Circular No. 02a/2015/TT-BTP guiding the implementation of certain articles of Decree No. 126/2014/NĐ-CP dated December 31, 2014 of the Government detailing some provisions and measures to implement the Law on Marriage and Family regarding marriage and family relations involving foreign elements.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 126/2014/NĐ-CP dated December 31, 2014

of the Government detailing certain provisions and measures to implement the Law on Marriage and Family

concerning marriage and family relations involving foreign elements

__________________

Pursuant to Decree No. 06/2012/NĐ-CP dated February 2, 2012 of the Government amending and supplementing certain articles of decrees on civil status, marriage and family, and notarization;

Pursuant to Decree No. 06/2012/NĐ-CP dated February 2, 2012 of the Government amending and supplementing some articles of decrees on household registration, marriage, and family, and notarization;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 126/2014/NĐ-CP dated December 31, 2014 of the Government detailing certain provisions and measures to implement the Law on Marriage and Family;

At the proposal of the Director of the Department of Household Registration, Nationality, and Notarization;

The Minister of Justice issues this Circular guiding the implementation of certain provisions of Decree No. 126/2014/NĐ-CP dated December 31, 2014 of the Government detailing certain provisions and measures to implement the Law on Marriage and Family concerning marriage and family relations involving foreign elements.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular guides the implementation of certain provisions of Decree No. 126/2014/NĐ-CP dated December 31, 2014 of the Government detailing certain provisions and measures to implement the Law on Marriage and Family (hereinafter referred to as Decree No. 126/2014/NĐ-CP) concerning: procedures for registering marriage, acknowledgment of parentage with foreign elements; recording in the household register the marriage, acknowledgment of parentage of Vietnamese citizens already resolved by competent authorities abroad (hereinafter referred to as recording in the register the marriage, recording in the register the acknowledgment of parentage); issuing Certificate of Marital Status for Vietnamese citizens residing in Vietnam to marry foreigners at competent authorities abroad (hereinafter referred to as issuing Certificate of Marital Status); recording in the household register divorce, annulment of illegal marriage resolved abroad (hereinafter referred to as recording in the register the divorce); organization and operation of Centers for counseling and supporting marriage and family with foreign elements (hereinafter referred to as Centers); amending and promulgating some household registration forms used to resolve household registration with foreign elements.

Article 2. Registration of marriage, acknowledgment of parentage between Vietnamese citizens holding foreign nationality and Vietnamese citizens or foreigners shall be carried out in accordance with the provisions of Decree No. 126/2014/NĐ-CP and the provisions of this Circular.

Article 3. The provisions of this Circular do not apply to marriage, acknowledgment of parentage between Vietnamese citizens working, studying, laboring, or traveling temporarily abroad with each other or with Vietnamese citizens residing in Vietnam.

Article 2. Issuance of Copies of Household Registration Documents

After resolving the registration of marriage, acknowledgment of parentage with foreign elements, if the parties involved request copies of the Marriage Certificate, Decision Recognizing Acknowledgment of Parentage, the Department of Justice shall issue copies based on the Marriage Register, Acknowledgment of Parentage Register. The copies shall be signed by the Director of the Department of Justice or a person authorized by the Director and stamped with the seal of the Department of Justice.

Article 3. Calculation of Time Limits in the Procedure for Issuing Certificate of Marital Status, Registering Marriage, Recording Marriage in the Register, Recording Divorce in the Register

The time for sending requests for opinions and responses between the People's Committee of communes, towns, wards (hereinafter referred to as the People's Committee at the commune level) and the Department of Justice when processing applications for issuance of Certificate of Marital Status; the time for sending requests for opinions and responses between the Department of Justice and the Ministry of Justice when processing applications for recording divorce in the register; the time for postponing interviews as stipulated in Clause 2, Article 7, Clause 2, Article 9; the time for sending requests for verification and notifications of verification results between the Department of Justice and the Justice Office as stipulated in Clause 1, Article 9; the time for sending requests for inspection and notifications of inspection results between Departments of Justice as stipulated in Clause 1, Article 10 of this Circular shall not be counted towards the time limit for processing applications.

Article 4. Suspension of the processing of marriage registration files, acknowledgment of parentage files involving foreign elements; issuance of Marriage Status Certificates; recording of marriages; recording of acknowledgment of parentage

In cases where, before the civil status registration authority organizes the Marriage Registration Ceremony; before acknowledging the Decision recognizing the acknowledgment of parentage; before issuing the Marriage Status Certificate, recording of marriage in the register, recording of acknowledgment of parentage in the register, the person requesting has submitted a written request to terminate the file processing, the civil status registration authority shall suspend the file processing and notify the person requesting in writing.

If subsequently, the party again requests continued processing, they must start the procedures from the beginning.

Article 5. Responsibility for notifying the results of the processing of marriage registration files, acknowledgment of parentage files involving foreign elements; recording of marriages; recording of acknowledgment of parentage

1. After delivering the Marriage Certificate to both male and female parties; recording of marriage in the register, the Department of Justice shall issue a notification in writing to the People's Committee of the commune where the Marriage Status Certificate was issued for Vietnamese citizens to make a note in the Register of Issuance of Marriage Status Certificates.

2. After refusing to register the marriage according to Article 26 of Decree No. 126/2014/NĐ-CP, suspending the processing of the marriage registration file according to Article 4 of this Circular, the Department of Justice shall issue a notification in writing to the People's Committee of the commune where the Vietnamese citizen resides to make a note in the Register of Issuance of Marriage Status Certificates.

3. After delivering the Decision recognizing the acknowledgment of parentage to all parties; recording of acknowledgment of parentage in the register, the Department of Justice shall issue a notification in writing to the People's Committee of the commune where the birth registration of the child who is a Vietnamese citizen was registered to make a note in the Birth Registration Register.

4. In cases where Vietnamese citizens residing abroad have been issued a Marriage Status Certificate by diplomatic missions, consular offices, and other agencies authorized to perform consular functions of Vietnam abroad (hereinafter referred to as the Diplomatic Authority), after registering the marriage, the Department of Justice shall send a notification in writing to the Consular Affairs Department, Ministry of Foreign Affairs to inform the Diplomatic Authority to make a note in the Register of Issuance of Marriage Status Certificates.

5. The Department of Justice shall implement the notifications prescribed in Clauses 1, 2, 3, and 4 of this Article within seven working days from the date of delivering the Marriage Certificate, delivering the Decision recognizing the acknowledgment of parentage, recording of marriage in the register, recording of acknowledgment of parentage in the register, or issuing a notification of refusal to register the marriage.

Chapter II

PROCEDURE FOR REGISTRATION OF MARRIAGE

Article 6. Marriage Registration File

The marriage registration file shall be implemented according to Article 20 of Decree No. 126/2014/NĐ-CP and shall be guided as follows:

1. Regarding the Marriage Registration Application Form

Each party must fill out the Marriage Registration Application Form according to the prescribed model, providing information about both male and female parties; signing and clearly stating their full names on the form. If both parties are present when submitting the file, only one Marriage Registration Application Form needs to be filled out, providing information about both male and female parties; signing and clearly stating their full names.

If the Marriage Registration Application Form already has confirmation from a competent authority in Vietnam regarding the marital status of a Vietnamese citizen, there is no need to submit a Marriage Status Certificate. If a Marriage Status Certificate has already been issued, it is not necessary to confirm it on the Marriage Registration Application Form.

When submitting the file, the person requesting the marriage registration must present identity documents such as Identity Card, Passport, or other equivalent documents (original or certified true copy) mentioned in the Marriage Registration Application Form for verification and comparison.

2. Regarding documents proving marital status

a) Vietnamese citizens residing abroad (without concurrent foreign citizenship) must submit a Marriage Status Certificate issued by the Diplomatic Authority in the country where they reside or a document proving marital status issued by a competent authority in a foreign country where they reside.

b) Stateless persons residing stably in Vietnam must submit a Marriage Status Certificate issued by the People's Committee of the commune where they reside.

Article 7. Interviewing and verifying marriage registration files

1. The Department of Justice shall request the Public Security agency at the same level to verify in cases where it considers that the marriage involves national security issues, public order and social safety; there are signs of illegal entry and exit, human trafficking, illegal marriage brokerage, fake marriages for the purpose of exiting the country or profiteering, or other issues related to the functions and tasks of the Public Security agency.

2. In cases where either the male or female party has a legitimate reason and cannot be present for the interview on the notified date, they must submit a written request to reschedule the interview, clearly stating the reason for their absence and the proposed new interview date. The subsequent interview date shall not exceed thirty days from the previously scheduled interview date.

Article 8. Organizing the Marriage Registration Ceremony

The organization of the marriage registration ceremony shall be carried out in accordance with Article 24 of Decree No. 126/2014/ND-CP and shall be guided as follows:

1. When organizing the marriage registration ceremony, both the male and female parties must be present and produce identity documents.

2. In cases where both the male and female parties have a legitimate reason and cannot be present for the marriage registration ceremony on the date set by the Department of Justice, they must submit a written request to extend the time for organizing the ceremony, clearly stating the reason for their absence. The Department of Justice shall inform the requesting party that the extension period shall not exceed ninety days from the date the Chairman of the Provincial People's Committee signs the Certificate of Marriage.

Chapter III

ISSUING MARRIAGE STATUS CERTIFICATES, RECORDING MARRIAGE CASES, AND RECORDING DIVORCE CASES

Article 9. Procedure for Processing Applications for Issuing Marriage Status Certificates

The procedure for processing applications for issuing marriage status certificates shall be carried out in accordance with Clause 2, Clause 3, Clause 4, and Clause 5 of Article 28 of Decree No. 126/2014/ND-CP and shall be guided as follows:

1. In necessary cases, the Department of Justice may request support from the District Legal Office to verify information. Within five working days from receiving the support request, the District Legal Office shall conduct verification and notify the results to the Department of Justice.

2. In cases where the applicant has special reasons such as serious illness, accidents, or force majeure events preventing them from being present for the interview on the notified date, they must submit a written request to reschedule the interview but not later than thirty days from the notified date. The request must clearly state the reason for their absence and must be sent to the Department of Justice or the Commune People's Committee. Upon receipt of the postponement request, the Commune People's Committee shall immediately inform the Department of Justice on the same working day.

Article 10. Procedure for Processing Applications for Recording Marriage Cases in the Register

The procedure for processing applications for recording marriage cases in the register shall be carried out in accordance with Article 38 of Decree No. 126/2014/ND-CP and shall be guided as follows:

1. After receiving the application file, the Department of Justice shall review the documents in the file. If a Vietnamese citizen resides within the country at the time of applying for marriage registration with an authorized foreign authority, then the file shall be checked and compared with the issuance of the marriage status certificate for that citizen. In cases where a Vietnamese citizen has been issued a marriage status certificate in another province, the Department of Justice shall send a written request to the Department of Justice that issued the opinion on the issuance of the marriage status certificate, requesting verification and comparison. Within five working days from receiving the verification request, the Department of Justice receiving the request shall be responsible for verification and comparison and shall provide a written response.

2. After verifying and comparing the marriage status certificate issuance file according to the provisions of Clause 1 of this Article, if the issuance of the marriage status certificate does not comply with the prescribed procedures, the Department of Justice shall conduct further verification and clarification. If the verification results show that the parties meet the conditions for marriage as stipulated by the Law on Marriage and Family at the time of requesting the issuance of the marriage status certificate, the Department of Justice shall still proceed to record the marriage case in the register.

After recording the marriage case in the register, the Department of Justice shall issue a written request to the Commune People's Committee that issued the marriage status certificate to rectify and handle the matter in accordance with regulations.

Article 11. Determining the Competence to Process Divorce Registration Files

The competence to process divorce registration files shall be implemented according to the provisions of Article 42 of Decree No. 126/2014/ND-CP and shall be guided as follows:

1. In cases where the marriage registration book, which recorded the marriage before, is no longer retained or is still retained but does not contain the registration content of the person making the request, if the person requesting can present the Marriage Certificate or confirmation of the marriage registration before, the competence to record the divorce registration shall be determined according to the provisions of Clause 1 of Article 42 of Decree No. 126/2014/ND-CP.

2. In cases where the marriage registration book, which recorded the marriage before, is no longer retained or is still retained but does not contain the registration content of the person making the request and the person requesting cannot present the Marriage Certificate or confirmation of the marriage registration before, the competence to record the divorce registration shall be determined as follows:

a) If the person requesting is domiciled in Vietnam, the competence to record the divorce registration belongs to the Department of Justice at the place where the person requesting is domiciled;

b) If the person requesting is not domiciled in Vietnam, but processes the divorce registration for the purpose of registering marriage in Vietnam, the competence to record the divorce registration belongs to the Department of Justice at the place where the person requesting processed the marriage registration;

c) If the person requesting is not domiciled in Vietnam and processes the divorce registration not for the purpose of registering marriage in Vietnam, the competence to record the divorce registration belongs to the Department of Justice at the place where the person requesting resided before leaving the country.

Chapter IV

REGISTRATION OF PARENTS AND CHILDREN

Article 12. Procedure for Processing Recognition of Parentage and Childship

The procedure for processing recognition of parentage and childship shall be implemented according to the provisions of Article 34 of Decree No. 126/2014/ND-CP and shall be guided as follows:

1. The notice issued by the People's Committee of the commune or the Department of Justice regarding the recognition of parentage and childship must include the following information: full name, gender, date of birth, place of residence, identification number or passport number of the person recognizing and the person recognized as parent or child; the expected date for delivering the Decision recognizing parentage and childship at the Department of Justice.

2. After receiving the file, if one of the two parties recognizing parentage and childship dies, the Department of Justice will continue to handle the recognition of parentage and childship according to the law; if both parties die, the handling of the recognition of parentage and childship file will be terminated.

3. During the process of handling the file, if disputes arise regarding the recognition of parentage and childship, the Department of Justice will suspend the handling of the file, guide the disputing parties, the party recognizing or the party recognized as parent or child to request the competent court to resolve the dispute through litigation procedures.

4. During the process of handling the file, if there are complaints or denunciations regarding the recognition of parentage and childship, the Department of Justice will temporarily suspend the handling of the file until the results of the complaint or denunciation resolution are obtained.

5. In cases where one or both parties recognizing parentage and childship have legitimate reasons that prevent them from being present to receive the Decision recognizing parentage and childship on the day set by the Department of Justice, they must submit a written request to the Department of Justice to change the date of receipt, clearly stating the reason for their absence.

6. In cases of recognizing parentage and childship where the child is under nine years old, it is not mandatory for the child to be present when receiving the Decision recognizing parentage and childship.

7. The Decision recognizing parentage and childship takes effect from the date it is delivered to the parties and registered in the book of recognition of parentage and childship.

Article 13. Procedure for processing files to recognize parent-child relationships combined with birth registration

In cases where there is a request to recognize the parent-child relationship but the child has not yet been registered for birth, the Department of Justice shall combine the resolution of recognizing the parent-child relationship and birth registration as follows:

1. Where the birth registration falls within the jurisdiction of the Department of Justice, the Department of Justice shall combine the resolution of recognizing the parent-child relationship and birth registration. The Birth Certificate or substitute document for the Birth Certificate and the Birth Registration Form shall have the same value as the Birth Certificate in the file for recognizing the parent-child relationship.

2. Where the birth registration falls within the jurisdiction of the People's Committee at the commune level, the Department of Justice shall resolve the recognition of the parent-child relationship first; the Birth Certificate or substitute document for the Birth Certificate and the Birth Registration Form shall have the same value as the Birth Certificate in the file for recognizing the parent-child relationship.

After resolving the recognition of the parent-child relationship, the Department of Justice shall issue a notification letter, accompanied by a copy of the Decision recognizing the parent-child relationship, the Birth Certificate or substitute document for the Birth Certificate and the Birth Registration Form, to be sent to the competent People's Committee at the commune level to proceed with the birth registration of the child according to regulations.

Chapter V

ORGANIZATION AND OPERATIONS OF THE CENTER FOR ADVICE AND SUPPORT FOR MARRIAGE AND FAMILY WITH FOREIGN ELEMENTS

Article 14. Conditions for Establishing the Center

The conditions for establishing the Center shall be implemented in accordance with Article 53 of Decree No. 126/2014/ND-CP and shall be guided as follows:

1. The location of the Center's operations must ensure sufficient area and working facilities suitable to the practical needs of each locality.

2. The Center must have at least one full-time advisor. The Center may employ laborers under contracts, regular or ad hoc advisory collaborators.

3. The head of the Center and those who carry out advisory and support activities must have a university degree or higher and at least three years of work experience in fields such as language, culture-society, and law relevant to the advisory and support areas.

Article 15. Rights and Obligations of the Center

The rights and obligations of the Center shall be carried out in accordance with Article 55 of Decree No. 126/2014/ND-CP and shall be guided as follows:

1. When someone requests advice or support, the Center shall be responsible for:

a) Receiving the request for advice or support;

b) Arranging appropriate locations and staff to provide advice or support;

c) Issuing a Confirmation Letter from the Center upon completion of the advice or support if requested by the person receiving the advice or support, without organizing examinations or assessments.

2. The time for providing advice or support shall be agreed upon between the Center and the person making the request.

3. Centers established or converted to organizational models and operations in accordance with Decree No. 24/2013/ND-CP dated March 28, 2013 of the Government detailing certain provisions of the Marriage and Family Law on marriage and family relations involving foreign elements shall continue to operate in accordance with Article 55 of Decree No. 126/2014/ND-CP.

Centers for marriage support established in accordance with Decree No. 68/2002/ND-CP dated July 10, 2002 of the Government detailing certain provisions of the Marriage and Family Law on marriage and family relations that have not been converted to organizational models and operations in compliance with Decree No. 126/2014/ND-CP and this Circular shall only be allowed to provide advice, support, and issue Confirmation Letters from the Center as stipulated in points a, b, c, d, đ, e, i, k of Clause 1, Article 55, and shall not implement activities as stipulated in point g, point h of Clause 1, Article 55 of Decree No. 126/2014/ND-CP.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 16. Transitional Provisions

Registration files for recognizing parents and children; recording marriage entries; recording adoption entries; issuing Certificates of Marital Status under the provisions of Article 66 of Decree No. 126/2014/NĐ-CP shall use corresponding civil status forms issued together with Circular No. 09b/2013/TT-BTP dated May 20, 2013 of the Ministry of Justice amending and supplementing certain articles of Circular No. 08.a/2010/TT-BTP dated March 25, 2010 of the Ministry of Justice on the issuance and guidance on recording, storing, and using civil status books and forms, and Circular No. 05/2012/TT-BTP dated May 23, 2012 of the Ministry of Justice amending and supplementing certain articles of Circular No. 08.a/2010/TT-BTP (hereinafter referred to as Circular No. 09b/2013/TT-BTP).

Article 17. Effective Date

1. This Circular takes effect from April 10, 2015.

2. Amend eight civil status forms in the List of Civil Status Books and Forms issued together with Circular No. 09b/2013/TT-BTP into corresponding forms in the List of Civil Status Forms issued together with this Circular, including:

a) Decision recognizing the act of adoption (original), form TP/HTNNg-2013-CMC.1 used at the Department of Justice;

b) Decision recognizing the act of adoption (original), form
TP-NG/HT-2013-CMC.1, used at the Representative Office;

c) Decision recognizing the act of adoption (copy), form TP/HTNNg-2013-CMC.1.a, used at the Department of Justice;

d) Decision recognizing the act of adoption (copy), form
TP-NG/HT-2013-CMC.1.a, used at the Representative Office;

đ) Decision recognizing the act of adoption (copy), form
TP-NG/HT-2010-CMC.3.a, used at the Ministry of Foreign Affairs;

e) Certificate of Marital Status (issued to Vietnamese citizens residing in Vietnam to marry foreigners at foreign competent authorities abroad), form TP/HT-2013-XNTTHN;

g) Certificate confirming the registration of civil status matters recorded in the book before foreign competent authorities abroad, form TP/HT-2010-XNGC.1, used at the Department of Justice;

h) Certificate confirming the registration of civil status matters recorded in the book before foreign competent authorities abroad, form TP-NG/HT-2010-XNGC.2, used at the Representative Office.

3. Issue two civil status forms according to the List of Civil Status Forms attached to this Circular to record divorce matters in the civil status book, including:

a) Declaration for recording divorce matters resolved abroad in the civil status book, form TP/HTNNg-2015-TK.GCLH;

b) Certificate for recording divorce matters resolved abroad in the civil status book, form TP/HTNNg-2015-XNGC.3.

4. Repeal Circular No. 16/2010/TT-BTP dated October 8, 2010 of the Ministry of Justice guiding the recording of divorce matters conducted abroad in the civil status book; and Circular No. 22/2013/TT-BTP dated December 31, 2013 of the Ministry of Justice detailing and guiding the implementation of certain articles of Decree No. 24/2013/NĐ-CP dated March 28, 2013 of the Government detailing the implementation of certain articles of the Marriage and Family Law regarding family relations involving foreign elements.

5. During the implementation process, if there are difficulties, please promptly report to the Ministry of Justice through the People's Committees of provinces and centrally-administered cities and the Departments of Justice for guidance./.