Decree No. 68/2002 / ND-CP detailing the implementation of a number of articles of the Marriage and Family Law on marriage and family relations involving foreign elements

DECREE :

     Chapter 1:

GENERAL PROVISIONS

     Article 1. Scope

     This Decree details the implementation of a number of articles of the Marriage and Family Law regarding the marriage and family relations involving foreign elements, including marriage, recognition of fathers, mothers and / or children, and intercountry adoption. Vietnamese people with foreigners and between foreigners permanently residing in Vietnam; The recognition of marriage, divorce, recognition of fathers, mothers and / or children and child adoption between Vietnamese citizens or with foreigners has been carried out at the competent agency of the foreign country.

     Article 2.- Protection of marriage and family relations involving foreign elements

     1. In the Socialist Republic of Vietnam, the legitimate rights and interests of the parties in the marital relations, the parent-child relationship, the inter-country adoption relationship shall be established. or recognized in accordance with the provisions of the Marriage and Family Law and this Decree, shall be respected and protected in accordance with the laws of Vietnam and the international treaties which Vietnam has signed or acceded to.

     2. It is strictly forbidden to take advantage of the marriage, recognition of fathers, mothers or children or child adoption for the purpose of trafficking, labor exploitation or sexual assault against women and children or for self-seeking purposes. .

     It is strictly forbidden to conduct brokerage, marriage, father, mother and / or child adoption activities for profit-making purposes in any form.

     Article 3.- Competence in registration of marriage, recognition of fathers, mothers or children and child adoption

     1. The People's Committees of the provinces and cities directly under the Central Government (hereinafter called the provincial People's Committees) shall register the marriage, recognition of fathers, mothers or children and child adoption between Vietnamese citizens and foreigner; between foreigners permanently residing in Vietnam.

     2. The People's Committees of communes, wards and townships (hereinafter called the commune-level People's Committees) in the border regions shall register the marriage, recognition of fathers, mothers or children and child adoption among citizens. Vietnam permanently resides in the border regions with citizens of neighboring countries residing in the border regions of Vietnam according to the provisions of Chapter V of this Decree.

     3. Foreign diplomatic missions and consulates of Vietnam (hereinafter referred to as Vietnamese diplomatic or consular offices) shall register the marriage, recognition of fathers, mothers, children and rearing a child or a child or children adopted between a Vietnamese citizen residing overseas and a foreigner as provided for in this Decree if such registration is not contrary to the law of the host country.

     Article 4.- Application of international agreements

     In cases where the international treaties which the Socialist Republic of Vietnam has signed or acceded to contain provisions different from those of this Decree, the provisions of such international treaties shall apply.

     Article 5.- Application of foreign laws

     In cases where this Decree or other legal documents of Vietnam or international treaties which Vietnam has signed or acceded to refer to the application of foreign laws, foreign laws shall apply to marriage, recognition of father, mother or child and child adoption involving foreign elements, if the consequence of such application is not contrary to the principles of the Law on Marriage and the Family of Vietnam; In cases where the foreign laws refer back to Vietnamese law, the Vietnamese law on marriage and family shall apply.

     Article 6.- Request for consular legalization, notarization of translation of papers

     1. Papers issued by foreign agencies or organizations or notarized or authenticated overseas for use in marriage, recognition of fathers, mothers or children or child adoption under the provisions of this Decree must be Vietnamese diplomatic or consular offices or the Ministry for Foreign Affairs, except for the case specified in Clause 1, Article 67 of this Decree.

     Papers issued by foreign diplomatic missions and consular offices in Vietnam to citizens of that country for use in marriage, recognition of fathers, mothers or children and child adoption in Vietnam shall be exempt The consular legalization is based on the principle of reciprocity. Ministry of Foreign Affairs guiding the application of this principle.

     2. Papers prescribed in Clause 1 of this Article in foreign languages ​​must be translated into Vietnamese and the translations must be notarized under the provisions of Vietnamese law, except for cases prescribed in Clause 2, Article 67 of the Decree. This.

Article 7.- Filing of dossiers and notes on marriage, divorce, recognition of fathers, mothers or children and child adoption

     1. The dossiers of registration of marriage, recognition of fathers, mothers and / or children, child adoption, dossiers recording the marriage, divorce, recognition of fathers, mothers or children and child adoption must be preserved and archived according to regulations. The law on civil status registration and the law on archive.

     2. In cases where the registration or annotation in the marriage, maternity or child adoption registries falls under the competence of the provincial-level People's Committees, the latter shall, The Justice Service shall notify in writing the commune-level People's Committees of the localities where they permanently reside or temporarily reside for a definite term of Vietnamese citizens or the places of permanent residence of foreigners in Vietnam for monitoring and annotation. or annotated in civil status books of the commune-level People's Committees according to the provisions of law on civil status registration.

     3. The Vietnamese diplomatic or consular offices shall register the marriage, recognition of fathers, mothers or children and adopt children according to the provisions of this Decree into two original books (double registration) and have to save To file dossiers according to the provisions of Clause 1 of this Article; Periodically send 01 original book to the Ministry of Foreign Affairs for archival and issue copies according to the law provisions on civil status registration.

     Article 8. Fee

     Applicants for marriage registration, recognition of fathers, mothers and / or children, child adoption; Those who apply for marriage registration, divorce, recognition of fathers, mothers and / or children who have been raised at competent foreign agencies must pay civic status fees according to the provisions of law. .

     Article 9. Explanation of words

     In this Decree, the terms below are construed as follows:

     1. Foreigners are non-Vietnamese nationals, including foreign nationals and stateless persons.

     2. Foreigners permanently residing in Vietnam are foreign nationals and stateless persons who reside, earn their living and permanently reside in Vietnam.

     3. Foreign citizens are persons who have foreign nationality; A foreign national is a national of a country other than the Socialist Republic of Vietnam.

     4. Stateless persons are neither Vietnamese nationals nor foreign citizens.

     5. The border areas include Vietnam's communes, wards and townships with administrative boundaries adjoining the national land borderlines as provided for in Clause 1, Article 2 of Decree No. 34/2000 / ND. -CP of August 18, 2000 of the Government on the Regulation on land border areas of the Socialist Republic of Vietnam.

     6. The border areas with Vietnam include administrative units of the People's Republic of China, the Lao People's Democratic Republic and the Kingdom of Cambodia, equivalent to communes, wards and townships. of Vietnam, with administrative boundaries adjoining the national land border with Vietnam.