This Circular guides the registration of marriage under Government Decree No. 77/2001/NĐ-CP, including the content of declaration on the Declaration Form, recording the date when the marriage becomes effective, and the procedure for registering the birth of common children of married couples.
적용 범위
People's Committee at the commune level, citizens wishing to register their marriage, and relevant authorities such as the Department of Justice.
핵심 사항
- When registering marriage, both parties must fill out the Declaration Form according to the current model and supplement information about the time of establishing marital relationship or cohabitation as husband and wife.
- The People's Committee at the commune level shall use the Marriage Registration Certificate and Marriage Registration Book, but must add the phrase 'REGISTERED UNDER DECREE NO. 77/2001/NĐ-CP' to the certificate.
- The registration of birth for common children of married couples is handled according to the provisions of Government Decree No. 77/2001/NĐ-CP, including the supplementation of the father's name or the execution of procedures to change or correct household registration.
- Cases of marriage registration before the effective date of the Decree still retain legal validity, but if there is a request to recognize the date when the marriage becomes effective according to the new regulations, the People's Committee at the commune level will implement the supplementation.
- This Circular takes effect fifteen days from the date of issuance and applies to cases where men and women have been living together as husband and wife from January 3, 1987 to December 31, 2000.
🌐 이 문서의 사회적 영향
- The positive impact is the clear definition of marriage registration procedures, ensuring legal validity and transparency in the registration process.
- The negative impact may be increased complexity for citizens who must comply with new regulations, especially for those who registered earlier.
❓ 자주 묻는 질문
When should the content regarding the establishment of marital relationship be supplemented?
If both parties cannot determine the date or both the date and month, it shall be recorded according to the time calculation method stipulated in Clause 2, Article 5 of Government Decree No. 77/2001/NĐ-CP.
How is the registration of birth for common children of married couples handled?
If the child has already been registered for birth, and the Birth Registration Certificate and Birth Registration Book do not record the father's name, the People's Committee at the commune level shall base on the Marriage Registration Certificate of the parents, supplement the Birth Registration Book and Birth Registration Certificate. If another person has been recorded as the father, the party concerned must follow the legal procedures to change or correct household registration.
Do cases of marriage registration before the effective date of the Decree still retain legal validity?
Yes, these cases still retain legal validity. If the couple requests recognition of the date when the marriage becomes effective according to Article 3 of Government Decree No. 77/2001/NĐ-CP, the People's Committee at the commune level will implement the supplementation.
To which cases does this Circular apply?
This Circular applies to cases where men and women have been living together as husband and wife from January 3, 1987 to December 31, 2000.
When does this Circular take effect?
This Circular takes effect fifteen days from the date of issuance.
전문
CIRCULAR
Guidelines for Implementing Certain Provisions of Decree No. 77/2001/NĐ-CP
dated October 22, 2001 of the Government on Detailed Regulations on Marriage Registration
pursuant to Resolution No. 35/2000/QH10 of the National Assembly
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Pursuant to Decree No. 38/CP dated June 4, 1993 of the Government on the functions, tasks, powers, and organization of the Ministry of Justice;
Pursuant to Decree No. 77/2001/NĐ-CP dated October 22, 2001 of the Government on detailed regulations on marriage registration pursuant to Resolution No. 35/2000/QH10 of the National Assembly on the Implementation of the Law on Marriage and Family;
The Ministry of Justice issues guidelines for implementing certain provisions of Decree No. 77/2001/NĐ-CP dated October 22, 2001 of the Government (hereinafter referred to as Decree No. 77/2001/NĐ-CP) as follows,
I. COMPLETING THE MARRIAGE REGISTRATION APPLICATION FORM
When registering for marriage, both parties shall complete the Marriage Registration Application Form according to the current model (Model TP/HT-1999-B.1), and simultaneously supplement the following content at the end of the first page of the Marriage Registration Application Form:
"We have established marital relations from the day... month... year... until now" (for cases where marital relations were established before January 3, 1987) or "We have been living together as husband and wife from the day... month... year... until now" (for cases where a man and woman lived together as husband and wife from after January 3, 1987 to before January 1, 2001)
If both parties cannot determine the date or both the date and month of establishing marital relations or living together as husband and wife, then they shall record the time period according to the method prescribed in Clause 2, Article 5 of Decree No. 77/2001/NĐ-CP.
II. RECORDING THE DATE OF EFFECTIVE MARRIAGE
When registering for marriage, the People's Committee at the commune level shall use the current Marriage Certificate Model (Model TP/HT-1999-B.2) and the current Marriage Registration Book (Model TP/HT-1999-B), but must supplement under the title of the Marriage Certificate and in the Note column of the Marriage Registration Book the following line:
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REGISTERED UNDER DECREE NO. 77/2001/NĐ-CP MARRIAGE BECOMES EFFECTIVE FROM DAY... MONTH... YEAR... |
and affix the seal of the People's Committee at the place of supplementation.
III. REGISTRATION OF BIRTH FOR COMMON CHILDREN OF MARRIED COUPLES
The registration of birth for common children of married couples registered under Decree No. 77/2001/NĐ-CP shall be handled as follows:
1. If the child has already been registered for birth but the Birth Registration Certificate and the Birth Registration Book still leave blank the section regarding the father, then the People's Committee at the commune level, which has registered the birth, shall base on the Marriage Certificate of the parents, supplement the information about the father in the Birth Registration Book and the Birth Registration Certificate of the child according to the provisions of Article 9 of Decree No. 77/2001/NĐ-CP.
2. If the child has already been registered for birth, but the Birth Registration Book and the Birth Registration Certificate of the child have recorded another person in the section regarding the father, then the party concerned must follow the procedures for changing and correcting household registration records as stipulated by the law on household registration.
3. If the child has not yet been registered for birth, then the People's Committee at the commune level, which has registered the marriage for the parents, shall base on the Marriage Certificate of the parents, carry out the registration of birth for the child according to the procedures for registering birth for a child born in wedlock.
IV. APPLICATION TO CASES OF MARRIAGE REGISTRATION BEFORE THE EFFECTIVENESS OF DECREE NO. 77/2001/NĐ-CP
For cases that have registered for marriage according to Resolution No. 35/2000/QH10 of the National Assembly before the effectiveness of Decree No. 77/2001/NĐ-CP, such marriage registrations remain legally valid.
If the couple requests recognition of the effective date of their marriage according to Article 3 of Decree No. 77/2001/NĐ-CP, then the People's Committee at the commune level, which has registered the marriage for them, shall implement the supplementary recording according to Point II of this Circular.
V. IMPLEMENTATION
1. This Circular shall take effect fifteen days from the date of signature.
2. The Department of Justice shall be responsible for assisting the People's Committees of provinces and centrally-administered cities in guiding, directing, and inspecting the implementation of Decree No. 77/2001/NĐ-CP and this Circular within their respective localities, paying attention to cases where men and women lived together as husband and wife from January 3, 1987 to before January 1, 2001, who can only register their marriage under Decree No. 77/2001/NĐ-CP until December 31, 2003.
3. During the implementation process, if there are any difficulties or new issues arise, the People's Committee of the province, the Department of Justice, and related agencies shall send a letter to the Ministry of Justice for further guidance.
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DEPUTY MINISTER DEPUTY MINISTER (Signed) Ha Hung Cuong
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