Decree No. 126/2014/ND-CP detailing certain provisions and measures for implementing the Law on Marriage and Family

DECREE

Providing detailed regulations on certain provisions

and measures to implement the Law on Marriage and Family

____________________________

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Marriage and Family dated June 19, 2014;

At the proposal of the Minister of Justice,

The Government issues this Decree providing detailed regulations on certain provisions and measures to implement the Law on Marriage and Family.

PART I
SCOPE OF REGULATION AND APPLICATION OF CUSTOMS

ON MARRIAGE AND FAMILY

Article 1. Scope of Regulation

This Decree provides detailed regulations on the application of customs regarding marriage and family, property regime of spouses, resolution of matters concerning marriage and family with foreign elements, and certain measures to implement the Law on Marriage and Family.

Article 2. Principles for applying customs

1. Customs applied must be rules of conduct consistent with Clause 4, Article 3 of the Law on Marriage and Family.

2. Application of customs must comply with the conditions stipulated in Article 7 of the Law on Marriage and Family.

3. Respect the agreement of the parties regarding the customs to be applied.

Article 3. Agreement on application of customs

1. The provision that the parties have no agreement under Clause 1, Article 7 of the Law on Marriage and Family means that the parties have no agreement on the application of customs and also have no other agreement on the matter to be resolved.

2. In cases where the parties have an agreement on the customs to be applied, the matter shall be resolved according to such agreement; if the parties have no agreement, it shall be resolved according to the provisions of Article 4 of this Decree.

Article 4. Resolution of marriage and family matters involving the application of customs

1. In cases where marriage and family matters are resolved with the application of customs, mediation shall be carried out in accordance with the law on mediation at the grassroots level, encouraging the participation of respected persons in the community and religious dignitaries in mediation.

2. In cases where mediation fails or marriage and family matters involving the application of customs are not within the scope of grassroots mediation, the court shall resolve such matters in accordance with the civil procedure law.

Article 5. Propaganda and mobilization of the people on the application of customs

1. Relevant ministries, sectors, and People's Committees at all levels shall cooperate with the Vietnam Fatherland Front to build and implement the following policies and measures:

a) Creating favorable conditions for citizens to comply with laws on marriage and family; promoting good traditions and customs reflecting the identity of each ethnic group, eliminating backward customs related to marriage and family;

b) Strengthening propaganda and dissemination of laws on marriage and family, mobilizing citizens to promote good traditions and customs and eliminate backward customs related to marriage and family;

c) Educating young generations to preserve and develop languages, scripts, and cultural values in good customs of each ethnic group.

2. Backward customs related to marriage and family are customs contrary to the basic principles of the marriage and family system stipulated in Article 2 of the Law on Marriage and Family or violating prohibitions stipulated in Clause 2, Article 5 of the Law on Marriage and Family.

This Decree annexes a list of backward customs related to marriage and family to be mobilized for elimination or prohibition of application.

Article 6. Responsibility for building the list of applicable customs

1. Within three years from the date this Decree takes effect, Provincial People's Committees (hereinafter referred to as Provincial People's Committee) shall be responsible for building and submitting to the same-level People's Council for approval a list of customs regarding marriage and family to be applied in their locality.

2. Based on the actual implementation of customs regarding marriage and family in their locality, Provincial People's Committees shall submit to the same-level People's Council for amendment and supplementation of the list of customs already issued.

Chapter II
PROPERTY REGIME OF SPOUSES

Section 1
GENERAL PROVISIONS

Article 7. Application of the property regime for spouses as prescribed by law

The property regime for spouses as prescribed by law shall be applied in cases where the spouses do not choose to apply the property regime according to their agreement or have an agreement on the property regime but such agreement is declared void by the Court pursuant to Article 50 of the Marriage and Family Law.

Article 8. A third party acting in good faith when establishing, performing transactions with a spouse related to bank accounts, securities accounts, other movable properties that are not required by law to be registered for ownership rights

A third party who establishes, performs transactions with a spouse related to bank accounts, securities accounts, other movable properties that are not required by law to be registered for ownership rights shall be deemed to act in bad faith in the following cases:

1. Has been provided information by the spouse in accordance with Article 16 of this Decree but still establishes, performs transactions contrary to such information;

2. The spouses have publicly agreed in accordance with relevant laws on the possession, use, disposition of assets and the third party knows or must know but still establishes, performs transactions contrary to the spouses' agreement.

Section 2
PROPERTY REGIME FOR SPOUSES AS PRESCRIBED BY LAW

Article 9. Other lawful income of the spouses during the marriage period

1. Prize money, lottery winnings, allowances, except in cases stipulated in Clause 3, Article 11 of this Decree.

2. Property that the spouses acquire ownership rights over in accordance with the Civil Code regarding unclaimed property, buried objects, sunken objects, lost objects, stray animals, lost aquatic animals.

3. Other lawful income as prescribed by law.

Article 10. Income and profits arising from the separate property of the spouses

1. Income arising from the separate property of the spouses is natural produce obtained from their own separate property.

2. Profits arising from the separate property of the spouses are gains obtained from exploiting their own separate property.

Article 11. Other separate property of the spouses as prescribed by law

1. Property rights to intellectual property objects as prescribed by intellectual property laws.

2. Property that the spouses acquire separate ownership rights over according to court judgments or decisions or decisions of competent authorities.

3. Allowances and benefits that the spouses receive according to laws on preferential treatment for persons meritorious to the revolution; other property rights attached to personal status of the spouses.

Article 12. Registration of common property of spouses

1. Common property of spouses must be registered in accordance with Article 34 of the Marriage and Family Law, including land use rights, other properties that the law requires registration of use rights and ownership rights.

2. For common property of spouses already registered and recorded under the name of one spouse, the spouses have the right to request the competent authority to issue a new certificate of ownership or land use rights recording the names of both spouses.

3. In cases where common property is divided during the marriage period and the certificate of ownership or land use rights records the names of both spouses, the party receiving the division of the property in kind has the right to request the property registration authority to reissue the certificate of ownership or land use rights based on the spouses' agreement or the court's decision on dividing the common property.

Article 13. Possession, use, and disposition of joint property of spouses

1. The possession, use, and disposition of joint property shall be agreed upon by the spouses. In cases where a spouse establishes or performs transactions related to joint property to meet the essential needs of the family, it shall be deemed to have the consent of the other spouse, except for cases stipulated in Clause 2 of Article 35 of the Marriage and Family Law.

2. If a spouse disposes of joint property in violation of the provisions of Clause 2 of Article 35 of the Marriage and Family Law, the other spouse has the right to request the court to declare the transaction void and resolve the legal consequences of the void transaction.

Article 14. Consequences of dividing joint property of spouses during marriage

1. Dividing joint property of spouses during marriage does not terminate the property regime of spouses as prescribed by law.

2. From the effective date of the division of joint property of spouses, if there is no other agreement between the spouses, the portion of property divided; profits and income generated from that property; profits and income generated from other separate properties of the wife or husband shall be considered separate property of the wife or husband.

3. From the effective date of the division of joint property of spouses, if the property obtained from exploiting separate property of the wife or husband cannot be determined whether it is income from labor or business activities of the wife or husband or profits and income generated from that separate property, such property shall be considered joint property of the spouses.

Section 3
PROPERTY REGIME OF SPOUSES UNDER AGREEMENT

Article 15. Determination of Spouses' Property Under Agreement

1. In cases where the spouses choose to apply the property regime under agreement, the spouses may agree on determining property according to one of the following contents:

a) Property between the wife and husband includes joint property and separate property of the wife and husband;

b) Between the wife and husband, there is no separate property of the wife and husband, and all property acquired before marriage or during the marriage period belongs to joint property;

c) Between the wife and husband, there is no joint property, and all property acquired before marriage and during the marriage period belongs to the separate ownership of the person who acquires the property;

d) Determined according to other agreements of the spouses.

2. Agreements regarding the property of spouses must comply with the provisions of Articles 29, 30, 31, and 32 of the Marriage and Family Law. If violated, persons with rights and interests may request the court to declare the agreement void according to the provisions of Article 50 of the Marriage and Family Law.

Article 16. Provision of Information on the Property Regime of Spouses Under Agreement in Transactions with Third Parties

When the property regime of spouses under agreement is applied, when establishing or performing transactions, the spouses have the obligation to provide third parties with relevant information; if the spouses fail to fulfill this obligation, the third party shall be deemed to be in good faith and their rights shall be protected according to the provisions of the Civil Code.

Article 17. Amendment and Supplement of the Content of the Property Regime of Spouses

1. In cases where the property regime of spouses under agreement is applied, during the marriage period, the spouses have the right to agree to amend or supplement part or all of the content of that property regime or to apply the statutory property regime.

2. Agreements amending or supplementing the content of the property regime of spouses must be notarized or certified in accordance with the provisions of the law.

Article 18. Consequences of Amending and Supplementing the Property Regime of Spouses

1. The agreement to amend and supplement the property regime of spouses shall take effect from the date it is notarized or authenticated. The spouses have the obligation to provide third parties with relevant information as stipulated in Article 16 of this Decree.

2. Rights and obligations regarding property arising before the effective date of amending and supplementing the property regime of spouses shall retain their legal validity, except where the parties have agreed otherwise.

Chapter III
INTERNATIONAL FAMILY RELATIONS

Article 19. Competence for Registering Marriage

1. The People's Committee of the province where a Vietnamese citizen is registered as a resident shall register marriage between a Vietnamese citizen and a foreigner, or between two Vietnamese citizens if at least one party resides abroad.

In cases where a Vietnamese citizen does not have a permanent residence registration but has a temporary residence registration as prescribed by the law on residence, the People's Committee of the province where the Vietnamese citizen is temporarily registered shall carry out the registration of marriage.

2. In cases where foreigners request registration of marriage in Vietnam, the People's Committee of the province where one of the parties is registered as a resident shall register the marriage; if neither party is registered as a resident in Vietnam, the People's Committee of the province where one of the parties is registered as a temporary resident shall register the marriage.

3. Diplomatic agencies, consular agencies, and other agencies authorized to perform consular functions of Vietnam abroad (hereinafter referred to as Diplomatic Agencies) shall register marriage between a Vietnamese citizen and a foreigner, provided that such registration does not contravene the laws of the host country.

In cases where Vietnamese citizens residing abroad wish to marry each other, the Overseas Representative Office shall carry out the registration of marriage if requested.

Article 20. Documents for Registering Marriage

1. The documents for registering marriage shall be compiled into one set, including the following papers:

a) A marriage registration application form for each party according to the prescribed model;

b) A certificate of marital status or a marriage registration application form with a certificate of marital status issued to Vietnamese citizens within six months prior to the date of submission of the documents; proof of marital status of foreigners issued by the competent authority of the country of which they are citizens within six months prior to the date of submission of the documents, confirming that the person is currently unmarried or widowed. If the foreign law does not provide for issuing a certificate of marital status, it may be replaced by a sworn statement confirming that the person is currently unmarried or widowed, in accordance with the law of that country;

c) A certificate issued by a competent health organization in Vietnam or abroad within six months prior to the date of submission of the documents, confirming that the person does not suffer from mental illness or any other disease that impairs their ability to understand and control their actions;

d) For Vietnamese citizens who have divorced through a competent authority abroad, or for foreigners who have divorced a Vietnamese citizen through a competent authority abroad, they must submit a certificate recorded in the household register confirming the resolution of the divorce abroad in accordance with Vietnamese law;

đ) A copy of the household register or temporary residence certificate (for Vietnamese citizens residing in the country), Resident Permit or Temporary Resident Permit or Temporary Residence Certificate (for foreigners permanently or temporarily residing in Vietnam who marry each other).

2. In addition to the documents specified in Clause 1 of this Article, depending on the circumstances, the male or female party must submit corresponding documents as follows:

a) For Vietnamese citizens serving in armed forces or working directly related to state secrets, they must submit a certificate from a central or provincial management agency confirming that their marriage to a foreigner will not affect the protection of state secrets or will not contravene the regulations of their profession;

b) For Vietnamese citizens holding dual nationality, they must also provide proof of marital status issued by a competent authority of a foreign country;

c) For foreigners not permanently residing in Vietnam, they must also provide a certificate confirming that they meet the conditions for marriage issued by a competent authority of the country of which they are citizens, except where the law of that country does not provide for issuing such a certificate.

Article 21. Procedures for submission and acceptance of registration files

1. The marriage registration file shall be submitted directly to the Department of Justice by either party if registering a marriage in Vietnam, or to the Representative Office if registering a marriage at the Representative Office.

2. The staff member responsible for accepting the file shall check the documents in the file. If the file is complete and valid, they shall issue a receipt for the file, clearly stating the interview date and the date the result will be returned.

In cases where the submitted file is incomplete or invalid, the staff receiving the file shall guide the male and female parties to supplement and complete the file. Such guidance must be recorded in writing, specifying clearly the types of documents required to be supplemented and completed; the staff receiving the file shall sign and write their full name, then hand over the document to the person submitting the file.

In cases where the person requesting to submit the file does not submit it to the competent authority as prescribed in Clause 1 Article 19 of this Decree, the staff receiving the file shall be responsible for guiding the person to submit the file to the competent authority.

3. The procedures for accepting registration files as stipulated in Clause 2 of this Article shall also apply when accepting files for recognition of parentage, issuance of certificates of marital status, acknowledgment of marriage, recording the act of recognizing parentage in the household register, recording the act of divorce or annulment of illegal marriages resolved abroad according to this Decree, except for the provision regarding the interview date.

Article 22. Time limit for resolving marriage registration

1. The time limit for resolving marriage registration in Vietnam shall not exceed twenty-five days from the date the Department of Justice receives a complete and valid file and fees.

In cases where the Department of Justice requests the police agency to verify as prescribed in Clause 2 Article 23 of this Decree, the deadline may be extended by no more than ten days.

2. The time limit for resolving marriage registration at the Representative Office shall not exceed twenty days from the date the Representative Office receives a complete and valid file and fees.

In cases where the Overseas Representative Office requests domestic agencies to verify as prescribed in Clause 2 Article 25 of this Decree, the deadline may be extended by no more than thirty-five days.

Article 23. Procedure for resolving marriage registration in Vietnam

1. Within fifteen days from the date of receiving the file, the Department of Justice shall be responsible for:

a) Interviewing both male and female parties directly at the Department of Justice's office to verify and clarify their personal circumstances, willingness to marry, purpose of marriage, and understanding of each other's family and personal circumstances; language, customs, traditions, culture, and family laws of each country. In cases requiring an interpreter for the interview, the Department of Justice shall designate an interpreter.

The interview results must be documented in writing. The interviewer must state their recommendation and sign the interview document; the interpreter (if any) must certify the accurate translation of the interview content and sign the interview document.

b) If the interview results show that the parties have insufficient knowledge about each other's circumstances, the Department of Justice shall reschedule the interview; the rescheduled interview shall be conducted within thirty days from the previous interview date;

c) Studying and examining the marriage registration file; in cases of doubt or complaints alleging marriage through intermediaries for profit, fake marriages, exploitation of marriage for human trafficking, labor exploitation, sexual abuse, or other fraudulent purposes, or if there are issues requiring clarification regarding the personal circumstances of the male or female party or the documents in the marriage registration file, the Department of Justice shall investigate and clarify.

2. In cases where the issues requiring verification fall under the jurisdiction of the police, the Department of Justice shall issue a document detailing the issues requiring verification, along with a copy of the marriage registration file, to the same-level police agency requesting verification.

Within seven working days from the date of receiving the document from the Department of Justice, the police agency shall verify the requested issue and reply in writing to the Department of Justice.

If the police agency fails to provide a written response within the verification period prescribed in this Article, the Department of Justice shall still complete the file, propose recommendations for review and decision by the Chairman of the Provincial People's Committee, clearly stating the issue requested to be verified by the police agency.

3. After interviewing both male and female parties, studying and examining the marriage file, and considering the opinion of the police agency (if applicable), the Department of Justice shall report the results and propose a resolution for the marriage registration, submitting it to the provincial People's Committee for decision, accompanied by the marriage registration file.

Within five working days from the date of receiving the document submitted by the Department of Justice along with the marriage registration file, if it is determined that both male and female parties meet the conditions for marriage and do not fall under the circumstances for refusing to register marriage as prescribed in Article 26 of this Decree, the Chairman of the Provincial People's Committee shall sign the Certificate of Marriage and return the file to the Department of Justice to organize the marriage registration ceremony.

In cases where marriage registration is refused, the Provincial People's Committee shall issue a document clearly stating the reasons and send it to the Department of Justice to inform the male and female parties.

4. In cases of marriage between Vietnamese citizens residing abroad or between foreigners in Vietnam, the interview procedure stipulated in Clause 1 of this Article shall not be applied.

Article 24. Marriage Registration Ceremony in Vietnam

1. Within five working days from the date the Chairman of the provincial People's Committee signs the Certificate of Marriage, the Department of Justice shall organize the marriage registration ceremony.

2. The marriage registration ceremony shall be solemnly organized at the Department of Justice's office.

When organizing the marriage registration ceremony, both male and female parties must be present. The representative of the Department of Justice shall preside over the wedding, requiring both parties to affirm their voluntary agreement to marry. If both parties agree to marry, the representative of the Department of Justice shall record the marriage in the Marriage Registration Book, require each party to sign the Certificate of Marriage and the Marriage Registration Book, and hand over one original copy of the Certificate of Marriage to each party.

3. The Certificate of Marriage shall take effect from the date of the marriage registration ceremony as prescribed in Clause 2 of this Article.

Issuing copies of the Certificate of Marriage from the Marriage Registration Book shall be carried out by the Department of Justice upon request.

4. In cases where there are legitimate reasons for the male and female parties to request an extension of the time to organize the marriage registration ceremony as stipulated in Clause 1 of this Article, the date of the marriage registration ceremony may be extended, but not exceeding ninety days from the date the Chairman of the provincial People's Committee signs the Certificate of Marriage. If the male and female parties do not attend the marriage registration ceremony within ninety days, the Department of Justice shall report to the Chairman of the provincial People's Committee on the failure to organize the ceremony; the Certificate of Marriage shall be kept in the file.

If both parties still wish to marry each other, they must start the marriage registration procedure again from the beginning.

Article 25. Procedure for Registering Marriage at Overseas Representative Office

1. Within fifteen days from the date of receiving complete valid files and fees, the Overseas Representative Office shall be responsible for:

a) Conducting direct interviews with both male and female parties at the office premises in accordance with the procedures and formalities stipulated in Points a and b Clause 1 Article 23 of this Decree;

b) Studying and examining the marriage registration file; in cases of doubt or complaints about marriage through intermediaries for profit-making purposes, fake marriages, using marriage to buy and sell people, exploit labor, commit sexual offenses, or other fraudulent purposes, or if there are issues requiring clarification regarding the personal status of either party or the documents in the marriage registration file, the Overseas Representative Office shall verify and clarify such issues;

c) If it is determined that both male and female parties meet the conditions for marriage and do not fall under the circumstances for refusing to register marriage as prescribed in Article 26 of this Decree, the head of the Overseas Representative Office shall sign the Certificate of Marriage.

In cases where marriage registration is refused, the Overseas Representative Office shall notify the male and female parties in writing, clearly stating the reasons for refusal.

2. In cases where issues requiring verification fall within the functions of relevant agencies in the country, the Overseas Representative Office shall issue a document clearly stating the issues requiring verification and send it to the Ministry of Foreign Affairs to request relevant agencies to verify according to their specialized functions.

Within ten working days from the date of receiving the document from the Ministry of Foreign Affairs, the relevant domestic agency shall conduct verification of the requested issue and reply in writing to the Ministry of Foreign Affairs to forward to the Overseas Representative Office.

3. The marriage registration ceremony shall be organized within five working days from the date the head of the Overseas Representative Office signs the Certificate of Marriage.

The marriage registration ceremony shall be solemnly organized at the office of the Representative Authority. Both male and female parties must be present when organizing the marriage registration ceremony. A representative of the Representative Authority shall preside over the wedding, requiring both parties to affirm their voluntary intention to marry. If both parties agree to marry, the representative of the Representative Authority shall record the marriage in the Marriage Registration Book, request each party to sign on the Certificate of Marriage, the Marriage Registration Book, and hand over one original copy of the Certificate of Marriage to each party.

4. The Certificate of Marriage becomes effective from the date of the marriage registration ceremony conducted according to the ritual prescribed in Clause 3 of this Article. Issuing copies of the Certificate of Marriage from the Marriage Registration Book shall be carried out by the Overseas Representative Office upon request.

5. In cases where there are legitimate reasons for the male and female parties to request an extension of the time for organizing the marriage registration ceremony as prescribed in Clause 3 of this Article, the ceremony may be postponed but not exceeding ninety days from the date the head of the Overseas Representative Office signs the Certificate of Marriage.

After this period, if the male and female parties do not come to organize the marriage registration ceremony, the Certificate of Marriage will lose its validity, and the Representative Authority shall retain the Certificate of Marriage in the file.

If both parties still wish to marry each other, they must start the marriage registration procedure again from the beginning.

Article 26. Refusal to Register Marriage

1. The competent authority for registering marriage shall refuse to register marriage in the following cases:

a) One or both parties do not meet the conditions for marriage as prescribed by the Law on Marriage and Family of Vietnam;

b) The foreign citizen party does not meet the conditions for marriage as prescribed by the laws of the country of which they are citizens;

c) The male and female parties do not provide complete files as prescribed in Article 20 of this Decree.

2. Registration of marriage shall be refused if the results of interviews, examinations, and verifications show that the marriage was arranged through intermediaries for profit-making purposes; fake marriages not aimed at building a warm, equal, progressive, happy, and stable family; exploiting marriage for the purpose of buying and selling people, exploiting labor, committing sexual offenses, or for other fraudulent purposes.

VIETNAMESE CITIZENS RESIDING IN THE COUNTRY TO REGISTER FOR

MARRIAGE WITH FOREIGNERS AT FOREIGN AUTHORITIES WITH COMPETENT AUTHORITY

ABROAD

Article 27. Competence for issuing certificate of marital status

The People's Committee of the commune where the Vietnamese citizen is registered for permanent residence shall issue a certificate of marital status for that person to proceed with the registration of marriage with a foreigner at the competent authority of the foreign country abroad.

In cases where Vietnamese citizens do not have a permanent residence registration but have a temporary residence registration in accordance with the law on residence, the People's Committee of the commune where they are registered for temporary residence shall issue a certificate of marital status for them.

Article 28. Procedures for issuing certificate of marital status

1. The dossier for issuing the certificate of marital status shall consist of one set, including the following documents:

a) Application form for certificate of marital status according to the prescribed model;

b) A copy of one of the documents proving personal identity such as Identity Card, Passport, or other valid substitute documents;

c) A copy of household registration book or temporary residence book of the applicant.

If a Vietnamese citizen has divorced at a foreign competent authority, they must submit a confirmation recorded in the household register of the divorce resolution made abroad in accordance with Vietnamese law.

2. The dossier for issuing the certificate of marital status shall be submitted directly by the applicant to the People's Committee of the commune with competent authority.

3. Within two working days from the date of receiving a complete and valid dossier and fees, the People's Committee of the commune shall check the personal identity and marital status of the person requesting the issuance of the certificate of marital status; report the results of the verification and specify any issues requiring consultation, and send them to the Department of Justice along with a copy of the dossier.

4. Within ten working days from the date of receiving the dossier and accompanying documents from the People's Committee of the commune, the Department of Justice shall take the following actions:

a) Verify the legality and completeness of the dossier for issuing the certificate of marital status. In cases where it is necessary to clarify personal identity, marital status, marriage conditions, and marriage purposes of the person requesting the issuance of the certificate of marital status, the Department of Justice shall conduct investigations;

b) Require Vietnamese citizens to be present at the Department of Justice's office for interviews to clarify their voluntariness, marriage purposes, and understanding of the Vietnamese citizen about the family circumstances, personal circumstances of the foreigner, language, customs, traditions, culture, and family law of the country or region where the foreigner resides;

c) Require the foreign party to come to Vietnam for interviews to clarify, if the verification, investigation, and interview results show that the Vietnamese citizen does not understand the family circumstances, personal circumstances of the foreigner; does not understand the language, customs, traditions, culture, and family law of the country or region where the foreigner resides, or the Vietnamese citizen declares that they will not be present to register the marriage at the competent authority of the foreign country abroad.

Where interpretation services are required for the interview, the Department of Justice shall designate an interpreter.

The interview results must be documented in writing. The interviewer must clearly state their recommendation and sign the interview document; the interpreter (if any) must commit to accurately translating the interview content and sign the interview document.

Based on the results of verification, investigation, and interview, the Department of Justice shall issue a document to respond to the People's Committee of the commune to issue a certificate of marital status for the applicant.

In cases of refusal to process, the Department of Justice shall explain the reasons clearly in the document sent to the People's Committee of the commune to inform the applicant.

5. Within two working days from the date of receiving the response from the Department of Justice, the Chairman of the People's Committee of the commune shall issue the certificate of marital status to the applicant or issue a notification refusing to issue the certificate of marital status, specifying the reasons.

Article 29. Refusal to issue a certificate of marital status for Vietnamese citizens residing in Vietnam to marry foreigners at foreign competent authorities

The application for issuance of a certificate of marital status for Vietnamese citizens residing in Vietnam to marry foreigners at foreign competent authorities shall be refused in the following cases:

1. Vietnamese citizens apply for issuance of a certificate of marital status to marry foreigners at diplomatic missions or consular offices of foreign countries in Vietnam;

2. The results of verification show that the marital status of the Vietnamese citizen does not match the declaration in the file; the parties do not meet the conditions for marriage as stipulated by the Law on Marriage and Family of Vietnam;

3. The interview results indicate that both parties have not understood each other's family circumstances, personal circumstances, language, customs, traditions, culture, and laws regarding marriage and family of each country;

4. The marriage is arranged through intermediaries for profit; it is a fake marriage not aimed at building a warm, equal, progressive, happy, and stable family; exploiting marriage for purposes such as trafficking people, exploiting labor, sexual assault, or other forms of profiteering.

Article 30. Conditions for Acknowledgment of Parentage and Children

1. The acknowledgment of parentage between Vietnamese citizens and foreigners, between Vietnamese citizens if at least one party resides abroad, and between foreigners if at least one party is permanently resident in Vietnam under this Decree can only be carried out if both the party acknowledging and the party being acknowledged are alive at the time of filing the application; the acknowledgment of parentage must be voluntary and without dispute over the acknowledgment.

In cases where one or both parties are no longer living at the time of submitting the application or there is a dispute over determining parentage and child, the matter shall be resolved by the Court.

2. In cases where the child being acknowledged is a minor, there must be the consent of the mother or father, except in cases where the mother or father is deceased, missing, or incapacitated. If the minor child is nine years old or older, the acknowledgment of parentage must have the consent of the child.

3. An adult child acknowledging a father does not require the consent of the mother, and acknowledging a mother does not require the consent of the father.

4. In cases where a minor child acknowledges a father, the mother shall handle the acknowledgment procedures for the child; for a mother, the father shall handle the acknowledgment procedures for the child. In cases where a minor child acknowledges a father and the mother is deceased, missing, or incapacitated, or acknowledges a mother and the father is deceased, missing, or incapacitated, the guardian shall handle the acknowledgment procedures for the father or mother for the child.

Article 31. Competence to Register Acknowledgment of Parentage and Child

1. The Department of Justice at the place of permanent residence registration of the person being acknowledged as parent or child shall recognize and register the acknowledgment of parentage and child.

In cases where the person being acknowledged as parent or child is a Vietnamese citizen without a permanent residence registration but with a temporary residence registration as prescribed by the law on residence, the Department of Justice at the place of temporary residence registration of that person shall recognize and register the acknowledgment of parentage and child.

2. The representative agency in the receiving country shall recognize and register the acknowledgment of a foreign citizen adopting a Vietnamese citizen residing in that country as parent or child, provided that such registration does not contravene the laws of the receiving country.

In cases where a Vietnamese citizen residing abroad acknowledges another Vietnamese citizen residing abroad as parent or child, the representative agency in the country where one of the two parties resides shall recognize and register the acknowledgment of parentage and child.

Article 32. Documents for Acknowledgment of Parentage and Child

1. The documents for acknowledgment of parentage and child shall be compiled into one set, including the following papers:

a) A declaration form for registering acknowledgment of parentage and child according to the prescribed model;

b) A copy of one of the papers proving personal identity, such as Identity Card or Passport (for Vietnamese citizens residing within the country), Passport or substitute documents like Travel Document or Residence Card (for foreigners and Vietnamese citizens residing abroad);

c) A copy of Birth Certificate of the person being acknowledged as child in the case of acknowledging a child; of the person acknowledging parent in the case of requesting to acknowledge parent;

d) Other documents or evidence proving the relationship between parent and child;

đ) A copy of Household Registration Book or Temporary Residence Book (for Vietnamese citizens residing within the country), a copy of Permanent Resident Card (for foreigners permanently residing in Vietnam) of the person being acknowledged as parent or child.

2. The documents for acknowledgment of parentage and child must be submitted directly by the applicant to the competent authority as stipulated in Article 31 of this Decree.

Article 33. Time Limit for Resolving Acknowledgment of Parentage and Child

The time limit for resolving acknowledgment of parentage and child shall not exceed twenty-five days from the date the Department of Justice or the representative agency receives complete valid documents and fees.

In cases where verification is required as stipulated in Clause 3 of Article 34 or Point a of Clause 1 of Article 35 of this Decree, the above time limit may be extended by up to ten working days.

Article 34. Procedure for Resolving Acknowledgment of Parentage and Child in Vietnam

1. After receiving complete valid documents and fees, the Department of Justice shall be responsible for studying and examining the documents, posting the acknowledgment of parentage and child at its office for seven working days, and simultaneously sending a letter to the People's Committee of the commune where the person being acknowledged as parent or child resides, requesting them to post the acknowledgment of parentage and child.

2. Upon receipt of the letter from the Department of Justice, the People's Committee of the commune shall be responsible for posting the acknowledgment of parentage and child for seven working days at their office. If there are complaints or reports about the acknowledgment of parentage and child, the People's Committee of the commune must immediately report to the Department of Justice.

3. In cases of doubt or complaints or reports about the acknowledgment of parentage and child, or if there are issues requiring clarification regarding the personal identity of the parties involved or the documents in the file, the Department of Justice shall conduct verification.

4. Based on examination and verification, if it is found that the parties involved meet all conditions for acknowledgment of parentage and child, the Director of the Department of Justice shall sign the Decision recognizing the acknowledgment of parentage and child.

In cases where recognition of acknowledgment of parentage and child is refused, the Department of Justice shall notify the applicant in writing, specifying the reasons for refusal.

5. Within five working days from the date the Director of the Department of Justice signs the Decision recognizing the acknowledgment of parentage and child, except in cases where the parties have legitimate reasons to request a different time frame, the Department of Justice shall record the acknowledgment of parentage and child in the registry and deliver the Decision recognizing the acknowledgment of parentage and child to the parties involved. When delivering the Decision recognizing parentage and child, both the party acknowledging and the party being acknowledged must be present.

Article 35. Procedure for Resolving Acknowledgment of Parentage and Child at Representative Agencies

1. Within twenty days from the date of receiving complete valid documents and fees, the representative agency shall be responsible for:

a) Studying and examining the documents for acknowledgment of parentage and child; in cases of doubt or complaints or reports about the acknowledgment of parentage and child, or if there are issues requiring clarification regarding the personal identity of the parties involved or the documents in the file, the representative agency shall conduct verification;

b) If it is found that the applicants meet all conditions for acknowledgment of parentage and child, the head of the representative agency shall sign the Decision recognizing the acknowledgment of parentage and child.

In cases where recognition of acknowledgment of parentage and child is refused, the representative agency shall send a written notification to the applicant, specifying the reasons for refusal.

2. Within five working days from the date the head of the representative agency signs the Decision recognizing the acknowledgment of parentage and child, except in cases where the parties have legitimate reasons to request a different time frame, the representative agency shall record the acknowledgment of parentage and child in the registry and deliver the Decision recognizing the acknowledgment of parentage and child to the parties involved. When delivering the Decision recognizing parentage and child, both the party acknowledging and the party being acknowledged must be present.

OF PARENT AND CHILD OF VIETNAMESE CITIZENS WHO HAVE BEEN RESOLVED

AT THE COMPETENT AUTHORITY OF ANOTHER COUNTRY

Article 36. Conditions and Forms for Recognizing Marriages of Vietnamese Citizens that Have Been Resolved by Competent Authorities Abroad

1. A marriage between Vietnamese citizens or between a Vietnamese citizen and a foreigner that has been resolved by a competent authority abroad shall be recognized in Vietnam if it meets the following conditions:

a) The marriage complies with the laws of the foreign country;

b) At the time of marriage, both parties comply with the marriage conditions stipulated in the Law on Marriage and Family of Vietnam.

In cases where there is a violation of Vietnamese marriage conditions, but at the time of requesting recognition of the marriage, the consequences of that violation have been remedied or the recognition of the marriage is beneficial for protecting the rights of women and children, then that marriage will also be recognized in Vietnam.

2. The recognition of marriages as prescribed in Clause 1 of this Article shall be recorded in the Marriage Registration Book according to the procedures specified in Article 38 of this Decree.

Article 37. Authority to Record Marriages and Recognition of Parentage in Household Registers for Vietnamese Citizens Whose Marriages or Recognition of Parentage Has Been Resolved by Foreign Competent Authorities

1. The Department of Justice at the place of permanent residence registration of the Vietnamese citizen shall record the marriage of the Vietnamese citizen that has been resolved by a foreign competent authority abroad (hereinafter referred to as recording the marriage), and record the recognition of parentage of the Vietnamese citizen that has been resolved by a foreign competent authority in the household register (hereinafter referred to as recording the recognition of parentage). In cases where the Vietnamese citizen does not have a permanent residence registration but has a temporary residence registration in accordance with the law on residence, the Department of Justice at the place of temporary residence registration of the Vietnamese citizen shall carry out such tasks.

2. The representative office shall record the marriage and recognition of parentage of Vietnamese citizens residing in the receiving country.

Article 38. Documents, Procedures, and Formalities for Recording Marriages

1. The documents for recording marriages shall be compiled into one set, including the following papers:

a) An application form for recording marriages according to the prescribed model;

b) A copy of the certificate of marriage issued by a foreign competent authority;

c) A copy of one of the identity papers such as Identity Card, Passport, or other valid substitute documents;

d) A copy of the household register or temporary residence book of the person making the request.

In cases where a Vietnamese citizen requests the recognition of a marriage with a foreigner, and before that, the Vietnamese citizen or the foreigner has divorced a Vietnamese citizen at a competent authority of a foreign country, they must submit a certificate recording the divorce in the household registration book that was resolved abroad according to Vietnamese law.

2. The documents for recording marriages must be submitted directly to the competent authority by one of the two parties to the marriage in accordance with Article 37 of this Decree.

3. The processing period for recording marriages is five working days from the date when the Department of Justice or the representative office receives complete and valid documents and fees. If verification is required, the deadline may be extended by up to five additional working days.

In cases where the recording of the marriage in the household registration book is refused, the Department of Justice or the representative agency shall respond in writing to the person making the request, clearly stating the reasons.

4. After recording the marriage, the Director of the Department of Justice or the head of the representative office shall sign and issue a confirmation of the marriage registration to the person requesting it, according to the prescribed model.

Article 39. Refusal to Record Marriages

The request for recording the marriage in the household registration book will be refused if it falls under any of the following circumstances:

1. The marriage does not meet the conditions stipulated in Clause 1 of Article 36 of this Decree;

2. Using false documents, altered, or erased documents to process certificates of marital status, marriage, or recording of marriages;

3. The People's Committee of the commune does not seek the opinion of the Department of Justice before issuing a certificate of marital status to a citizen as prescribed in Article 28 of this Decree, and the Vietnamese citizen does not meet the marriage conditions at the time of requesting the certificate of marital status, or the marital status of the Vietnamese citizen is confirmed incorrectly.

Article 40. Documents, procedures, and formalities for recording the recognition of parent-child relationships in the household registration book

1. The documents for recording the recognition of parent-child relationships in the household registration book shall be established in one set, including the following papers:

a) A declaration form for recording the recognition of parent-child relationships according to the prescribed model;

b) A copy of the document recognizing the parent-child relationship issued by the competent authority of a foreign country;

c) A copy of one of the papers proving the identity of the person making the request such as Identity Card, Passport, or other valid substitute documents;

d) A copy of the household register or temporary residence book of the person making the request.

2. The documents for recording the recognition of parent-child relationships in the household registration book must be submitted directly by the person making the request at the competent authority specified in Article 37 of this Decree.

3. Within five working days from the date of receiving complete and valid documents and fees, the Department of Justice or the representative agency shall review the documents. In cases where verification is required, the deadline may be extended by no more than five additional working days.

If the documents are found to be complete and valid, the Department of Justice or the representative agency shall record the recognition of parent-child relationships; the Director of the Department of Justice or the head of the representative agency shall sign and issue a confirmation certificate for the recorded parent-child relationship registration at the competent authority of a foreign country according to the prescribed model.

VIOLATIONS OF LAW ALREADY RESOLVED ABROAD

Article 41. Conditions for recording the dissolution of marriage that has been resolved abroad in the household registration book

The divorce judgment, divorce decision, divorce agreement, or other document recognizing the divorce issued by a competent authority of a foreign country does not require enforcement in Vietnam or there is no request to refuse recognition in Vietnam.

Article 42. Competence for recording the dissolution of marriage that has been resolved abroad in the household registration book

1. The Department of Justice within the province or centrally-administered city where the person making the request previously registered their marriage or recorded the marriage shall carry out the recording of the dissolution of marriage that has been resolved abroad in the household registration book.

The Department of Justice shall base on the declaration recorded in the Household Register regarding the divorce resolved abroad by the person requesting it, and the Household Register currently being kept to determine the place of marriage registration or record the previous marriage.

2. In cases where a Vietnamese citizen residing abroad returns to reside permanently in Vietnam and requests the recording of the dissolution of marriage, and the previous marriage was registered at the representative agency or a competent authority of a foreign country, the recording of the dissolution of marriage shall be carried out at the Department of Justice where the Vietnamese citizen resides.

3. In cases where a Vietnamese citizen currently residing abroad requests the recording of the dissolution of marriage, and the previous marriage was registered at the representative agency or a competent authority of a foreign country without being recorded in the household registration book at a Vietnamese competent authority, the recording of the dissolution of marriage shall be carried out at the Department of Justice where the Vietnamese citizen resided prior to departure, provided that the recording of the dissolution of marriage does not aim at remarriage.

In cases where recording in the Household Register the divorce is for the purpose of marriage, the authority to record the divorce in the Household Register belongs to the Department of Justice at the location where the person requesting submits the marriage registration application.

Article 43. Cases requiring registration in the household register of divorces resolved abroad

1. The following cases must go through procedures to register in the household register divorces that have been resolved abroad:

a) Vietnamese citizens who have divorced abroad and returned to reside in Vietnam and request issuance of a certificate of marital status or marriage procedures;

b) Vietnamese citizens residing abroad who have divorced abroad and request marriage at competent authorities in Vietnam;

c) Foreigners who have divorced with Vietnamese citizens abroad and request marriage in Vietnam;

d) Cases where parties have registered marriage or noted marriage at competent Vietnamese authorities, then divorced abroad and request registration of household records at competent Vietnamese authorities.

2. Household registration offices are responsible for resolving other cases requesting registration in the household register of divorces that have been resolved abroad.

3. In cases involving multiple divorces, only the most recent divorce will be registered in the household register.

Article 44. Documents for registering in the household register of divorces resolved abroad

1. The documents for registering in the household register of divorces resolved abroad include:

a) A declaration form for registering in the household register of divorces resolved abroad according to the prescribed model;

b) A copy of the court judgment or decision on divorce from foreign courts that has taken effect; a copy of the divorce agreement recognized by foreign courts or other competent foreign authorities that has taken effect; copies of other documents recognized by foreign competent authorities regarding the divorce;

c) A copy of Identity Card, Passport, or other valid documents to prove the identity of the person making the request;

d) A copy of documents proving the authority to register the divorce in the household register.

2. The above documents shall be prepared in two sets and sent via postal service or submitted directly to the Department of Justice with jurisdiction.

The person requesting to record the divorce in the Household Register may authorize another person to perform this action. The authorization must be in writing and must be notarized or certified properly. If the authorized person is the father, mother, husband, wife, child, brother, sister, or half-sibling of the authorizing person, then there is no need for a written authorization.

Article 45. Procedure and formalities for registering in the household register of divorces resolved abroad

1. Within three working days from receiving complete and valid documents and fees, the Department of Justice sends a request for opinion from the Ministry of Justice on the conditions for registering the divorce in the household register, along with one set of documents.

2. Within seven working days from the date of receipt of the request for opinion from the Department of Justice, the Ministry of Justice examines and reviews the documents and conditions for registering the divorce in the household register.

If it is found that the divorce judgment, divorce decision, or divorce agreement meets the conditions stipulated in Article 41 of this Decree and the recording in the Household Register of the divorce is within the jurisdiction, then the Ministry of Justice will send a document agreeing to the Department of Justice to record the divorce in the Household Register according to the provisions of this Decree.

If the request to record the divorce in the Household Register does not meet the conditions or is not within the jurisdiction, the Ministry of Justice will return the file to the Department of Justice and issue a written notice stating the reasons.

3. Within three working days from the date of receipt of the approval letter from the Ministry of Justice, the Department of Justice registers in the household register and issues a confirmation certificate of registration of the divorce resolved abroad to the requester according to the prescribed model. If the conditions are not met or it is beyond the jurisdiction to register the divorce in the household register, a written response must be given and the documents returned to the requester without refunding the fee.

Article 46. Method of registering in the household register of divorces resolved abroad

1. Registration in the household register of divorces resolved abroad shall be carried out as follows:

The divorce will be recorded in the note column of the previous Marriage Registration Book. When recording, the form of the divorce document; number; date, month, year of legal effect of the divorce document; name of the court or other competent authority of a foreign country recognizing the divorce; number, date, month, year of the Ministry of Justice's approval document must be clearly stated.

In cases where the person requesting previously registered their marriage with the People's Committee of the district or commune level, after recording the divorce in the Household Register, the Department of Justice has the responsibility to notify in writing the People's Committee of the district or commune level, where the marriage was registered, to make additional notes in the Marriage Registration Book according to the regulations of the household registration law.

In cases where the person requesting previously registered their marriage with a representative office, the notification will be sent to the Ministry of Foreign Affairs to make notes in the Marriage Registration Book stored at the Ministry of Foreign Affairs (if the Marriage Registration Book has been transferred) and further notify the representative office, where the marriage was registered, to carry out the note.

2. In cases where the person requesting registration of the divorce previously married at a foreign competent authority and did not register the marriage in the household register, the Department of Justice shall simultaneously register both the marriage and divorce in the Marriage Registration Book used by the Department of Justice.

In cases where the person requesting registered their marriage with a competent authority of Vietnam but the Marriage Registration Book is no longer stored, the recording of the divorce in the Household Register will also be carried out according to the provisions of this Clause.

Article 47. Recording in the Household Register the annulment of illegal marriage resolved abroad

Recording in the Household Register the annulment of illegal marriage resolved abroad shall be implemented as prescribed for recording in the Household Register the divorce resolved abroad.

IN BORDER AREAS

Article 48. Authority for registering marriage, acknowledging parents and children

The People's Committee of the commune in border areas shall implement the registration of marriage and acknowledgment of parent-child relationships of Vietnamese citizens residing in border areas with citizens of neighboring countries residing in border areas with Vietnam according to the provisions of this Decree.

Article 49. Procedure and formalities for registering marriage

1. The marriage registration file shall be established in one set, including the following documents of each party:

a) A marriage registration declaration according to the prescribed model;

b) Certificate of marital status or a marriage registration declaration with a certificate of marital status for Vietnamese citizens; documents proving the marital status of neighboring country citizens issued by the competent authority of that country not exceeding six months from the date of receiving the file, confirming that the person is currently unmarried or divorced.

For Vietnamese citizens who have divorced at competent authorities abroad or foreigners who have divorced with Vietnamese citizens at competent authorities abroad, they must submit a certificate recording the divorce resolution in the household registry book according to the provisions of this Decree.

2. The marriage registration file shall be submitted directly to the People's Committee of the commune where the marriage is registered by one of the two parties getting married.

3. The person submitting the file must present the following documents:

a) Border identification card for Vietnamese citizens; if there is no border identification card, they must present documents proving permanent residence in the border area along with other identity documents for verification;

b) Identity documents or other documents for citizens of neighboring countries issued by the competent authority of that country to prove that the person usually resides in the border area with Vietnam.

4. Within fifteen days from the date of receiving complete and valid files, the People's Committee of the commune shall have the responsibility to review the file. After reviewing the file, the People's Committee of the commune shall send a letter to the Department of Justice to seek opinions, accompanied by a copy of the file.

5. Within five working days from the date of receipt of the letter seeking opinions from the People's Committee of the commune, the Department of Justice shall examine the file and reply in writing to the People's Committee of the commune.

6. Within seven working days from the date of receipt of the approval letter from the Department of Justice, the People's Committee of the commune shall implement the marriage registration as in the case of marriage registration between Vietnamese citizens within the country according to the regulations of the household registration law.

7. In cases of refusal to register the marriage, the Department of Justice shall send a letter to the People's Committee of the commune to notify the person requesting, specifying the reasons.

Refusal to register marriage shall be carried out according to the provisions of Article 26 of this Decree.

Article 50. Procedures for registering acknowledgment of parent-child relationships

1. The application dossier for registering acknowledgment of parent-child relationships shall be established in one set, including:

a) A declaration form for registering acknowledgment of parentage and child according to the prescribed model;

b) Other documents or evidence proving the father-child or mother-child relationship.

2. The application dossier for registering acknowledgment of parent-child relationships must be submitted directly to the People's Committee of the commune where the acknowledgment is registered by the person making the request. At the time of submission, the person making the request must present the documents specified in Clause 3, Article 49 of this Decree for verification.

3. Within fifteen days from the date of receiving a complete and valid dossier, the People's Committee of the commune shall be responsible for examining the dossier and posting the acknowledgment of parent-child relationships for seven working days at the office of the People's Committee. Upon completion of the posting period, the People's Committee of the commune shall issue a document along with a copy of the dossier to send to the Department of Justice to seek opinions.

4. Within five working days from the date of receipt of the document seeking opinions from the People's Committee of the commune, the Department of Justice shall examine the dossier on acknowledgment of parent-child relationships and respond in writing to the People's Committee of the commune.

5. Within seven working days from the date of receipt of the document agreeing from the Department of Justice, the People's Committee of the commune shall carry out the registration of acknowledgment of parent-child relationships as in the case of registering acknowledgment of parent-child relationships between Vietnamese citizens within Vietnam according to the provisions of the Law on Household Registration.

6. In the event of refusal to register acknowledgment of parent-child relationships, the Department of Justice shall issue a document to the People's Committee of the commune to notify the person making the request, specifying the reasons therein.

Section 7
ORGANIZATION AND ACTIVITIES OF ADVISORY AND SUPPORT SERVICES FOR MARRIAGE AND FAMILY WITH FOREIGN ELEMENTS

AND FOREIGN FACTORS IN THE FAMILY

Article 51. Centers for advisory and support services for marriage and family with foreign elements

The Center for advisory and support services for marriage and family with foreign elements (hereinafter referred to as the Center) is a public service unit under the Vietnam Women's Union at the central level or the Women's Union of provinces and centrally-administered cities (hereinafter referred to as the Women's Union).

Article 52. Principles of advisory and support activities for marriage and family with foreign elements

1. The activities of the Center must ensure the principle of non-profit, contributing to the healthy development of marriage and family relationships with foreign elements, in accordance with the basic principles of the Vietnamese system of marriage and family, and the customs and traditions of the nation.

2. The parties to the marriage have the right to receive advisory and support services regarding marriage and family with foreign elements. Advisory and support services are not dependent on the nationality or place of residence of the person making the request.

3. It is strictly prohibited to exploit advisory and support services for marriage and family with foreign elements for the purpose of trafficking in persons, exploiting labor, sexual abuse, or other profit-seeking purposes.

Article 53. Conditions for Establishing the Center

The Women's Union decides to establish the Center when it meets all of the following conditions:

1. Having operational regulations ensuring the principles stipulated in Article 52 of this Decree, approved by the Women's Union.

2. Having a location, equipment, and necessary human resources to ensure the operation of the Center.

3. The person expected to head the Center has no criminal record.

Article 54. Procedures for Registering the Operation of the Center and Reissuing the Registration Certificate of the Center

1. After receiving the establishment decision, the Center must register its operation at the Department of Justice where the Center’s headquarters is located.

2. The registration dossier of the Center shall be compiled into one set, including the following documents:

a) Application for registration of operation according to the prescribed form;

b) Copy of the Decision on Establishment of the Center;

c) Documents proving the location of the Center’s headquarters;

d) Criminal record certificate of the person expected to head the Center issued not more than three months prior to the date of submission of the dossier;

đ) Copy of the operational regulations stipulated in Clause 1, Article 53 of this Decree.

3. Within five working days from the date of receipt of a complete and valid dossier, the Department of Justice shall issue the registration certificate according to the prescribed form for the Center. In case of refusal to issue the registration certificate, the Department of Justice shall notify the Center in writing, specifying the reasons for refusal.

4. In case the registration certificate of the Center is lost or damaged and cannot be used, a new registration certificate will be issued.

Article 55. Rights and Obligations of the Center

1. The Center has the following rights and obligations:

a) Providing advice on issues related to marriage and family with foreign elements for Vietnamese citizens according to the guidance of the Women's Union;

b) Providing advice and training for Vietnamese citizens on language, culture, customs, laws on marriage and family, and immigration laws of the country where the citizen intends to marry;

c) Providing advice and assistance to foreigners in understanding Vietnamese language, culture, customs, and laws on marriage and family;

d) Assisting both parties in marriage to understand each other's personal and family circumstances and other related issues requested by the parties;

đ) Issuing confirmation certificates to Vietnamese citizens who have received advice and training as prescribed in Points a and b of Clause 1 of this Article, if requested;

e) Assisting both parties in completing the marriage registration dossier according to the law, if requested;

g) In cases where Vietnamese citizens or foreigners request introductions to potential spouses, the Center shall carry out such introductions;

h) Engaging in cooperation with foreign counseling and support organizations established under their respective laws to address issues related to marriage and family involving Vietnamese citizens and foreigners;

i) Being entitled to receive remuneration to cover operational expenses and reasonable actual costs according to the law, ensuring the principle of non-profit;

k) Being able to change the contents of the registration certificate according to the provisions of Article 56 of this Decree.

2. The Center has the following obligations:

a) Operating in accordance with the contents recorded in the registration certificate;

b) Providing advice and support to all individuals requesting such services, regardless of nationality or place of residence; issuing confirmation certificates of the Center after providing advice and support to those requesting such services;

c) Publicly announcing the fee levels according to the regulations;

d) Keeping confidential information and materials about the private lives, personal secrets, and family secrets of the parties according to the law;

đ) Submitting periodic reports every six months and annually on the activities of the Center, financial settlement reports related to counseling and supporting marriages and families with foreign elements to the Women's Union and the Department of Justice where the Center is registered; submitting ad hoc reports, providing documents or explanations on matters related to the Center's activities upon request of competent state authorities;

e) Being subject to inspection and management by the Women's Union;

g) Being subject to audit and inspection by the Central Women's Union of Vietnam, the Ministry of Justice, the Department of Justice where the Center is registered, and other competent authorities according to the law;

h) Other obligations as prescribed by law.

Article 56. Amendment of the Content of the Registration Certificate for Center Activities

1. If the Center wishes to change its name or the location of its headquarters, it must submit a written request for annotation of the change along with the registration certificate to the Department of Justice where the activities are registered.

Within three working days from the date of receipt of the written request for annotation of the change, the Department of Justice shall confirm the amended content on the registration certificate of the Center.

2. In cases where the Center wishes to change its head or amend the content of its activities, the Women's Union must submit a written request to the Department of Justice at the place where the Center’s activities are registered, clearly stating the purpose, content, and reasons for the change, along with the Center’s registration certificate. If changing the head of the Center, there must also be a Criminal Record Certificate of the proposed replacement issued within the last three months from the date of submission of the file.

Within five working days from the date of receiving complete valid files, the Department of Justice shall confirm the amended content on the registration certificate. If the amendment is refused, the Department of Justice shall notify the Women's Union in writing and specify the reasons.

Article 57. Termination of Center Operations

1. The Center shall cease operations in the following cases:

a) The Women's Union decides to dissolve the Center;

b) The Center has its right to use the registration certificate revoked according to the decision of the competent state agency.

2. In the case of termination of operations as stipulated in Point a Clause 1 of this Article, the Women's Union must submit a written notice about the termination of the Center's operations to the Department of Justice at the place where the Center is registered, at least thirty days before the date of termination of the Center's operations. The Center must return the registration certificate to the Department of Justice at the place where it was registered.

3. In the case of termination of operations as stipulated in Point b Clause 1 of this Article, the Department of Justice or another competent authority shall send the Women's Union the decision revoking the right to use the registration certificate at least thirty days before the date the Center is forced to terminate its operations.

4. Prior to the date of termination of operations, the Center is responsible for settling any debts (if any) with related organizations and individuals and resolving issues related to the termination of operations; report in writing to the Women's Union and the Department of Justice at the place of registration.

Section 8
STATE MANAGEMENT OF MATRIMONIAL AND FAMILY RELATIONS WITH FOREIGN ELEMENTS

Article 58. Tasks and Authorities of the Ministry of Justice

The Ministry of Justice is responsible to the Government for unified state management of matrimonial and family relations with foreign elements nationwide, with the following tasks and authorities:

1. To draft and submit to the competent state agencies for promulgation, or to promulgate within its competence, normative legal documents on matrimonial and family relations with foreign elements;

2. To guide provincial People's Committees and coordinate with the Ministry of Foreign Affairs in directing and guiding representative offices in the implementation of laws on matrimonial and family relations with foreign elements; to disseminate and educate the law and resolve matters concerning matrimonial and family relations with foreign elements as prescribed by law;

3. To uniformly issue registers and forms for registering civil status matters as prescribed by this Decree;

4. To inspect and supervise the implementation of laws on matrimonial and family relations with foreign elements; to handle complaints and denunciations as prescribed by law; to handle administrative violations concerning matrimonial and family relations with foreign elements as prescribed by law;

5. To implement statistics on marriage registrations; acknowledgment of parentage; issuance of certificates of marital status; recording marriages, acknowledgments of parentage in the register; recording divorces and annulment of illegal marriages in the household register as prescribed by this Decree;

6. To implement international cooperation in the field of matrimonial and family relations with foreign elements as prescribed by law.

6. Implement international cooperation in the field of marriage and family with foreign elements in accordance with the provisions of the law.

Article 59. Tasks and Authorities of the Ministry of Foreign Affairs

The Ministry of Foreign Affairs shall implement state management over foreign-related marriage and family affairs in accordance with the provisions of the law, with the following tasks and authorities:

1. Directing representative offices in the enforcement of laws on foreign-related marriage and family affairs, and registration procedures; implementing measures to protect the legitimate rights and interests of Vietnamese citizens abroad in marriage and family relations in compliance with the laws of the receiving country and international treaties to which Vietnam is a party;

2. Directing representative offices to conduct statistical data collection and submit periodic annual reports on: Registration of marriages; acknowledgment of parentage; recording of marriages and acknowledgments of parentage within the jurisdiction of the representative office as stipulated in this Decree;

Consolidating statistical data and submitting periodic annual reports on: Registration of marriages and acknowledgment of parentage; recording of marriages and acknowledgments of parentage within the jurisdiction of the representative office to the Ministry of Justice;

3. Updating and providing basic information about laws, culture, customs, and traditions of host countries to serve as a basis for domestic communication and advisory work;

4. Inspecting and supervising the implementation of laws on foreign-related marriage and family affairs at representative offices; resolving complaints and denunciations in accordance with the law; handling administrative violations related to foreign-related marriage and family affairs in accordance with the law;

5. Resolving external issues arising during the implementation of international treaties on marriage and family to which Vietnam is a party within its authority;

6. Issuing certified copies of Marriage Certificates and Decisions recognizing the acknowledgment of parentage in accordance with the law;

7. Perform other tasks and exercise other powers as prescribed by law.

Article 60. Tasks and Authorities of Representative Offices

1. Representative offices shall implement state management over foreign-related marriage and family affairs, with the following tasks and authorities:

a) Implementing marriage registration, acknowledgment of parentage; recording marriages and acknowledgments of parentage in compliance with the laws of the receiving country and international treaties to which Vietnam is a party;

b) Conducting statistical data collection and reporting to the Ministry of Foreign Affairs every six months and annually on: Registration of marriages and acknowledgment of parentage; recording of marriages and acknowledgments of parentage within the jurisdiction of the representative office as stipulated in this Decree;

c) Updating basic information about laws, culture, customs, and traditions of the host country and reporting to the Ministry of Foreign Affairs;

d) Resolving complaints and denunciations and handling administrative violations related to household registration matters in accordance with the law;

đ) Performing other tasks and authorities as prescribed by law;

2. Diplomatic officials and consular officials engaged in household registration work shall assist the representative office in performing specific tasks and authorities as stipulated in Clause 1 of this Article, except for resolving denunciations as provided for in Point d Clause 1 of this Article.

Article 61. Tasks and Authorities of the Ministry of Public Security

The Ministry of Public Security shall implement state management over foreign-related marriage and family affairs in accordance with the law, with the following tasks and authorities:

1. Directing and guiding provincial public security departments and municipal public security departments under the central government to verify, in their respective professional functions, issues required in marriage registration applications in accordance with this Decree; issuing passports promptly and facilitating conditions for Vietnamese citizens who have registered marriages and been recognized as parents or children to exit the country when requested;

2. Directing and implementing preventive measures and combating activities involving marriage brokerage for profit, behaviors exploiting marriage and acknowledgment of parentage for profit, human trafficking, labor exploitation, sexual offenses, and other acts violating laws on foreign-related marriage and family affairs;

3. Inspecting and supervising the implementation of laws on foreign-related marriage and family affairs in accordance with the law;

4. Performing other tasks and powers as prescribed by law.

Article 62. Tasks of Ministries, ministerial-level agencies, and government agencies

Within their respective functions, tasks, and authorities, Ministries, ministerial-level agencies, and government agencies shall be responsible for coordinating with the Ministry of Justice in managing state affairs concerning marriage and family relations involving foreign elements.

Article 63. Tasks and Authorities of Provincial People's Committees

1. Provincial People's Committees shall manage state affairs concerning marriage and family relations involving foreign elements within their jurisdiction and shall have the following tasks and authorities:

b) Popularize and educate laws on marriage and family relations involving foreign elements;

c) Conduct statistical data collection and report to the Ministry of Justice semi-annually and annually on: The situation of marriage registration, acknowledgment of parentage; record marriage and acknowledgment of parentage in registers in accordance with this Decree; the implementation of laws on marriage and family relations involving foreign elements at the local level;

d) Ensure necessary conditions for the Women's Union of provinces and centrally-administered cities to establish centers; create favorable conditions for the effective operation of these centers; manage the activities of centers within their jurisdiction;

đ) Inspect and supervise the implementation of laws on marriage and family relations involving foreign elements within their jurisdiction; resolve complaints and denunciations and handle administrative violations concerning marriage and family relations involving foreign elements in accordance with the law;

e) Perform other tasks and authorities as prescribed by law.

Article 64. Responsibilities of the Vietnam Women's Union Central Committee in the Field of Marriage and Family Relations Involving Foreign Elements

1. The Vietnam Women's Union Central Committee shall coordinate with the Ministry of Justice, Ministries, ministerial-level agencies, and government agencies, and Provincial People's Committees to implement activities in the field of marriage and family relations involving foreign elements as prescribed by law.

2. The Vietnam Women's Union Central Committee shall have the following responsibilities:

a) Establish centers in accordance with this Decree and manage their operations;

b) Direct and guide provincial and centrally-administered city Women's Unions to establish centers and manage their operations;

c) Direct and guide organizational structure and activities of centers;

d) Coordinate with the Ministry of Justice to inspect and supervise the organizational structure and activities of centers.

Chapter IV
IMPLEMENTING PROVISIONS

Article 65. Effectiveness of Implementation

1. This Decree shall take effect from February 15, 2015.

2. Abolish Decree No. 70/2001/NĐ-CP dated October 3, 2001 of the Government detailing the implementation of the Law on Marriage and Family; Decree No. 32/2002/NĐ-CP dated March 27, 2002 of the Government on the application of the Law on Marriage and Family to ethnic minorities; Clause 2 of Decree No. 06/2012/NĐ-CP dated February 2, 2012 of the Government amending and supplementing certain provisions of decrees on household registration, marriage and family, and notarization; Decree No. 24/2013/NĐ-CP dated March 28, 2013 of the Government detailing the implementation of certain provisions of the Law on Marriage and Family regarding marriage and family relations involving foreign elements, except for provisions on legalization of consular documents, notarization of translator signatures, notarization of copies of documents, documents for stateless persons, persons with multiple foreign nationalities, overseas Vietnamese citizens, and fees which will continue to be applied until the Decree detailing the implementation of the Household Registration Law takes effect.

Article 66. Transitional Provisions

Files for marriage registration requests; acknowledgment of parentage; issuance of certificates of marital status for Vietnamese citizens residing in Vietnam to register their marriage with foreigners at foreign competent authorities abroad; entries of marriages, acknowledgments of parentage that have been resolved by foreign competent authorities abroad and accepted by Vietnamese competent authorities before this Decree takes effect shall continue to be processed according to the provisions of Decree No. 24/2013/NĐ-CP dated March 28, 2013 detailing certain articles of the Law on Marriage and Family regarding family relations involving foreign elements.

Article 67. Responsibility for Implementation

The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of People's Committees at all levels, and related organizations and individuals are responsible for implementing this Decree./.

ANNEX

LIST OF PREJUDICIAL CUSTOMS AND PRACTICES REGARDING MARRIAGE AND FAMILY THAT NEED TO BE ELIMINATED OR PROHIBITED

ON MARRIAGE AND FAMILY NEEDS TO PROMOTE THE ELIMINATION OR PROHIBITION OF

(Passed by the Government on December 31, 2014)
(Annexed to Government Decree No. 126/2014/NĐ-CP dated December 31, 2014)

dated December 31, 2014 of the Government)

I. PREJUDICIAL CUSTOMS AND PRACTICES REGARDING MARRIAGE AND FAMILY THAT NEED TO BE ELIMINATED

1. Marrying before the age stipulated by the Law on Marriage and Family.

2. Registering marriage not conducted by a competent state authority.

3. Forcing marriage based on fortune-telling and superstition; obstructing marriage due to different ethnicities or religions.

4. Prohibiting marriage between individuals within four generations of kinship.

5. If the groom’s family does not have dowry money and gifts, after marriage, the son-in-law must stay with his in-laws to work off the bride price for his father-in-law and mother-in-law.

6. Family relationships under patrilineal or matrilineal systems, failing to ensure equality between husband and wife, and between sons and daughters.

a) Patrilineal system:

In case of divorce initiated by the wife, the bride's family must return all dowry items and other expenses to the groom's family; if initiated by the husband, the bride's family still has to return half of the dowry items. After divorce, if the woman remarries, she cannot take any property with her. After parents' divorce, children must follow the father.

When the husband dies, the widow has no right to inherit the deceased husband's estate. If the widow remarries, she cannot take any property with her.

When the father dies, only sons have the right to inherit the deceased father's estate, while daughters do not.

b) Matrilineal system:

Children are forced to bear their mother's surname.

When the wife dies, the widower has no right to inherit the deceased wife's estate and cannot take his personal property back home.

When the mother dies, only daughters have the right to inherit the deceased mother's estate, while sons do not.

After staying with the in-laws, if the son-in-law is divorced or if the groom is divorced after engagement and receiving dowry items, he will not be compensated.

7. Prohibiting marriage between people from different ethnic groups and between those of different religions.

II. PREJUDICIAL CUSTOMS AND PRACTICES REGARDING MARRIAGE AND FAMILY THAT MUST BE PROHIBITED

1. Polygamous marriage system.

2. Marriage between individuals with direct bloodline relations, and between those within three generations of kinship.

3. Kidnapping women to force them into marriage.

4. Exorbitant dowry demands with the nature of selling brides (such as demanding silver, cash, dowry items, buffaloes, drums... for marriage).

5. Custom of "continuing the thread"; when the husband dies, the widow is forced to marry the brother or younger brother of the deceased husband; when the wife dies, the widower is forced to marry the sister or younger sister of the deceased wife.

6. Compelling a widow or widower to return the dowry to the former husband's or wife's family if they remarry.

7. Demanding property back or imposing fines when spouses divorce./.