CIRCULAR

Regarding the guidance on implementing certain provisions of Decree No. 68/2002/NĐ-CP dated July 10, 2002

of the Government detailing the implementation of certain provisions of the Law on Marriage and Family

concerning marriage and family relations involving foreign elements

___________________________

Pursuant to Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government detailing the implementation of certain provisions of the Law on Marriage and Family regarding marriage and family relations involving foreign elements;

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;

After exchanging and reaching consensus with the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Labor, Invalids and Social Affairs, and the Committee for Population, Family and Children;

The Ministry of Justice hereby provides guidance on the implementation of certain provisions of Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government detailing the implementation of certain provisions of the Law on Marriage and Family concerning marriage and family relations involving foreign elements as follows:

II- SUPPORT MEASURES FOR STATE-OWNED AGRICULTURAL FARMS AND FORESTRY COMPANIES IN THE FIELD OF SCIENCE AND TECHNOLOGY

1. Scope and subjects of application

1.1 In accordance with Article 1 and Article 79 of Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government detailing the implementation of certain provisions of the Law on Marriage and Family concerning marriage and family relations involving foreign elements (hereinafter referred to as the Decree), marriages, acknowledgment of parentage, and adoption between Vietnamese citizens and foreigners, between foreigners permanently residing in Vietnam, and between Vietnamese citizens who have settled abroad must comply with this Decree and this Circular.

This Decree and this Circular also apply to marriages between foreigners if one or both parties are not permanently residing in Vietnam upon their request, and adoptions between foreigners where the adopted child is a stateless minor permanently residing in Vietnam.

1.2 According to Articles 2, 3, and 4 of the Nationality Law 1998, "Vietnamese citizen residing abroad" refers to a person holding Vietnamese nationality residing, working, and living long-term abroad, regardless of whether they have acquired foreign nationality or not.

Vietnamese citizens temporarily residing abroad for a limited period (for work, study, labor, etc.) or those who have exceeded their temporary stay period abroad without being granted permission to reside there do not fall under the category of "residing abroad" (hereinafter referred to as Vietnamese citizens temporarily residing abroad). Marriages, acknowledgment of parentage, and adoptions between Vietnamese citizens temporarily residing abroad and each other or with Vietnamese citizens permanently residing in the country shall be carried out according to the regulations on civil status registration, and are not subject to the provisions of this Decree and this Circular.

2. Legalization of foreign documents, exemption from legalization, notarization, and exemption from notarization

In accordance with Article 4, Article 6, and Article 67 of the Decree, the procedures for legalization, exemption from legalization, notarization, and exemption from notarization of foreign documents for use in marriages, acknowledgment of parentage, and adoptions involving foreign elements are as follows:

2.1 As a general principle, foreign documents issued, notarized, or certified by foreign authorities for use in marriages, acknowledgment of parentage, and adoptions involving foreign elements before Vietnamese competent authorities must undergo legalization. Legalization involves certifying signatures and seals on foreign documents for use in Vietnam. This certification is conducted by the Consular Department (Ministry of Foreign Affairs), the Department of External Relations of Ho Chi Minh City, diplomatic missions, consular offices, or other Vietnamese agencies authorized to perform consular functions abroad. The procedure for legalization is carried out in accordance with Circular No. 01/1999/TT-BNG dated June 3, 1999, of the Minister of Foreign Affairs regarding the rules for legalization of documents and materials.

Exemption from legalization may only be applied to:

- Documents issued by authorities of countries that have concluded international treaties with Vietnam, which include provisions on mutual exemption from legalization of documents and materials (the list of countries that have signed international treaties with Vietnam is attached to this Circular and updated by the Ministry of Justice when changes occur);

- Documents issued by diplomatic missions and consular offices of foreign countries in Vietnam for their citizens to use in Vietnam, based on reciprocity (the list of these countries is attached to this Circular and updated by the Ministry of Justice based on notifications from the Ministry of Foreign Affairs);

- Documents issued by authorities of the People's Republic of China, the Democratic People's Republic of Laos, and the Kingdom of Cambodia (hereinafter referred to as neighboring countries) for their citizens permanently residing in border areas with Vietnam for use in marriages, acknowledgment of parentage, and adoptions with Vietnamese citizens permanently residing in border areas with those countries.

2.2 Foreign-language documents must be translated into Vietnamese before submission to Vietnamese competent authorities. The translation must be notarized in accordance with Vietnamese law, except for documents issued by authorities of neighboring countries for their citizens permanently residing in border areas with Vietnam for use in marriages, acknowledgment of parentage, and adoptions with Vietnamese citizens permanently residing in border areas with those countries, which only need to be translated into Vietnamese and accompanied by a written commitment from the translator stating that the translation accurately reflects the original content, without the need for notarization of the translation.

Specifically, translations of documents in the dossier for adopting Vietnamese children submitted by foreigners permanently residing in countries that have concluded or acceded to international treaties on intercountry adoption with Vietnam must be notarized at Vietnamese diplomatic or consular missions in those countries.

3. Validity period of documents

The six-month validity period of documents specified in point a and b Clause 1 Article 13, point d and c Clause 1 Article 41, and point b Clause 1 Article 69 of the Decree is calculated from the date of issuance of the documents to the date of submission of the dossier to the Department of Justice (for marriages) or the International Adoption Authority under the Ministry of Justice (hereinafter referred to as the International Adoption Authority) (for adoption applications).

4- Responsibilities of the Department of Justice

In accordance with Clause 2, Article 76 of the Decree, the Department of Justice assists the People's Committee of the province in managing state affairs regarding marriage and family relations involving foreign elements, receives applications (excluding adoption applications received by international adoption agencies), collects fees, studies and reviews applications, proposes opinions to be submitted to the People's Committee of the province for resolution in specific cases, and performs other specific tasks and powers as prescribed by the Decree.

For marriages, acknowledgment of parentage, and adoption in border areas, the Department of Justice examines, considers, and provides opinions on each specific case for the People's Committee of the commune in border areas to decide.

5- Issuing certified copies of household registration documents.

After recording the marriage, acknowledgment of parentage, or adoption in the household registration book, if the parties request certified copies of the Marriage Certificate, Decision on Acknowledgment of Parentage, or Adoption Decision, the Department of Justice issues certified copies based on the original records; these certified copies are 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.

6- Reporting and Statistics Responsibilities

The Department of Justice is responsible for strictly implementing the submission of periodic reports and statistical data every six months and annually to the Ministry of Justice and the People's Committee of the province regarding the situation of handling marriages, acknowledgment of parentage, and adoptions involving foreign elements (according to the model prescribed by the Ministry of Justice).

Statistical data accompanying the six-month report covers from January 1 to June 30; statistical data accompanying the annual report covers from January 1 to December 31 of that year. The six-month report must be submitted before July 31, and the annual report must be submitted before January 31 of the following year.

7- Inspection and Supervision

The Ministry of Justice proactively or collaborates with relevant ministries and sectors to conduct inspections and supervision of the implementation of the Decree according to their specialized functions, aiming to promptly identify, correct, and handle violations in the registration of marriages, acknowledgment of parentage, and adoptions involving foreign elements within their authority.

II- GUIDANCE ON SOME PROVISIONS REGARDING THE PROCEDURES FOR REGISTRATION OF FOREIGN ELEMENTS IN MARRIAGES, ACKNOWLEDGEMENT OF PARENTAGE, AND ADOPTIONS

1- Registration of Marriages Involving Foreign Elements

1.1- Regarding some documents in the marriage registration application.

1.1.1- Each party must complete a Marriage Registration Form with attached photograph (as prescribed) confirmed by the competent authority regarding the current status of the party being unmarried:

- For Vietnamese citizens residing in Vietnam, this confirmation is made by the competent authority as prescribed by the law on household registration.

- For Vietnamese citizens residing abroad, this confirmation is made by the competent authority of the country where they reside or by the diplomatic or consular agency of Vietnam in that country.

- For foreigners residing abroad, this confirmation is made by the competent authority of the country where they have citizenship and reside. If the foreign law does not provide for confirmation on the marriage registration form or does not issue a document confirming marital status, it can be substituted by a sworn statement by the individual stating that they are currently unmarried; the form of the oath must comply with the law of that country.

- For foreigners residing in Vietnam, this confirmation is made by the People's Committee of the commune where they reside.

1.1.2- Documents confirming that the party is not suffering from mental illness or is suffering from mental illness but has not reached the level of incapacity to understand their actions, issued by a Vietnamese specialized health organization at provincial level or higher, or by a specialized health organization in the foreign country where the individual resides.

1.1.3- In the case of Vietnamese citizens who have a divorce judgment or decision (with each other or with a foreigner) rendered by a court or another competent authority of a foreign country, they must record the judgment or decision in the registry at the Department of Justice and submit a certificate from the Department of Justice regarding the recording of the divorce judgment or decision (if recorded elsewhere); if divorced in a Vietnamese court, they must submit a certified copy of the judgment or divorce decree that has become legally effective. Foreigners who marry and divorce each other abroad do not need to record the divorce, only need to submit a certified copy of the divorce judgment or decision that has become legally effective; if they marry each other in Vietnam or marry a Vietnamese citizen in Vietnam and divorce abroad, they must record the divorce.

The procedure for recording the divorce judgment or decision mentioned herein is carried out in accordance with the law on household registration.

1.1.4- In the case where the party's spouse has died, a certified copy of the death certificate must be submitted.

1.2- Regarding the procedure for submitting marriage registration applications:

According to Article 14 of the Decree, in principle, both male and female parties must be present when submitting the marriage registration application. In cases where one party is unable to be present due to illness, work commitments, or other valid reasons, they must authorize the other party to submit the application on their behalf, clearly stating the reason for absence; the authorization letter must be properly certified.

1.3- Regarding the procedure for processing marriage registration applications:

According to Article 16 of the Decree, the Department of Justice is responsible for assisting the People's Committee of the province in receiving, studying, reviewing applications, proposing registration or refusal of marriage registration, and bearing responsibility for the marriage registration files.

Regarding the procedure for processing marriage registration, the following points should be noted:

1.3.1- Regarding the procedure for publicizing the marriage: Publicizing the marriage takes place continuously for seven days at the office of the Department of Justice and the People's Committee of the commune where Vietnamese citizens reside or temporarily reside, or where foreigners reside. The notice of marriage publication must include information about both parties such as name, gender, date of birth, place of residence or temporary residence, marital status (unmarried, married but divorced or the other party has died), and the expected time of marriage registration (if there are no complaints or accusations of illegal marriage).

In the event of complaints or reports regarding the marriage, the People's Committee at the commune level shall immediately report in writing to the Department of Justice. If there are no complaints or reports regarding the marriage, the People's Committee at the commune level is not required to report to the Department of Justice on the results of the public announcement.

1.3.2- During the process of examining the marriage registration dossier, if there are complaints or reports about illegal marriages or fictitious marriages (marriages not aimed at building a family but only for the purpose of leaving the country), the Department of Justice shall conduct investigations or request the parties to come to its office for interviews to clarify the situation.

In cases where there is suspicion that the marriage dossier contains forged documents or issues requiring verification within the jurisdiction of the Public Security agency, the Department of Justice shall send a letter to the Public Security agency at the same level requesting verification, along with one set of the marriage dossier. According to Clause 2 of Article 16 of the Decree, the Public Security agency shall conduct verification and reply to the Department of Justice within twenty days from the date of receipt of the request letter. If the Public Security agency does not respond within this period, the Department of Justice shall still propose opinions for submission to the Chairman of the People's Committee at the provincial level for consideration and decision, clearly stating the issue requested for verification by the Public Security agency.

1.3.3- In the case where the People's Committee at the provincial level refuses to register the marriage, the Committee shall notify the parties in writing, specifying the reasons for refusal. The parties are not entitled to a refund of the marriage registration fee.

1.4- Regarding the organization of the marriage registration ceremony.

The marriage registration ceremony shall be conducted in accordance with the provisions of Article 17 of the Decree. When organizing the marriage registration ceremony, both male and female parties must be present, presenting their identity cards, passports, or other valid identification documents (such as travel documents or personal identification cards with photographs attached) and express their voluntary intention to marry, signing the marriage registration book and the Certificate of Marriage.

In cases where illness, work commitments, or other legitimate reasons prevent either party from being present at the scheduled time, the party must submit a request to the Department of Justice for postponement of the marriage registration; the application does not require certification. The temporary postponement period shall not exceed ninety days from the date the Chairman of the People's Committee at the provincial level signs the Certificate of Marriage. If the registration ceremony has not been organized beyond this period due to the absence of the party, the Department of Justice shall report in writing to the People's Committee at the provincial level about this matter. If the party subsequently requests the organization of the marriage registration ceremony, they must reapply all documents according to the marriage registration procedures from the beginning.

2- Acknowledgment of parentage, guardianship involving foreign elements.

2.1- Regarding conditions for acknowledging parentage, guardianship:

According to the provisions of Article 28 of the Decree, the Department of Justice will accept applications for acknowledgment of parentage, guardianship if both the applicant and the person to be acknowledged are alive at the time of submitting the application, voluntarily agree, and there is no dispute; if during the processing of the dossier one of the two parties dies without a dispute, the acknowledgment of parentage, guardianship will continue to be processed; if both parties die, the Department of Justice will suspend the processing of acknowledgment of parentage, guardianship.

In the event of disputes arising between the applicant and the person to be acknowledged as parent or guardian or with a third party during the processing of the dossier, the Department of Justice will suspend the proceedings and guide the parties to submit a lawsuit to the People's Court at the provincial level for resolution through litigation procedures.

2.2- Regarding the procedure and formalities for handling applications for acknowledgment of parentage, guardianship:

According to the provisions of Articles 30 and 32 of the Decree, the following points should be noted:

2.2.1- In cases where the applicant for acknowledgment of parentage, guardianship has documents, materials, and evidence to prove the parent-child relationship (such as letters, photos, videos, medical examination results...), these should be submitted together with the application for acknowledgment of parentage, guardianship; if such documents, materials, and evidence are not available, the Department of Justice will still consider and process the application (if the dossier is complete and valid).

In cases where the child has not yet registered birth, it may be allowed to combine the processing of the application for acknowledgment of parentage, guardianship first and then register the birth later.

2.2.2- Regarding the public announcement procedure for acknowledgment of parentage, guardianship: The public announcement shall be carried out continuously for fifteen days at the offices of the Department of Justice and the People's Committee at the commune level, where the person to be acknowledged as parent or guardian resides.

The announcement document must include information about the applicant and the person to be acknowledged as parent or guardian, such as name, gender, date of birth, place of residence, ID number or passport number, and the expected time for registering the acknowledgment of parentage, guardianship (if there are no complaints or reports regarding the acknowledgment of parentage, guardianship).

During the public announcement period, if there are complaints or reports regarding the acknowledgment of parentage, guardianship, the People's Committee at the commune level shall immediately report in writing to the Department of Justice; if there are no complaints or reports regarding the acknowledgment of parentage, guardianship, the People's Committee at the commune level is not required to report to the Department of Justice on the results of the public announcement.

2.2.3- The decision recognizing the acknowledgment of parentage, guardianship shall take effect from the date it is handed over to the parties and recorded in the registry.

2.2.4- In cases where the acknowledgment of parentage, guardianship is refused or suspended, the parties are not entitled to a refund of the fee.

3- Registration of adoption involving foreign elements.

3.1- According to Clause 2 of Article 35 of the Decree, in principle, only persons from countries that have signed or joined international conventions on cooperation in adoption with Vietnam (the list of countries is attached to this Circular and updated by the Ministry of Justice when changes occur) will be considered for adopting Vietnamese children (hereinafter referred to as the adoptive parent). For exceptional cases where persons from countries that have not signed or joined international conventions on cooperation in adoption with Vietnam are considered for adopting Vietnamese children, the following situations will be examined:

- Orphaned of both parents or orphaned of the mother (or father) with the other parent unknown;

- Disabled;

- Having kinship or affinity with the adoptive parent.

Kinship refers to the relationship between aunts, uncles, cousins (on the paternal or maternal side); affinity refers to the relationship between a stepfather with his stepson or stepdaughter, or a stepmother with her stepson or stepdaughter.

A person applying to adopt an orphan or disabled child who has no kinship or close relationship with such child, as stipulated herein, must have resided, worked, studied, or labored in Vietnam for at least six months.

3.2 Regarding the procedure for submitting adoption application files:

In accordance with Clause 2 of Article 41 of the Decree, the adoption application file must be submitted to the international adoption agency through diplomatic channels or through foreign adoption organizations permitted to operate in Vietnam (hereinafter referred to as the Foreign Adoption Office).

For the adoption application file of a person residing in a country that has not signed or joined an international agreement on adoption cooperation with Vietnam, it must be directly submitted by the applicant to the international adoption agency.

3.3 On the procedure for introducing children for adoption:

3.3.1 The introduction of children for adoption as prescribed in Article 51 of the Decree shall only be carried out in cases where the applicant resides in a country that has signed or joined an international agreement on adoption cooperation with Vietnam. In these cases, only children living in care facilities may be introduced for adoption; children living in families shall not be introduced.

3.3.2 After receiving the application file, based on the wishes of the applicant (to adopt a child from a specific province or city), the international adoption agency will send a letter along with copies of the application form and a summary of the application file to the Department of Justice to guide the care facility to introduce children who meet the legal requirements and are consistent with the applicant's wishes to be adopted.

If the applicant does not clearly express a desire to adopt a child from a specific province or city, the international adoption agency will send a letter to the Department of Justice in the location where there is a care facility capable of introducing children to carry out this process.

3.3.3 According to Clause 2 of Article 51 of the Decree, the care facility can only introduce children living in its own care facility for adoption.

In cases where there are no children meeting the conditions and consistent with the wishes of the applicant, within seven days from the date of receiving the request from the Department of Justice, the head of the care facility must respond in writing to the Department of Justice so that the Department of Justice can report to the international adoption agency.

In cases where a child meeting the conditions and consistent with the wishes of the applicant is identified, the head of the care facility is responsible for responding in writing to the Department of Justice so that the Department of Justice can report to the international adoption agency. The response document from the care facility includes information about the child being introduced for adoption such as name; gender; date of birth; ethnicity, nationality; place of residence; place of birth (if the child is an infant); place of origin (if known); names of parents (if known); health status (height, weight...); eligibility for adoption; special needs and preferences of the child (if any); other information about the child (such as orphaned, abandoned, disabled...). Two photos (9x12 or 10x15) of the child must be attached to the document.

3.3.4 According to Clause 3 of Article 51 of the Decree, if a child meeting the conditions and consistent with the wishes of the applicant is identified, the international adoption agency will notify the applicant in writing (through the international adoption agency of their country or the Foreign Adoption Office). The notification must clearly specify the time frame within which the applicant must respond regarding their agreement or disagreement to adopt the child being introduced.

3.3.5 According to Clause 4 of Article 51 of the Decree, if the applicant agrees to adopt the child being introduced, the international adoption agency will send a letter to the Department of Justice to guide the care facility in preparing the child's file. The head of the care facility is responsible for preparing the child's file including the documents specified in Article 44 of the Decree.

In cases where the applicant refuses to adopt the child being introduced, the international adoption agency will send a letter to the Department of Justice to inform the care facility so that they can introduce the child to another applicant. If the applicant wishes to apply for another child for adoption, their application file will only be considered for resolution twelve months after the date they refused to adopt the previously introduced child.

3.4 On the procedure and process for resolving adoption application files:

3.4.1 According to Articles 45 to 49 of the Decree, the Department of Justice is responsible for assisting the People's Committee at the provincial level in reviewing and bearing responsibility for the entire file of the child being given up for adoption, ensuring compliance with deadlines and processing the file according to regulations.

If the Department of Justice finds that the child's file contains all necessary documents as stipulated in Article 44 of the Decree, all documents are valid, the child's origin is clear, and the child meets the conditions for adoption, the Department of Justice will send a report to the international adoption agency along with one set of the child's file.

If the Department of Justice finds that the child's origin is unclear or suspects fraudulent documents in the file or suspects signs of buying, swapping, or kidnapping children for adoption, it will send a letter to the police agency at the same level requesting verification, attaching one set of the child's file. According to Clause 2 of Article 45 of the Decree, the police agency is responsible for verifying and responding to the Department of Justice within thirty days from the date of receipt of the request letter. If the police agency does not respond within this period, the Department of Justice will still submit a report, along with one set of the file, to the international adoption agency for review. The report should clearly state the issues requested to be verified by the police agency.

3.4.2 Pursuant to Article 46 of the Decree, the International Adoption Agency is responsible for checking all documents in the child's file. If the file is incomplete or invalid, the International Adoption Agency shall send a letter to the Department of Justice to notify the head of the childcare facility or the child's birth parents or guardian to supplement and complete the file; the letter must clearly specify the deadline for supplementing and completing the file.

In cases where the child's file is valid and complete according to Article 44 of the Decree, the International Adoption Agency shall send a letter along with one set of the adoption applicant's file to the Department of Justice (without returning the child's file). The letter from the International Adoption Agency must clearly state its opinion on granting the child for adoption.

3.4.3 Pursuant to Clause 1 of Article 47 of the Decree, within seven days from the date of receiving the reply letter from the International Adoption Agency along with one set of the adoption applicant's file, the Department of Justice is responsible for sending a notification to the adoption applicant (through the Foreign Adoption Office if necessary) to come to Vietnam to complete the adoption procedures; the letter must clearly specify the deadline for the adoption applicant to be present in Vietnam.

3.4.4 Pursuant to Clauses 2 and 3 of Article 7 of the Decree, the Department of Justice collects the registration fee for adoption submitted by the adoption applicant or an organization authorized to submit on their behalf, and guides the adoption applicant to prepare the Declaration (according to the prescribed form) in four original copies. After the adoption applicant completes all procedures, the Department of Justice prepares a report on the review results and proposes an opinion on resolving the matter of a foreigner adopting a Vietnamese child, to be reviewed and decided by the Provincial People's Committee, accompanied by one set of the child's file and one set of the adoption applicant's file.

3.4.5 Pursuant to Articles 48 and 49 of the Decree, the handover of adoption can only proceed after obtaining the Decision of the Chairman of the Provincial People's Committee allowing the adoption of a Vietnamese child, with the adoption applicant being present in Vietnam to directly receive the child, and the presence of those specified in Clause 2 of Article 49 of the Decree. Delegation of handing over or receiving adoption is not accepted. If due to objective reasons (illness, work commitments, etc.) the adoption applicant cannot be present to receive the child, the handover must be postponed. In cases where both spouses apply for adoption but one of them cannot be present due to objective reasons, they must provide a power of attorney to the other spouse; the power of attorney must be confirmed by the competent authority of that country. In cases where the giver of the child for adoption is the birth parent(s) of the child, but due to objective reasons one of them cannot be present, a power of attorney must also be provided to the other; the power of attorney must be confirmed by the People's Committee of the commune where the person resides.

Representatives of the Foreign Adoption Office may attend the adoption handover ceremony as witnesses; it is absolutely forbidden for representatives of the Foreign Adoption Office to receive the child as the adoptive party.

The record of the adoption handover must include signatures of the adoptive party, the giver, the representative of the Department of Justice, and the seal of the Department of Justice.

3.4.6 Within seven days from the date of the adoption handover, the Department of Justice is responsible for sending all necessary documents to the international adoption agency as stipulated in Clause 6 of Article 49 of the Decree.

4 Registration of marriage, acknowledgment of parentage, adoption involving foreign elements in border areas.

When handling the registration of marriage, acknowledgment of parentage, and adoption involving foreign elements in border areas, the following points should be noted:

4.1 Scope and applicability:

The provisions of Chapter V of the Decree only apply to the registration of marriage, acknowledgment of parentage, and adoption between Vietnamese citizens permanently residing in communes, wards, towns in the border area of Vietnam and citizens of neighboring countries permanently residing in the border area with Vietnam (The list of communes, wards, towns in the border area is issued together with Circular No. 179/2002/TT-BQP dated January 22, 2001 of the Ministry of National Defense, attached to this Circular).

Marriages, acknowledgment of parentage, and adoptions between Vietnamese citizens permanently residing in the border area of Vietnam and citizens of neighboring countries who do not permanently reside in the border area with Vietnam, or between Vietnamese citizens who do not permanently reside in the border area of Vietnam and citizens of neighboring countries who permanently reside in the border area of Vietnam, are not within the scope and subject to regulation under Chapter V of the Decree.

4.2 Procedure and formalities for registering marriage, acknowledgment of parentage, and adoption

4.2.1 The application for marriage registration, the application for acknowledgment of parentage, and the application for adoption are uniformly applied according to the model for Vietnamese citizens residing in Vietnam as stipulated by the law on household registration.

4.2.2 The procedure and content of publicizing marriage, acknowledgment of parentage are carried out like the publicizing of marriage registration, acknowledgment of parentage between Vietnamese citizens within the country as stipulated by the law on household registration.

Specifically, the content of publicizing foreign element adoption in border areas must include information about the adoption applicant and the child such as name, gender, date of birth (age), ethnicity, nationality, place of permanent residence, occupation, and the planned time for registering the adoption.

4.2.3 The certificate of marriage, decision recognizing the acknowledgment of parentage, and decision approving the adoption are uniformly applied according to the model for Vietnamese citizens residing in Vietnam, as stipulated by the law on household registration.

III- IMPLEMENTATION PROVISIONS

1 This Circular takes effect from January 2, 2003.

2 In cases where an international treaty to which the Socialist Republic of Vietnam is a signatory or member provides different provisions than those stipulated in this Circular, the provisions of the international treaty shall be applied.

3- Pursuant to this Decree, Circular, and specific circumstances at the locality, the Department of Justice drafts a Decision of the Provincial People's Committee for submission to the Chairman of the Provincial People's Committee for promulgation of a Regulation on coordination between the Department of Justice and the Provincial Public Security Department, the Department of Labor, Invalids and Social Affairs, and other provincial departments and agencies to effectively implement the provisions of this Decree and Circular.

4- During implementation, if there are any difficulties or new matters arise, the Provincial People's Committee and the Department of Justice shall send a letter to the Ministry of Justice for timely guidance./.