Directive No. 03/2005/CT-TTg on Strengthening State Management of Marital and Family Relations Involving Foreign Elements

DIRECTIVE

Regarding Strengthening State Management over Marital and Family Relations Involving Foreign Elements

On July 10, 2002, the Government issued Decree No. 68/2002/NĐ-CP detailing certain provisions of the Marriage and Family Law concerning marital and family relations involving foreign elements. After more than two years of implementation of the Decree, the establishment of marital and family relations between Vietnamese citizens and foreigners has shown significant positive changes compared to before, aligning with the context of expanding relations between our country and foreign countries.

However, marriage between Vietnamese women and foreigners still has the following issues remaining:

In some provinces and centrally-administered cities, many cases of marriage between Vietnamese women and foreigners, particularly with those from Taiwan, have been hastily conducted without ensuring the principle of voluntary and progressive marriage; or, Vietnamese women illegally cross borders to live together as spouses with neighboring country citizens without registering their marriage.

The business of brokering marriages for profit by some organizations and individuals occurs under various deceptive forms, causing social disorder. Many cases of marriage brokerage have lowered the honor and dignity of Vietnamese women, seriously violated national customs and traditions, and affected the country's reputation.

Most Vietnamese women before living abroad with their husbands have not received adequate counseling to understand necessary information about the laws, language, customs, and practices of the host country; therefore, they face many difficulties in integrating into the community and stabilizing their lives abroad. Some Vietnamese women after going abroad have fallen into unfortunate circumstances but have not been promptly protected by the laws of the host country.

The above situation arises due to multiple reasons, including the fact that state management over marital and family relations involving foreign elements has not been effectively implemented, and violations and negative aspects in this field have not been strictly and timely addressed.

To address this situation and enhance the effectiveness of state management over marital and family relations involving foreign elements, the Prime Minister instructs:

1. Ministries, ministerial-level agencies, government-affiliated agencies, and all levels of People's Committees need to deeply recognize that the situation of Vietnamese women marrying foreigners is a matter related to many aspects of economic, cultural, social life, security, and social order, as well as diplomacy. Within their respective functions and tasks, these agencies must strengthen their role in managing state affairs regarding marital and family relations involving foreign elements; closely and effectively coordinate with relevant agencies and localities to take measures to prevent and promptly handle violations by organizations and individuals; immediately stop illegal marriage brokerage activities; make marital and family relations involving foreign elements healthy; ensure the principles of voluntary and progressive marriage; contribute to building happy and stable families; respect and maintain good customs and traditions of the Vietnamese people; and protect the reputation of the Vietnamese nation and the Vietnamese State in international relations.

2. The Ministry of Justice shall be responsible for:

a) Strengthening guidance, direction, inspection, and auditing of localities in handling and resolving registration files of marriage between Vietnamese citizens and foreigners; promptly rectifying deviations and negative aspects in this work. Directing provincial Departments of Justice to strictly implement the regulation of not accepting marriage registration files submitted through third parties; establishing verification and interviewing procedures for both parties in cases of suspicion or complaints about fake marriages, using marriage for purposes such as selling women or other profiteering, or when there are issues requiring clarification about the identity of the parties or documents in the marriage registration file, contributing to eliminating cases of marriage that do not ensure the principles of voluntary and progressive marriage.

b) Taking the lead and coordinating with the Ministry of Foreign Affairs and relevant agencies to establish a mechanism for information on the living conditions of Vietnamese citizens married to foreigners and residing abroad; urgently studying and proposing negotiations and signing agreements with relevant countries to protect the legitimate rights and interests of Vietnamese citizens married to foreigners and residing abroad in terms of nationality, residence, marriage and family, property, etc., in accordance with Vietnamese law, the laws of the host country, and international law and practice.

c) Directing the registration of birth certificates and resolving issues related to household registration for children born to Vietnamese women and foreigners who follow their mothers to reside in Vietnam.

d) Organizing the compilation of promotional materials on laws concerning marital and family relations involving foreign elements, and guiding and consulting materials on household registration and nationality issues of Vietnam and foreign countries to help parties involved in marriage correctly understand and comply with legal regulations.

đ) Taking the lead and coordinating with the Ministry of Culture, Sports and Tourism, the Vietnam Women's Union, the Communist Youth Union Central Committee, and the Vietnam Farmers' Union Central Committee to direct extensive promotion and dissemination of laws concerning marital and family relations involving foreign elements, contributing to fundamental changes in public awareness of this issue.

e) Enhancing the capacity of specialized staff in nationality work, ensuring necessary conditions to promptly resolve requests for renunciation of Vietnamese citizenship by Vietnamese citizens married to foreigners.

3. The Ministry of Public Security shall be responsible:

Directing public security agencies at all levels to carry out necessary investigative measures and cooperate with international police through cooperative relationships to detect and severely punish organizations and individuals engaged in illegal marriage brokerage activities. For cases with criminal indications, resolutely initiate criminal proceedings for prosecution.

From now until the end of the second quarter of 2005, direct the public security agencies in some key provinces and cities to launch a concentrated campaign to review and eliminate spots that introduce foreign men to Vietnamese women wishing to marry foreigners; monitor, detect, and promptly bring to justice cases of illegal marriage brokerage.

4. The Ministry of Foreign Affairs shall be responsible for:

a) Directing Vietnamese representative offices abroad to closely monitor the overall living conditions of Vietnamese women married to foreigners and residing overseas; coordinating with relevant agencies and organizations in the host countries to guide these women in establishing appropriate organizations and associations to assist them in integrating into their local communities while maintaining regular ties with their homeland and families in Vietnam.

b) Continuing to direct and guide Vietnamese representative offices abroad to strengthen the implementation of measures to protect the legitimate rights and interests of Vietnamese women abroad in marital and family relations in accordance with the laws of the host country and international treaties to which Vietnam is a party; taking timely measures to protect and support these women if they fall into unfortunate circumstances.

5. The Ministry of Planning and Investment shall be responsible for:

Directing localities to conduct inspections, detect, and handle enterprises violating the prohibition on operating foreign-related marriage brokerage services as stipulated in Decree No. 125/2004/NĐ-CP dated May 19, 2004 of the Government amending and supplementing certain articles of Decree No. 03/2000/NĐ-CP dated February 3, 2000 guiding the implementation of certain provisions of the Enterprise Law.

6. The Ministry of Culture, Sports and Tourism shall be responsible for:

Directing the orientation of press information regarding the situation of Vietnamese women marrying foreigners, particularly those from Taiwan and South Korea, to ensure accurate, objective, comprehensive information without one-sided reporting; at the same time, further leveraging the role of mass media in combating negative practices and promptly identifying violations in the registration of marriages between Vietnamese women and foreigners.

7. Provincial People's Committees directly under the Central Government shall be responsible for:

a) Strengthening state management in the field of foreign-related marriage and family affairs within their respective provinces and cities; resolutely eliminating illegal marriage brokerage activities, ending situations where marriages violate the principles of voluntary and progressive marriage, and contravene the fine cultural traditions and customs of the Vietnamese people. The Chairman of the provincial People's Committee shall bear responsibility if illegal marriage brokerage activities occur in their locality.

b) People's Committees in border provinces shall be responsible for directing relevant agencies in their localities to strengthen border area control, intensify population management to prevent and stop Vietnamese citizens from illegally crossing borders to live together as husband and wife with neighboring country citizens without registering their marriage; promoting and implementing marriage registration in border communes according to Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government detailing the implementation of certain provisions of the Marriage and Family Law concerning foreign-related marriage and family relations.

c) Reviewing the cadre force directly involved in handling marriage registration between Vietnamese citizens and foreigners, based on which strengthening the allocation of cadres with sufficient capacity, integrity, and professional qualifications for this work; promptly detecting and strictly dealing with cadres who engage in corrupt behavior in handling marriage registration between Vietnamese citizens and foreigners.

d) Building and directing the implementation of plans to promote the dissemination, education on laws and fine cultural traditions of the Vietnamese people regarding marriage and family down to every village, hamlet, commune, township, ward, and village.

đ) Supporting the Provincial Women's Union in establishing Marriage Support Centers as prescribed in Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government detailing the implementation of certain provisions of the Marriage and Family Law concerning foreign-related marriage and family relations.

8. Request the Central Committee of the Vietnam Women's Union:

a) Taking the lead and coordinating with the Ministry of Justice, the Ministry of Home Affairs, the Ministry of Finance, the Population, Family and Children Commission to provide guidance on the organization and operation of Marriage Support Centers, supporting these centers to operate effectively, contributing to ensuring lawful and healthy marriages between Vietnamese citizens and foreigners.

b) Directing and guiding provincial Women's Unions in establishing Marriage Support Centers in provinces and centrally-administered cities according to the provisions of Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government detailing the implementation of certain provisions of the Marriage and Family Law concerning foreign-related marriage and family relations. In the short term, focusing on directing the establishment and operation of Marriage Support Centers in several provinces with a large number of Vietnamese women marrying foreigners.

9. Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairmen of Provincial People's Committees directly under the Central Government shall be responsible for implementing this Directive.

The Ministry of Justice shall be responsible for monitoring, inspecting, urging, summarizing, and concluding the implementation of this Directive, and promptly reporting to the Prime Minister.