Chương 8 Nghị định 68/2002/NĐ-CP: Điều khoản thi hành

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 79.- Application of this Decree to a number of special cases

1. The provisions of this Decree shall also apply to settle the registration of marriage, father, mother or child recognition and child adoption between Vietnamese citizens, either or both of them permanently residing abroad. In cases where Vietnamese citizens permanently residing overseas apply for the adoption of Vietnamese children, there shall be no restrictions on to be-adopted children as provided for in Clause 2, Article 36 of this Decree.

2. The provisions of this Decree on marriage shall also apply to the registration of marriage in Vietnam between foreigners permanently residing in Vietnam and foreigners not permanently residing in Vietnam or between foreigners not permanently residing in Vietnam, if they so request.

3. The provisions of this Decree on child adoption shall also apply to the registration of foreigners application for adoption of stateless children permanently residing in Vietnam, and stateless people’s application for adoption of Vietnamese children or stateless children permanently residing in Vietnam.

Article 80.- Papers required from stateless people, people with two or more foreign nationalities, Vietnamese citizens permanently residing overseas

1. Where this Decree fails to specify the papers issued by foreign competent agencies for use in the registration of foreigners marriages, father, mother or child recognition and/or child adoption, for the stateless people and people with two or more foreign nationalities, those papers shall be determined as follows:

a) For stateless people, they are papers issued by competent agencies of the countries where such persons permanently reside;

b) For people with two or more foreign nationalities, they are papers issued by competent bodies of the countries where they bear the nationalities and at the same time permanently reside; if such persons do not permanently reside in any of the countries which they bear the nationalities of, they are papers issued by competent bodies of the countries which such persons carry the passports of.

2. For Vietnamese citizens permanently residing abroad, the papers for use in the registration of marriage, father, mother or child recognition as well as child adoption shall be those issued by competent bodies of the countries where such persons permanently reside or by the Vietnamese diplomatic or consular offices in those countries.

Article 81.- Implementation effect

1. This Decree shall take implementation effect as from January 2, 2003 and replace the Government’s Decree No.184/CP of November 30, 1994 on procedures for marriage, recognition of out-of-wedlock children, child adoption or sponsorship between Vietnamese citizens and foreigners.

The dossiers of application for marriage, recognition of marriage, recognition of out-of-wedlock children, child adoption, the recognition of child adoption or sponsorship between Vietnamese citizens and foreigners, which have been received by Vietnam’s competent agencies before this Decree takes effect shall continue to be settled according to the provisions of Decree No.184/CP of November 30, 1994 of the Government.

To annul Decision No.142/2000/QD-TTg of December 11, 2000 of the Prime Minister, promulgating the Regulation on implementation of the Agreement on Cooperation in Child Adoption between the Socialist Republic of Vietnam and the Republic of France.

2. The Minister of Justice shall have to guide and organize the implementation of this Decree.

3. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.