Bản dịch văn bản 22/2013/TT-BTP
Circular 22/2013/TT-BTP
Cơ quan ban hành: Bộ Tư pháp
Ngày ban hành: 2013-12-31

CIRCULAR Detailing and guiding a number of articles of the Government’s Decree No. 24/2013/ND-CP of March 28, 2013, detailing a number of articles of the Law on Marriage and Family regarding foreign-involved marriage and family relations ________________________ Pursuant to the Government’s Decree No. 22/2013/ND-CP of March 13, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Justice; Pursuant to the Government’s Decree No. 24/2013/ND-CP of March 28, 2013, detailing a number of articles of the Law on Marriage and Family regarding foreign-involved marriage and family relations; At the proposal of the Director of the Bureau of Civil Status, Nationality and Authentication; The Minister of Justice promulgates the Circular detailing and guiding a number of articles of the Government’s Decree No. 24/2013/ND-CP of March 28, 2013, detailing a number of articles of the Law on Marriage and Family regarding foreign-involved marriage and family relations. Chapter I GENERAL PROVISIONS Article 1 . Scope of regulation and subjects of application 1. This Circular details Clause 3, Article 7, Clause 6, Article 15, and guides a number of provisions, of the Government’s Decree No. 24/2013/ND-CP of March 28, 2013, detailing a number of articles of the Law on Marriage and Family regarding foreign-involved marriage and family relations (below referred to as Decree No. 24/2013/ND-CP). 2. Decree No. 24/2013/ND-CP and this Circular apply to the settlement of marriage and recognition of parents and children involving foreign elements and the recording of such marriage and recognition, including marriage and recognition of parents and children between Vietnamese citizens who concurrently bear foreign citizenship and Vietnamese citizens or foreigners; the grant of marital status certificates to resident Vietnamese citizens for registration of marriage with foreigners at competent foreign agencies overseas; and the organization and operation of centers for counseling and support for foreign-involved marriage and family (below referred to as Center). 3. Decree No. 24/2013/ND-CP and this Circular do not apply to marriage and recognition of parents and children between Vietnamese citizens who are working, studying or traveling overseas for a definite term or between resident Vietnamese citizens. Article 2 . Validity of documents The documents specified at Points b and c, Clause 1, Article 7, and Point b, Clause 1, Article 27, of Decree No. 24/2013/ND-CP are valid when they are issued within 6 months by the date of submitting a complete and valid dossier. Article 3 . Grant of copies of civil status papers After settling marriage registration or parent and child recognition, the provincial-level Justice Department shall, based on the marriage registration register or parent and child recognition registration register, grant copies of the marriage certificate or the decision recognizing parent and child recognition to the involved parties at their request. These copies shall be signed by the Justice Department director or a person authorized by the former, and affixed with the provincial-level Justice Department’s seal. Article 4 . Termination of settlement of dossiers of marriage registration or parent and child recognition; grant of marital status certificates; and recording of marriage and parent and child recognition already settled by competent foreign agencies The settlement of a dossier of marriage registration or parent and child recognition; grant of a marital status certificate; or recording of a marriage or parent and child recognition already settled by a competent foreign agency, shall terminate immediately at the written request of a partner of the marriage, the party recognizing or recognized as a parent or child, or the person requesting the grant of the marital status certificate, or recording of the marriage or parent and child recognition. Article 5 . Responsibility to notify results of settlement of dossiers of marriage and parent and child recognition; recording of marriage and parent and child recognition 1. After conferring a marriage certificate to a couple or recording the marriage of a Vietnamese citizen already settled by a competent foreign agency overseas, the provincial-level Justice Department shall notify such in writing to the commune-level People’s Committee which granted the marital status certificate to the Vietnamese citizen for recording in the register of grant of marital status certificates. 2. In case of refusing marriage registration under Article 12 of Decree No. 24/2013/ND-CP or terminating the settlement of a marriage registration dossier under Article 4 of this Circular, the provincial-level Justice Department shall notify such in writing to the commune-level People’s Committee of the locality where the Vietnamese citizen resides for recording in the register of grant of marital status certificates. 3. After conferring a decision recognizing parent and child recognition to the involved parties or recording the parent and child recognition by a Vietnamese citizen already settled by a competent foreign agency, the provincial-level Justice Department shall notify such in writing to the commune-level People’s Committee of the declared birth place of the child being Vietnamese citizen, for recording in the birth declaration registration register. 4. For a Vietnamese citizen permanently residing overseas who is granted a marital status certificate by a Vietnamese overseas diplomatic mission, consular representative agency or another agency authorized to perfxorm the consular function (below referred to as representative mission), after registering the marriage, the provincial-level Justice Department shall send a notice to the Consular Department of the Ministry of Foreign Affairs for notification to the representative mission for recording in the register of grant of marital status certificates. Chapter II GUIDANCE ON MARRIAGE REGISTRATION PROCEDURES Article 6 . Marriage registration dossiers A marriage registration dossier is prescribed in Article 7 of Decree No. 24/2013/ND-CP and guided as follows: 1. Marriage registration declaration Each partner shall make a marriage registration declaration (according to a set form), write his/her information; and clearly write the declarant’s full name. In case both partners are present when submitting the dossier, only 1 (one) marriage registration declaration is required, which contains information of both partners and their full names. If the marriage registration declaration contains a competent Vietnamese agency’s certification of the involved person’s marital status, the marital status certificate is not required. If the marital status certificate is available, certification in the marriage registration declaration is not required. 2. Paper proving the marital status a/ A Vietnamese citizen who resides overseas without bearing a foreign citizenship shall submit a marital status certificate granted by the representative mission in the country where he/she resides or a paper proving the marital status granted by a competent foreign agency of the country where he/she resides. b/ A Vietnamese citizen who resides overseas and concurrently bears a foreign citizenship shall submit a paper proving his/her marital status granted by a competent agency of the country of his/her citizenship and the marital status certificate granted by a competent Vietnamese agency. c/ A stateless person who permanently resides in Vietnam shall submit his/her marital status certificate granted by the commune-level People’s Committee of the locality where he/she resides. 3. Certificate of eligibility for marriage A non-resident foreigner in Vietnam shall, in addition to the paper proving his/her marital status granted by a competent agency of the country of his/her citizenship or residence, submit a certificate of eligibility for marriage under the law of that country, unless the law of that country does not provide the grant of this kind of certificate. 4. Certificate of receipt of foreign-involved marriage and family counseling and support for Vietnamese citizen a/ A certificate of a Vietnamese citizen’s receipt of foreign-involved marriage and family counseling and support granted by a Center (below referred a Center’s certificate) to a Vietnamese citizen for inclusion in the marriage registration dossier in the cases specified at Point b, Clause 4 of this Article. b/ A Center’s counseling and support are required for a marriage between a Vietnamese citizen and a foreigner which falls in one of the following cases: - The age gap between the two partners is 20 years or more; - The foreigner gets married for the third time or he/she married and divorced a Vietnamese citizen; - The two partners do not understand the family and personal backgrounds of each other; or the language, customs and practices, culture and law on marriage and family of each country. c/ In case the Vietnamese citizen is good at the foreigner’s language or the foreigner is good at Vietnamese and the result of the interview at the provincial-level Justice Department shows that the two partners understand the family and personal backgrounds of each other as well the language, customs, practices, culture and law on marriage and family of each country, a Center’s certificate is not required. Article 7. Order of settlement of marriage registration dossiers The order of settling a marriage registration dossier is prescribed in Article 10 of Decree No. 24/2013/ND-CP and guided as follows: 1. A partner who, for a plausible reason, cannot be present for an interview on the notified date shall make a written request to change the date of the interview, clearly stating the reason for his/her absence. The next interview must be held within 30 days after the date of the previously planned and this duration is not included in the time limit for settlement of the marriage registration dossier. 2. At the interview, the provincial-level Justice Department officer shall check the partners’ voluntariness and purpose for their marriage and their understanding about their partner’s family and personal backgrounds and the language, customs, practices, culture and law on marriage and family of the country or territory of residence of their partner. 3. At the interview, if detecting an interviewee’s abnormal mental signs or inability to control his/her acts, the provincial-level Justice Department officer shall request examination at a Vietnamese mental clinic for that person. 4. In case of seeing that a marriage is related to national security or social order and safety, or shows signs of illegal immigration, human trafficking, illegal marriage brokerage, sham marriage for leaving the country or self-seeking purpose, or other matters relating to the functions of public security agencies, the provincial-level Justice Department shall send to the public security agency of the same level an official request for verification together with a copy of the marriage registration dossier. Past the time limit for verification specified in Clause 2, Article 10 of Decree No. 24/2013/ND-CP, if the public security agency fails to give a written reply, the provincial-level Justice Department shall finalize and submit the dossier to the provincial-level People’s Committee chairperson for consideration and decision, clearly stating the matter requested for the public security agency’s verification. Article 8 . Organization of marriage registration ceremonies The organization of a marriage registration ceremony is prescribed in Article 11 of Decree No. 24/2013/ND-CP and guided as follows: 1. When a marriage registration ceremony is held, both partners must be present and produce their identity cards, passports or valid substitute papers such as laissez-passer card or residence card. 2. In case both partners cannot be present at the marriage registration ceremony on the date set by the provincial-level Justice Department for a plausible reason, they shall send to the provincial-level Justice Department a written request for extension of the time for holding the marriage registration ceremony, clearly stating the reason for their absence. 3. If the partners are not present for a marriage registration ceremony 90 days after the provincial-level People’s Committee chairperson signs their marriage certificate, the provincial-level Justice Department shall report such in writing to the provincial-level People’s Committee chairperson, record the partners’ absence for the marriage registration ceremony in the marriage certificate and file the dossier. This marriage certificate will have no legal validity. If the partners later request organization of a marriage registration ceremony, they shall carry out marriage registration procedures again. Chapter III GUIDANCE ON PROCEDURES FOR GRANT OF MARITAL STATUS CERTIFICATES TO RESIDENT VIETNAMESE CITIZENS FOR REGISTRATION OF MARRIAGE WITH FOREIGNERS AT COMPETENT FOREIGN AGENCIES OVERSEAS Article 9 . Examination and verification of dossiers for grant of marital status certificates The order of examining and verifying dossiers for grant of marital status certificates for resident Vietnamese citizens for registration of marriage with foreigners at competent foreign agencies overseas is prescribed in Article 15 of Decree No. 24/2013/ND-CP and guided as follows: 1. Within 2 working days after receiving a complete and valid dossier and a fee, the commune-level People’s Committee shall examine the personal identification details and marital status of the applicant for a marital status certificate and send the dossier to the provincial-level Justice Department together with a report on examination results clearly stating matters to be consulted. 2. The provincial-level Justice Department shall examine the validity and completeness of the dossier for grant of a marital status certificate. When it is required to clarify the personal identification details, marital status and marriage conditions and purpose of the applicant for the marital status certificate, the provincial-level Justice Department shall conduct verification. If the provincial-level Justice Department’s office is far from the place of residence of the applicant for the marital status certificate, the provincial-level Justice Department may ask the district-level Justice Division to conduct verification. Right after receiving the provincial-level Justice Department’s request, the district-level Justice Division shall conduct verification and report results to the former. Article 10 . Interview of applicants for marital status certificates The order of interviewing an applicant for a marital status certificate for marriage registration at a competent foreign agency overseas is prescribed in Clause 6, Article 15 of Decree No. 24/2013/ND-CP and guided as follows: 1. The provincial-level Justice Department shall assign an officer to interview an applicant for a marital status certificate. When interviewing, the provincial-level Justice Department officer should clarify the voluntariness and purpose of marriage of the Vietnamese citizen; his/her understanding about the family and personal backgrounds of his/her foreign partner, and the language, customs, practices, culture and law on marriage and family of the country or territory of residence of that foreigner. 2. The provincial-level Justice Department shall request the foreign partner to come to Vietnam for an interview if the results of examination, verification and interview of the Vietnamese citizen show that: a/ The age gap between the two partners is 20 years or more; b/ The foreigner gets married for the third time or he/she married and divorced a Vietnamese citizen; c/ The Vietnamese citizen does not understand the family and personal backgrounds of the foreigner; or the language, customs and practices, culture and law on marriage and family of the country or territory of residence of the foreigner; or d/ The applicant for the marital status certificate notifies that he/she will not be present for marriage registration at a competent foreign agency overseas. 3. The interview result shall be recorded in writing and signed by the interviewer and interviewee. Article 11 . Refusal to grant marital status certificates The commune-level People’s Committee may refuse to grant a marital status certificate in one of the following cases: 1. A Vietnamese citizen applies for a marital status certificate for marriage with a foreigner at a Vietnam-based foreign diplomatic mission or consular representative agency. 2. The examination and verification result shows that a partner’s actual marital status is not as declared in the dossier; or a partner is ineligible for marriage under the Law on Marriage and Family. 3. The interview result shows that the two partners do not understand the family and personal backgrounds of each other; or the language, customs, practices, culture and law on marriage and family of each country. 4. The partners get married neither voluntarily nor for the purpose of building a prosperous, equal, progressive, happy and sustainable family. 5. The marriage is arranged through illegal brokerage. 6. The marriage is for leaving the country, profit-seeking or other self-seeking purposes. Chapter IV GUIDANCE ON PROCEDURES FOR RECORDING MARRIAGES OF VIETNAMESE CITIZENS SETTLED BY COMPETENT FOREIGN AGENCIES OVERSEAS Article 12 . Dossiers for recording marriages A dossier for recording a marriage is prescribed in Clause 2, Article 17 of Decree No. 24/2013/ND-CP and guided as follows: 1. The applicant for recording of a marriage shall submit copies of papers proving the personal identifications of the partners. 2. For a marriage certificate granted by a competent foreign agency which contains information on the paper proving personal identification (for example: passport), copies of that paper must be submitted. Article 13 . Order of settling dossiers for recording marriages of resident Vietnamese citizens at the time of marriage The order and procedures for settling a dossier for recording the marriage of a resident Vietnamese citizen at the time of marriage are prescribed in Article 17 of Decree No. 24/2013/ND-CP and guided as follows: 1. After receiving a dossier, the provincial-level Justice Department shall examine documents in the dossier and compare them with the dossier for grant of a marital status certificate to that citizen. If finding the grant of the marital status certificate conforms with the prescribed order and procedures and the marriage satisfies the conditions specified in Clause 1, Article 16 of Decree No. 24/2013/ND-CP, it shall record the marriage. For a Vietnamese citizen who is granted a marital status certificate in another province, the provincial-level Justice Department shall send a written request for examination and comparison to the provincial-level Justice Department which gave opinions about the grant of the marital status certificate. If the grant of the marital status certificate conforms with the prescribed order and procedures and the marriage satisfies the conditions specified in Clause 1, Article 16 of Decree No. 24/2013/ND-CP, it shall record the marriage. 2. In case the grant of a marital status certificate fails to conform with the prescribed order and procedures, the provincial-level Justice Department shall conduct verification. If the verification result shows that the involved person is eligible for marriage (at the time of request for grant of a marital status certificate) and the Vietnamese citizen’s certified marital status is true, the provincial-level Justice Department shall record the marriage and grant a certificate to the involved person. After recording the marriage, the provincial-level Justice Department shall notify such in writing to the commune-level People’s Committee which granted the marital status certificate for correction and handling under regulations. Article 14 . Refusal to record marriage The provincial-level Justice Department may refuse to record the marriage of a Vietnamese citizen which has been settled by a competent foreign agency overseas in one of the following cases: 1. The marriage fails to satisfy the conditions specified in Clause 1, Article 16 of Decree No. 24/2013/ND-CP. 2. Tampered, modified or erased papers are used to carry out the procedures for grant of the marital status certificate, marriage or recording of the marriage; 3. The commune-level People’s Committee fails to consult the provincial-level Justice Department before granting the marital status certificate to the citizen under Article 15 of Decree No. 24/2013/ND-CP and concurrently the Vietnamese citizen is ineligible for marriage (at the time of request for grant of the marital status certificate) or his/her marital status has been certified incorrectly. Chapter V GUIDANCE ON PROCEDURES FOR PARENT AND CHILD RECOGNITION Article 15 . Order of settlement of parent and child recognition The order of settling the parent and child recognition is prescribed in Article 22 of Decree No. 24/2013/ND-CP and guided as follows: 1. The posted document on parent and child recognition must contain the following information: full names, gender, birth dates, places of residence, numbers of identity cards or passports (if any) of the recognizing and recognized parent and child; and the time of registration of parent and child recognition at the provincial-level Justice Department. 2. After receiving a complete and valid dossier, if the recognizing or recognized parent or child dies, the provincial-level Justice Department shall continue settling the parent and child recognition under regulations. If both persons die, it shall terminate the settlement of the parent and child recognition dossier. 3. If a dispute, complaint or denunciation about the parent and child recognition arises in the course of settling a dossier, the provincial-level Justice Department shall suspend the dossier settlement and guide the involved parties to carry out procedures for requesting a competent People’s Court to settle that dispute according to legal proceedings or request a competent agency to settle that complaint or denunciation. 4. In case the recognizing or recognized party or both parties cannot be present for a plausible reason to receive the decision on parent and child recognition at the time set by the provincial-level Justice Department, they shall send to the provincial-level Justice Department a written request for change of the time to receive the decision, clearly stating the reason for their absence. A decision on parent and child recognition is valid on the date it is signed by the provincial-level Justice Department director. Article 16. Parent and child recognition together with birth registration In the course of settling parent and child recognition under Article 22 of Decree No. 24/2013/ND-CP, if the child’s birth has not been registered, the parent and child recognition may be combined with the child’s birth registration as follows: 1. If the provincial-level Justice Department is competent to settle birth registration, it shall combine the settlement of parent and child recognition with birth registration. The birth certification (or a substitute paper) and the birth registration declaration may replace the birth certificate in the dossier of registration for parent and child recognition. 2. If the commune-level People’s Committee is competent to settle birth registration, the provincial-level Justice Department shall settle parent and child recognition first. The birth certification (or a substitute paper) and the birth registration declaration may replace the birth certificate in the dossier of registration for parent and child recognition. After settling the parent and child recognition, the provincial-level Justice Department shall send a notice together with a copy of the decision recognizing the parent and child recognition, the birth certification (or a substitute paper) and the birth registration declaration to the commune-level People’s Committee for registration of the child’s birth. Chapter VI GUIDANCE ON ORGANIZATION AND OPERATION OF CENTERS Article 17 . Conditions for establishment of Centers The conditions for establishment of a Center are prescribed in Article 31 of Decree No. 24/2013/ND-CP and guided as follows: 1. The place of operation of the Center, which may be separate from the place for opening classes for counseling and support, must ensure the area and working facilities suitable to the practical situation of each locality. 2. The Center must have at least 1 full-time counselor and may employ counseling and support collaborators who are specialists in language, culture, society and law. Article 18 . Powers and obligations of Centers The powers and obligations of a Center are prescribed in Article 33 of Decree No. 24/2013/ND-CP and guided as follows: 1. When a person requests counseling and support, a Center shall: a/ Receive such request; b/ Arrange an appropriate place and specialist to give counseling and support; c/ Grant its counseling and supporting certificate for inclusion in the marriage dossier under Clause 4, Article 6 of this Circular. 2. A Center may provide counseling and support for all persons at their request, regardless of their citizenships and places of residence. 3. A Center may reach agreement with the requester on the time for counseling and support and shall grant its certificate immediately after completing its counseling and support without organizing an exam or a test. 4. A marriage support center which was established under the Government’s Decree No. 68/2002/ND-CP of July 10, 2002, detailing a number of articles of the Law on Marriage and Family regarding foreign-involved marriage and family relations, and has not changed its name and organization and operation model under Decree No. 24/2013/ND-CP, may only provide counseling and support and grant certificates under Clauses 1 and 3 of this Article, and may not carry out the activities specified at Points g and h, Clause 1, Article 33 of Decree No. 24/2013/ND-CP. Chapter VII IMPLEMENTATION PROVISIONS Article 19 . Effect 1. This Circular takes effect on February 17, 2014. 2. Pursuant to Decree No. 24/2013/ND-CP and this Circular and based on practical local situations, provincial-level Justice Departments may coordinate with related departments, divisions and sectors in proposing provincial-level People’s Committee chairpersons to issue a coordination regulation in order to increase the state management role and properly settle foreign-involved marriage and family matters in their localities. 3. Provincial-level People’s Committees and Justice Departments should promptly report any problems arising in the course of implementation to the Ministry of Justice for guidance.-