mother or child recognition as well as child adoption, 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 among population;
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 child adoption and the situation of observance of the legislation on marriage and family involving foreign elements in their respective localities;
d) To manage the operations of the Marriage Support Centers and foreign child adoption offices in their respective provinces.
e) To inspect and examine the observance of the legislation on marriage and family involving foreign elements in their respective provinces; to settle complaints and denunciations and handle law violations in the field of marriage and family involving foreign elements according to the provisions of this Decree and other relevant law provisions.
f) To perform other tasks and exercise other powers as provided for by law.
2. The provincial/municipal 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; perform specific tasks and exercise specific powers prescribed in this Decree.
Tìm kiếm
Nghị định 68/2002/NĐ-CP (Bản Word)