Directive No. 02/2003/CT-BTP on continuing to register marriages for male and female couples living together as husband and wife from January 3, 1987 to January 1, 2001.

 DIRECTIVE

Regarding the continued registration of marriage for cases where males and females have been living together as husband and wife from January 3 to January 1, 2001

Implementing Point b, Section 3 Resolution No. 35/2000/QH10 dated June 9, 2000 of the National Assembly on the implementation of the Marriage and Family Law 2000, Decree No. 77/2001/NĐ-CP dated October 22, 2001 of the Government detailing the registration of marriage pursuant to Resolution No. 35/2000/QH10, in the past period, with the attention and guidance of various levels of the Party and government, the efforts and dedication of local judicial agencies, and the active participation of mass organizations, good work has been done in propaganda and mobilization of the people, as well as implementing various forms of marriage registration such as organizing marriage registration days, mobile registration at villages, communes, wards... Therefore, a review has been conducted, lists have been compiled, and marriage registration has been completed for the majority of cases where males and females have been living together as husband and wife from January 3, 1987 to January 1, 2001, who meet the conditions for marriage.

However, due to the large number of cases that need to be registered according to Section 3 of Resolution No. 35/2000/QH10, some localities have not been sufficiently proactive, so up to now, there are still many cases that have been reviewed and listed but have not yet been registered for marriage. To strengthen state management in the field of marriage registration and ensure the legitimate rights and interests of citizens, especially those of women and children, the Government issued Circular No. 520/CP-TTr dated April 28, 2003 proposing the National Assembly to extend the deadline for implementing Point b, Section 3 of Resolution No. 35/2000/QH10. On April 29, 2003, the Standing Committee of the National Assembly issued Conclusion No. 84a/UBTVQH11 on this issue. To promptly implement the continued registration of marriage according to Point 2 of the Standing Committee's Conclusion, the Minister of Justice issues the following directive:

1. Agencies and units with authority mentioned in this Directive, within their functions, tasks, and powers, shall focus on completing the registration of marriage for cases where males and females have been living together as husband and wife from January 3, 1987 to January 1, 2001, who meet the conditions for marriage as stipulated in the Marriage and Family Law 2000 and have applied for marriage registration (already reviewed and listed) but have not yet received a Certificate of Marriage Registration within the time limit specified in Point b, Section 3 of Resolution No. 35/2000/QH10. For these cases, the registration of marriage will still be carried out according to the procedures prescribed in Decree No. 77/2001/NĐ-CP dated October 22, 2001 of the Government, and their marital relationship will be recognized by law from the actual date they began cohabiting.

Cases where males and females have been living together as husband and wife from January 3, 1987 to January 1, 2001, who meet the conditions for marriage as stipulated in the Marriage and Family Law 2000 but have not applied for marriage registration within the time limit specified in Point b, Section 3 of Resolution No. 35/2000/QH10, were not reviewed and listed before January 1, 2003, and now voluntarily apply for marriage registration shall still be encouraged and facilitated to register for marriage. The registration of marriage for these cases will be carried out according to the procedures prescribed in Decree No. 83/1998/NĐ-CP dated October 10, 1998 of the Government on civil status registration, and their marital relationship will only be recognized by law from the date of registration of marriage.

2. People's Committees of provinces and centrally governed cities (hereinafter referred to as Provincial People's Committees) shall concentrate on directing, inspecting, and urging People's Committees and local judicial agencies at all levels to complete the registration of marriage for cases where males and females have been living together as husband and wife and have applied for marriage registration (already reviewed and listed). For cases where the marriage registration files are clear, both male and female parties meet the conditions for marriage, then complete their marriage registration in 2003. For complex cases requiring verification or seeking instructions from higher authorities, efforts should be made to complete the marriage registration before August 1, 2004.

Provincial People's Committees shall recognize this as an important task, allocate funds and create other favorable conditions to complete the registration of marriage for the aforementioned cases.

Localities that have established Marriage Registration Steering Committees under Resolution No. 35/2000/QH10 shall continue to maintain and enhance the activities of these Committees. For localities that have not established Marriage Registration Steering Committees but still have many actual marriage cases pending, Provincial People's Committees shall urgently establish Marriage Registration Steering Committees at provincial and district levels. The Steering Committee shall be headed by a leader of the People's Committee, with the head of the judicial agency serving as the permanent deputy head, and representatives from relevant agencies such as the Vietnam Fatherland Front, the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union, and the Vietnam Farmers' Association at the same level serving as members.

3. Local judicial agencies shall focus on performing the following tasks:

3.1. Departments of Justice of provinces and centrally governed cities shall have the following responsibilities:

a) Develop a plan clearly stating the progress and necessary measures to resolve the issue of actual marriage registration in the locality, submit it to the Provincial People's Committee for approval before September 1, 2003, and send the Plan to the Ministry of Justice for reporting after approval;

b) Serve as the core force in helping the provincial Steering Committee mobilize judicial forces; closely coordinate with the Vietnam Fatherland Front, the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union, the Vietnam Farmers' Association, and relevant agencies to organize volunteer forces to support People's Committees at village, ward, and town levels (hereinafter referred to as Village People's Committees) in implementing the marriage registration plan for the aforementioned cases;

c) Guide, direct, urge, and inspect local judicial agencies at all levels in the registration of marriage;

d) Coordinate with local mass media agencies to promote and disseminate laws on marriage and family in general and the registration of marriages pursuant to Resolution No. 35/2000/QH10 in particular;

đ) Report periodically every quarter to the Provincial People's Committee and the Ministry of Justice on the implementation of marriage registration in the locality and reflect any difficulties, obstacles, and recommendations (if any);

3.2. The Judicial Departments of counties, districts, towns, and provincial cities shall have the responsibility:

a) Based on the provincial or city-wide plan, promptly develop a detailed plan for marriage registration specifying the progress of registration in each commune, ward, and town within their jurisdiction;

b) Accept assistance forces from higher levels (if available) and organize judicial officers and civil registry staff throughout the county or district, and directly involve volunteer forces in each commune, ward, and town with many actual marriage cases to help the Commune People's Committees resolve the marriage registration issues thoroughly at each location;

c) Coordinate with local mass media agencies to promote and disseminate the policy of marriage registration to each household and individual;

d) Directly address any arising issues during the assistance to the Commune People's Committees in marriage registration. For complex issues, timely report and seek opinions from the provincial Steering Committee and the Department of Justice;

đ) Report periodically every quarter on the implementation of marriage registration to the provincial Steering Committee through the Department of Justice;

For localities where the Judicial Department has been integrated into the People's Committee Office at the county level, the People's Committee Office at the county level shall be responsible for implementing the tasks specified herein;

3.3. The Judicial Offices of communes, wards, and towns shall have the responsibility:

a) Organize propaganda and mobilize the people to register marriages;

b) Serve as the core force assisting the Commune People's Committees in marriage registration;

c) Assist the Commune People's Committees in compiling data and reporting to the County People's Committee;

4. The Administrative Justice Division shall be responsible:

a) Concentrate on directing and urging local judicial agencies to complete the registration of marriages thoroughly;

b) Promptly guide and resolve any arising issues during the implementation process;

c) Organize inspection teams to check marriage registration in key localities;

d) Report periodically every six months to the Minister of Justice on the situation and results of implementing marriage registration pursuant to Resolution No. 35/2000/QH10 nationwide;

5. The Legal Aid Bureau shall be responsible for directing legal aid centers in provinces and centrally-administered cities to coordinate with the civil registry management units of the Department of Justice to concentrate resources to assist competent authorities at the local level in completing the marriage registration as stipulated in Point 1 of this Directive. Consider this as one of the key tasks of legal aid work and focus on grassroots efforts in 2003 and 2004;

6. The Organization and Cadre Affairs Division shall take the lead, coordinating with the Administrative Justice Division and relevant units to develop and implement a plan to send civil servants required to undergo practical training at the grassroots level and voluntary cadres and civil servants from the Ministry of Justice to assist some mountainous, remote, and difficult areas with many actual marriage cases;

7. The Hanoi Law University shall cooperate with the Justice Departments of Lai Chau, Ha Giang, Yen Bai, Thanh Hoa provinces and other relevant localities to organize student volunteer teams to visit villages, hamlets, and towns at appropriate times to assist with marriage registration in the locality;

8. The Popularization and Legal Education Division shall be responsible for coordinating with the Legal Newspaper of the Ministry of Justice and central mass media agencies to organize a campaign to promote and disseminate laws on marriage and family as well as state policies to encourage couples living together as husband and wife to actively complete their marriage registration;

9. Units under the Ministry of Justice assigned to oversee and monitor competition activities in the legal sector at the local level shall urge and remind local judicial agencies within their assigned scope to complete the marriage registration according to this Directive;

10. The registration of marriages for the actual marriage cases mentioned above must be completed before August 1, 2004, to organize a national conference to conclude the marriage registration at the end of 2004;

On the basis of the responsibilities set out above, Directors of Justice Departments, Heads of units under the Ministry of Justice, and related agencies, units, and individuals shall strictly grasp and actively implement this Directive. Consider the completion of marriage registration according to this Directive as one of the criteria for competition assessment in 2003 and 2004 for related units and individuals and as the basis for recommending commendation to competent authorities for units and individuals with outstanding achievements in marriage registration work;

Directors of Justice Departments shall be responsible for implementing this Directive in their respective localities before the Minister of Justice and the Chairman of the Provincial People's Committee. In the course of implementation, if there are difficulties or obstacles, the Justice Departments are requested to promptly reflect them to the Ministry of Justice (Administrative Justice Division) for guidance./.