Decree No. 184-CP stipulates procedures for marriage, acknowledgment of children born out of wedlock, adoption, and guardianship between Vietnamese citizens and foreigners.

DECREE

Regarding marriage procedures, acknowledgment of children born out of wedlock, adoption, and guardianship between Vietnamese citizens and foreigners

 between Vietnamese citizens and foreigners

_____________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Marriage and Family Law of 1986;

To provide detailed implementation of certain Articles of the Marriage and Family Ordinance between Vietnamese citizens and foreigners;

At the proposal of the Minister of Justice,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. This Decree stipulates the procedures for registering marriage, recognizing marriage, acknowledging the recognition of children born out of wedlock, registering adoption, recognizing adoption, and recognizing guardianship between Vietnamese citizens and foreigners.

Article 2. The Ministry of Justice shall manage state affairs concerning marriage, acknowledgment of children born out of wedlock, adoption, and guardianship between Vietnamese citizens and foreigners, with the following responsibilities and authorities:

a) Directing and guiding provincial Departments of Justice, Diplomatic Missions, Consular Offices of Vietnam abroad (hereinafter referred to as diplomatic and consular agencies) in the enforcement of laws and registration of household records;

b) Coordinating with the Ministry of Foreign Affairs and relevant ministries and sectors to protect the legitimate rights and interests of Vietnamese citizens, particularly Vietnamese children adopted by foreigners and residing abroad;

c) Issuing sample documents, Household Registration Books, and uniformly managing their printing and distribution;

d) Inspecting and supervising the enforcement of laws and resolving complaints and reports within its jurisdiction;

e) Implementing international relations in this field.

Article 3. The Ministry of Foreign Affairs and the Ministry of Public Security shall be responsible for directing and guiding subordinate agencies to perform the tasks and authorities specified in this Decree.

Article 4.

1- The People's Committee of a province or centrally governed city (hereinafter referred to as the Provincial People's Committee) where a Vietnamese citizen resides has the authority to handle the registration of marriage, recognition of marriage, acknowledgment of the recognition of children born out of wedlock, registration of adoption, recognition of adoption, and recognition of guardianship between Vietnamese citizens and foreigners.

The Department of Justice is responsible for receiving applications, coordinating with local public security agencies (hereinafter referred to as public security agencies) to review applications and propose recommendations to the Provincial People's Committee for decision.

2- Diplomatic and consular agencies where Vietnamese citizens reside have the authority to handle the registration of marriage, registration of adoption, and recognition of guardianship abroad between Vietnamese citizens and foreigners.

Article 5

Documents issued by foreign competent authorities or notarized related to marriage and family matters between Vietnamese citizens and foreigners must be legalized by the Diplomatic and Consular Agencies or the Ministry of Foreign Affairs of Vietnam according to Vietnamese law.

Documents in foreign languages must be translated into Vietnamese, and the translations must be legalized by consular officers or certified by Vietnamese notaries.

Article 6.

Individuals applying for marriage registration, recognition of marriage, acknowledgment of the recognition of children born out of wedlock, registration of adoption, and recognition of adoption under this Decree must pay fees.

The level of fees, management, and utilization of such fees shall be prescribed by the Minister of Finance and the Minister of Justice.

Chapter II

PROCEDURES FOR REGISTRATION OF MARRIAGE AND RECOGNITION OF MARRIAGE

Article 7.

1- When applying for marriage registration, each party must complete a marriage registration application form according to the prescribed model.

Accompanying the application form are the following documents:

a) A copy of the birth certificate;

b) A confirmation letter from the competent authority of the country where the applicant is a citizen, issued within three months, confirming that the person is currently unmarried;

c) A confirmation letter from a health organization issued within three months, confirming that the person does not suffer from mental illness or mental illness to the extent that they cannot recognize their own actions, does not have sexually transmitted diseases, and is not infected with HIV.

2- For foreigners, in addition to the documents prescribed in Clause 1 of this Article, there must also be a confirmation letter stating that the person meets the conditions for marriage and that the marriage with a Vietnamese citizen is recognized by the laws of their country; if the laws of their country require a permit for marriage with a foreigner, it must clearly state "permitted."

3- In cases where Vietnamese citizens are serving in armed forces or working directly related to national secrets, in addition to the documents prescribed in Clause 1 of this Article, they must submit a confirmation letter from the central or provincial management agency or organization confirming that their marriage with a foreigner will not affect the protection of national secrets or contravene the regulations of their sector.

Article 8. The documents prescribed in Article 7 of this Decree must be prepared in two sets and submitted to the Department of Justice if the marriage takes place in Vietnam; or submitted to the Diplomatic and Consular Agencies if the marriage takes place abroad.

Article 9.

Within sixty days from the date of receipt of all documents, the Provincial People's Committee, Diplomatic and Consular Agencies shall decide on the registration or non-registration of marriage; if further verification is required, the period may be extended by up to thirty days.

If the marriage registration is not approved, the Provincial People's Committee, Diplomatic and Consular Agencies shall notify the parties in writing.

Article 10. The procedure for registering marriage in Vietnam is as follows:

1- After receiving all documents and fees, the Department of Justice coordinates with the public security agency to review the documents.

2- Within thirty days from the date of receipt of the request letter from the Department of Justice, the public security agency responds in writing; if further verification is required, the period may be extended by up to fifteen days.

3- After receiving the written response from the public security agency, the Department of Justice proposes recommendations to the Provincial People's Committee for decision.

4- If the parties are found to meet the conditions for marriage, the Chairman of the Provincial People's Committee signs the marriage certification.

5- Within seven days from the date of signing the marriage certification, except in cases where the parties request otherwise, the Department of Justice shall issue the marriage certification to the parties and record it in the Marriage Registration Book.

Both parties must be present and produce passports, identity cards, or other valid identification documents.

Article 11. The procedure for registering marriage at Diplomatic and Consular Agencies is as follows:

1- After receiving all documents and fees, the Diplomatic and Consular Authority shall examine the documents and, if necessary, exchange opinions with relevant domestic authorities.

2- Within thirty days from the date of receipt of the request letter from the Diplomatic and Consular Authority, the relevant domestic authority shall reply in writing; if further examination is required, the deadline may be extended by no more than fifteen days.

3- If it is determined that the parties meet the conditions for marriage and the registration of the marriage does not contravene the laws of the receiving country, the head of the Diplomatic and Consular Authority shall sign the marriage certification.

4- Within seven days from the date of signing the marriage certification, except where the parties have requested otherwise regarding the time limit, the Diplomatic and Consular Authority shall proceed to deliver the marriage certification to the parties and record it in the Marriage Registration Book.

Both parties must be present and produce their passports or other valid identification documents.

Article 12.

1- For the recognition in Vietnam of a marriage between a Vietnamese citizen and a foreigner conducted before a competent authority abroad, the party residing in Vietnam must submit an application according to the prescribed form to the People's Committee of the province.

The marriage certification must be attached to the application.

These documents must be prepared in two sets and submitted to the Department of Justice.

2- Within thirty days from the date of receipt of all documents and fees, the Department of Justice shall examine the documents and propose an opinion to the People's Committee of the province for decision.

3- If, at the time of marriage, the Vietnamese citizen did not violate Articles 5, 6, and 7 of the Law on Marriage and Family, and the recognition of the marriage does not contravene the basic principles of the Law on Marriage and Family, then the Chairman of the People's Committee of the province shall sign a decision recognizing the marriage.

4- Within seven days from the date of signing the decision recognizing the marriage, except where the parties have requested otherwise regarding the time limit, the Department of Justice shall deliver the decision to the parties and record it in the Marriage Registration Book.

Chapter III

PROCEDURE FOR THE RECOGNITION OF ADOPTION BY A FATHER OR MOTHER OUTSIDE OF MARRIAGE,

ADOPTION OF A STEPCHILD BY THE MOTHER

Article 13.

1- A foreigner seeking to adopt a child born out of wedlock who is a Vietnamese citizen residing in Vietnam, or a Vietnamese citizen seeking to adopt a child born out of wedlock who is a foreigner residing in Vietnam, must submit an application to the People's Committee of the province where the child resides.

Attached to the application must be the necessary documents proving the father-child or mother-child relationship.

2- The documents specified in Clause 1 of this Article must be prepared in two sets and submitted to the Department of Justice.

Article 14.

1- Within sixty days from the date of receipt of all documents, the People's Committee of the province shall decide to recognize or not recognize the adoption by a father or mother outside of marriage; if further examination is required, the deadline may be extended by no more than thirty days.

2- During the review process, if there is a dispute over the adoption outside of marriage that falls outside its jurisdiction, the People's Committee of the province shall suspend the review and notify the parties in writing.

Article 15. The procedure for recognizing the adoption by a father or mother outside of marriage is as follows:

1- After receiving all documents and fees, the Department of Justice shall publicly announce the necessary information related to the parties' request at its headquarters, examine the documents, and propose an opinion to the People's Committee of the province for decision.

2- The Chairman of the People's Committee of the province shall consider the Department of Justice's opinion, and if sufficient legal grounds are found, shall sign a decision recognizing the adoption by a father or mother outside of marriage.

3- Within seven days from the date of signing the decision recognizing the adoption, except where the parties have requested otherwise regarding the time limit, the Department of Justice shall deliver the decision recognizing the adoption to the parties and notify the People's Committee of the commune, ward, or town where the child was registered for birth to record it in the Birth Registration Book.

Chapter IV

PROCEDURE FOR REGISTRATION AND RECOGNITION OF ADOPTION

AND RECOGNITION OF THE ADOPTION OF A STEPCHILD

Article 16.

1- A foreigner seeking to adopt a Vietnamese child residing in Vietnam must submit an application according to the prescribed form to the People's Committee of the province.

If the person seeking to adopt a child has a spouse, the consent of the spouse must be included in the application.

2- Attached to the application must be the following documents:

a) A copy of the birth certificate or passport or other valid identification document of the person seeking to adopt a child;

b) A confirmation issued by a competent state authority of the country where the person seeking to adopt a child is a citizen, not older than six months, confirming that the person meets the conditions to adopt a child under the laws of that country and that the adoption of a Vietnamese child is recognized in that country;

c) A confirmation issued by a health organization, not older than six months, confirming that the person is healthy and does not suffer from mental illness or infectious diseases;

d) A confirmation issued, not older than six months, confirming that the person's annual income is sufficient to ensure the upbringing of the adopted child;

e) A commitment according to the prescribed model to annually report to the Ministry of Justice, as well as to the People's Committee of the province or Diplomatic and Consular Authority issuing the decision to adopt a child, on the development status of the adopted child until the child reaches eighteen years of age; this report must be confirmed by a competent authority of the country where the adopted child resides;

g) A copy of the birth certificate of the child being sought to be adopted;

h) A confirmation from the parents or guardian of the child voluntarily agreeing to the child being adopted by a foreigner; if there are no parents or guardians, then written consent from the person directly raising the child is required; if the child is living in a care facility, then written consent from the head of the care facility is required.

For children aged nine or older, the child's consent to be adopted by a foreigner must also be provided.

3- In cases where a newborn abandoned at a medical facility is sought to be adopted, the document specified in point h of Clause 2 of this Article shall be replaced by a written agreement from the head of the medical facility.

Article 17.

1- The documents specified in Article 16 of this Decree must be prepared in two sets and submitted to the Department of Justice.

2- When submitting the application, the foreigner must present their passport or other valid identification document.

Article 18.

Within sixty days from the date of receipt of all documents, the People's Committee of the province shall decide whether to allow or not allow the foreigner to adopt a child; if further examination is required, the deadline may be extended by no more than thirty days.

In case of refusal to allow foreigners to adopt a child, the People's Committee of the province shall notify the interested party in writing.

Article 19.The procedure for allowing foreigners to adopt Vietnamese children in Vietnam shall be carried out as follows:

1- After receiving all documents and fees, the Department of Justice coordinates with the public security agency to review the documents.

2- Within thirty days from the date of receipt of the request letter from the Department of Justice, the public security agency shall reply in writing; if further verification is required, the deadline may be extended by no more than fifteen days.

3- After receiving the written response from the public security agency, the Department of Justice proposes recommendations to the Provincial People's Committee for decision.

4- If it is determined that the interested party meets the conditions for adopting a child and that adoption would be beneficial to the child, the Chairman of the People's Committee of the province shall sign a decision allowing the foreigner to adopt the child.

5- The Department of Justice shall carry out the handover of the adopted child within seven days from the date of signing the decision allowing the foreigner to adopt the child, except where the adoptive parent requests a different timeframe, but such extension shall not exceed three months.

Article 20.

The handover of the adopted child shall take place at the Department of Justice, with the presence of representatives of the Department of Justice, the adoptive parent, the adopted child, and the parents or other lawful representatives of the child.

At the time of handover, the representative of the Department of Justice shall deliver the decision to the adoptive parent and record it in the Register of Adoption.

The handover of the adopted child must be documented in a protocol according to the prescribed form.

Article 21.

1- Foreigners wishing to adopt Vietnamese children residing abroad must submit an application according to the prescribed form to the Diplomatic Agency or Consulate.

The application, accompanying documents, and procedures for submitting the dossier must comply with the provisions of Article 16 and Article 17 of this Decree.

2- Within ninety days from the date of receipt of the complete dossier and fees, the Diplomatic Agency or Consulate shall decide whether to allow or refuse the foreigner to adopt a Vietnamese child; if further verification is required, the deadline may be extended by no more than thirty days.

In case of refusal to allow a foreigner to adopt a Vietnamese child, the Diplomatic Agency or Consulate shall notify the interested party in writing.

Article 22. The procedure for allowing foreigners to adopt Vietnamese children residing abroad shall be carried out as follows:

1- After receiving the complete dossier and fees, the Diplomatic Agency or Consulate shall verify the dossier; if it is determined that the applicant meets the conditions for adoption, that adoption would be beneficial to the child, and that the adoption does not contravene the laws of the receiving country, then it shall propose its opinion in writing to the Ministry of Justice for consideration.

2- Within thirty days from the date of receipt of the request letter from the Diplomatic Agency or Consulate, the Ministry of Justice shall reply in writing; if further verification is required, the deadline may be extended by no more than fifteen days.

3- Upon receipt of the written approval from the Ministry of Justice, the head of the Diplomatic Agency or Consulate shall sign a decision allowing the foreigner to adopt the child and shall carry out the handover of the adopted child within seven days from the date of signing the decision, except where the adoptive parent requests a different timeframe, but such extension shall not exceed three months.

4- The handover of the adopted child shall take place at the Diplomatic Agency or Consulate, with the presence of representatives of the Diplomatic Agency or Consulate, the adoptive parent, the adopted child, and the parents or other lawful representatives of the child.

5- At the time of handover, the representative of the Diplomatic Agency or Consulate shall deliver the decision to the adoptive parent and record it in the Register of Adoption.

The handover of the adopted child must be documented in a protocol according to the prescribed form.

Article 23.

1- Vietnamese citizens wishing to adopt foreign children permanently residing in Vietnam must submit an application according to the prescribed form to the People's Committee of the province where the child resides.

If the person seeking to adopt a child has a spouse, the consent of the spouse must be included in the application.

2- Accompanying the application must be the documents specified in points a, c, d, and h of Clause 2 of Article 16 of this Decree, and the following documents:

a) A certificate issued by the People's Committee of the commune, ward, or town where the applicant for adoption resides, confirming that the person has the necessary conditions for adoption as stipulated by law;

b) A certificate issued by the competent authority of the country of which the child is a citizen, agreeing to the child being adopted by a Vietnamese citizen.

3- The procedures for submitting the dossier, the process for resolving adoption matters, and the handover of the adopted child must comply with the provisions of Articles 17, 18, 19, and 20 of this Decree.

Article 24.

1- For the recognition in Vietnam of the adoption between a Vietnamese citizen as the adoptive parent and a foreign child as the adopted child registered with the competent authority of a foreign country, the Vietnamese citizen permanently residing in Vietnam must submit an application according to the prescribed form to the People's Committee of the province.

Accompanying the application must be the decision recognizing the adoption.

These documents must be prepared in two sets and submitted to the Department of Justice.

2- Within thirty days from the date of receipt of all documents and fees, the Department of Justice shall examine the documents and propose an opinion to the People's Committee of the province for decision.

3- If the registration of the adoption conducted abroad does not violate Articles 34, 35, and 36 of the Law on Marriage and Family of Vietnam, and the recognition of the adoption does not contravene the basic principles of the Law on Marriage and Family of Vietnam, then the Chairman of the People's Committee of the province shall sign a decision recognizing the adoption.

4- The Department of Justice shall deliver the decision to the interested party and record it in the Register of Adoption within seven days from the date of signing the recognition decision, except where the interested party requests a different timeframe.

Article 25.

1- Foreigners wishing to adopt Vietnamese children permanently residing in Vietnam without specifying a particular child must submit an application to the Ministry of Justice of Vietnam to express their desire.

The application must clearly state the full name, date of birth, gender, nationality, occupation, place of permanent residence, contact address, reasons for requesting adoption, and specific requirements regarding the adopted child.

2- After receiving the application, the Ministry of Justice shall coordinate with relevant agencies to introduce children to the applicant for adoption according to the applicant's requirements. If the applicant for adoption agrees, they must follow the procedures for requesting adoption as prescribed by this Decree.

Chapter 5:

PROCEDURE FOR RECOGNITION OF GUARDIANSHIP

Article 26.

1- Foreigners permanently residing in Vietnam who wish to become guardians of Vietnamese children permanently residing in Vietnam must submit an application according to the prescribed form to the People's Committee of the province.

Accompanying the application must be the following documents:

a) A copy of the birth certificate or passport or other valid document of the guardian and a copy of the birth certificate of the Vietnamese child.

b) A copy of the certificate of permanent residence of the guardian and a copy of the household register of the Vietnamese child.

c) A certificate issued by the People's Committee of the commune, ward, or town where the foreigner usually resides, which has not exceeded three months, confirming that such person has good moral character and meets the actual conditions to be a guardian as stipulated in Article 48 of the Law on Marriage and Family of Vietnam.

d) A confirmation letter from the parents or the lawful guardian of the child agreeing to the foreigner adopting the child.

2- The documents specified in Clause 1 of this Article must be prepared in two sets and submitted to the Department of Justice.

Article 27.

Within thirty days from the date of receiving all necessary documents, the People's Committee of the province shall decide to recognize or not to recognize the guardianship; if further verification is required, the deadline may be extended by no more than fifteen days.

In case of refusal to recognize the guardianship, the People's Committee of the province shall notify the interested party in writing.

Article 28.

The procedure for granting foreigners to adopt Vietnamese children in Vietnam shall be carried out as follows:

1- After receiving all necessary documents, the Department of Justice shall cooperate with the police agency to verify the documents.

2- Within ten days from the date of receiving the request letter from the Department of Justice, the police agency shall reply in writing; if further verification is required, the deadline may be extended by no more than seven days.

3- After receiving the written response from the public security agency, the Department of Justice proposes recommendations to the Provincial People's Committee for decision.

4- If it is determined that the foreigner meets the conditions to adopt Vietnamese children and the adoption is beneficial to the child, the Chairman of the People's Committee of the province shall sign the decision to recognize the adoption.

5- Within seven days from the date of signing the decision, if the adoptive parent does not have any other requests regarding the time limit, the Department of Justice shall proceed to hand over the decision recognizing the adoption to the foreigner and record it in the Adoption Register.

6- The decision recognizing the adoption shall be sent in duplicate to the People's Committee of the commune, ward, or town where the adoptive parent and the adopted child usually reside for supervision of the adoption.

Article 29.

1- Vietnamese citizens residing in Vietnam who wish to adopt foreign children residing in Vietnam must submit an application according to the prescribed form to the People's Committee of the province.

2- The application, accompanying documents, procedures for submitting the application, and the process of handling the recognition of adoption of foreign children residing in Vietnam by Vietnamese citizens must comply with the provisions of Articles 26, 27, and 28 of this Decree.

Article 30.

1- Foreigners wishing to adopt Vietnamese children residing abroad must submit an application according to the prescribed form to the Diplomatic Agency or Consular Office.

Along with the application, there must be the documents specified in point a and point d, Clause 1, Article 26 of this Decree, and a certificate issued by the competent authority of the country of which the applicant is a citizen, which has not exceeded three months, confirming that the applicant meets the conditions to be a guardian under the laws of that country.

2- The documents specified in Clause 1 of this Article shall be prepared in two sets and submitted to the Diplomatic Agency or Consular Office.

3- Within sixty days from the date of receiving all necessary documents, the Diplomatic Agency or Consular Office shall decide to recognize or not to recognize the adoption; if further verification is required, the deadline may be extended by no more than fifteen days.

In case of refusal to recognize the adoption, the Diplomatic Agency or Consular Office shall notify the interested party in writing.

Article 31.

The procedure for granting foreigners to adopt Vietnamese children residing abroad shall be carried out as follows:

1- After receiving all necessary documents, the Diplomatic Agency or Consular Office shall verify the documents; if it is determined that the foreigner meets the conditions to adopt Vietnamese children and the adoption is beneficial to the child, then they shall propose their opinion in writing to the Ministry of Justice for comments.

2- Within thirty days from the date of receiving the request letter from the Diplomatic Agency or Consular Office, the Ministry of Justice shall reply in writing; if further verification is required, the deadline may be extended by no more than fifteen days.

3- After receiving the approval letter from the Ministry of Justice, the head of the Diplomatic Agency or Consular Office shall sign the decision to recognize the adoption.

4- Within seven days from the date of signing the decision, if the adoptive parent does not have any other requests regarding the time limit, the Diplomatic Agency or Consular Office shall proceed to register the adoption, hand over the decision recognizing the adoption to the adoptive parent, and record it in the Adoption Register.

The decision recognizing the adoption shall be sent in duplicate to the competent authority of the country where the adoptive parent and the adopted child usually reside for coordination in supervising the adoption.

Chapter 6:

SETTLEMENT OF COMPLAINTS AND REPORTS AND HANDLING OF VIOLATIONS

Article 32.

The interested party has the right to appeal against the decision of the People's Committee of the province, the Diplomatic Agency, or Consular Office, and to file complaints about violations of the law by agencies and officials in handling marriage registration, recognition of marriage, recognition of parents' acknowledgment of children born out of wedlock, registration of adoption, recognition of adoption, and recognition of guardianship between Vietnamese citizens and foreigners according to the procedures and formalities prescribed by law. Article 33

In case the interested party disagrees with the decision of the People's Committee of the province, the Diplomatic Agency, or Consular Office, they have the right to submit an appeal to the Minister of Justice.

The decision of the Minister of Justice is final.

Article 33

In case the interested party disagrees with the decision of the People's Committee of the province, the Diplomatic Agency, or Consular Office, they have the right to submit an appeal to the Minister of Justice.

The decision of the Minister of Justice is final.

Article 34.

1- Any person who provides false information in the application or forges documents in the process of registering marriage, recognizing marriage, recognizing parents' acknowledgment of children born out of wedlock, registering adoption, recognizing adoption, and recognizing guardianship as stipulated in this Decree, depending on the severity of the violation, may be subject to administrative penalties or criminal prosecution as provided by law.

2- Any person who takes advantage of the process of registering marriage, recognizing marriage, recognizing parents' acknowledgment of children born out of wedlock, registering adoption, recognizing adoption, and recognizing guardianship as stipulated in this Decree for personal gain, depending on the severity of the violation, may be subject to administrative penalties or criminal prosecution as provided by law.

Article 35.

Any person who abuses their position or power for personal gain or other personal motives and engages in illegal acts in the process of handling marriage registration, recognizing marriage, recognizing parents' acknowledgment of children born out of wedlock, registering adoption, and recognizing guardianship as stipulated in this Decree, depending on the severity of the violation, may be subject to disciplinary action or criminal prosecution as provided by law.

Chapter 7:

IMPLEMENTING PROVISIONS

Article 36.

1- In cases where international treaties, consular agreements, and other international conventions to which the Socialist Republic of Vietnam is a party provide different procedures from those stipulated in this Decree, the provisions of these international conventions shall apply.

2- The provisions of this Decree shall also apply to the registration of marriage, recognition of marriage, recognition of the acknowledgment of children born out of wedlock, registration of adoption, recognition of adoption, and recognition of guardianship between Vietnamese citizens where one party resides abroad.

Article 37. The certificates specified in point b Clause 1, Clause 2 Article 7, point b Clause 2 Article 16, point b Clause 2 Article 23, and Clause 1 Article 30 of this Decree shall be applied to stateless persons, persons with two or more foreign nationalities, and Vietnamese citizens residing abroad as follows:

a) For stateless persons - it is a certificate issued by the competent authority of the country where they reside.

b) For persons with two or more foreign nationalities - it is a certificate issued by the competent authority of the country where they reside and hold nationality; if they do not reside in one of the countries where they hold nationality, it is a certificate issued by the competent authority of the country where they hold a passport or other valid travel document.

c) For Vietnamese citizens residing abroad - it is a certificate issued by the competent authority of the country where they reside or by the Diplomatic Mission or Consular Office of Vietnam in that country.

Article 38.

1- The Ministry of Justice shall annually report to the Government on the situation regarding the registration of marriage, recognition of marriage, recognition of the acknowledgment of children born out of wedlock, registration of adoption, recognition of adoption, and recognition of guardianship between Vietnamese citizens and foreigners.

2- The People's Committee of the province shall report every six months and annually to the Ministry of Justice on the situation regarding the registration of marriage, recognition of marriage, recognition of the acknowledgment of children born out of wedlock, registration of adoption, recognition of adoption, and recognition of guardianship between Vietnamese citizens and foreigners in their locality.

Diplomatic Missions and Consular Offices shall report periodically every six months and annually to the Ministry of Justice and the Ministry of Foreign Affairs on the situation regarding the registration of marriage, registration of adoption, and recognition of guardianship between Vietnamese citizens and foreigners.

Article 39.

1- The People's Committee of the province, Diplomatic Missions, and Consular Offices, after resolving the registration of marriage, recognition of marriage, recognition of the acknowledgment of children born out of wedlock, registration of adoption, recognition of adoption, and recognition of guardianship between Vietnamese citizens and foreigners, shall be responsible for sending one set of files to the Ministry of Justice; if the registration or recognition is refused, then both sets of files must be stored at the Department of Justice or the Diplomatic Mission or Consular Office. In cases of complaints as stipulated in Article 33 of this Decree, the Department of Justice, Diplomatic Missions, and Consular Offices shall send one set of files to the Ministry of Justice for resolution according to their jurisdiction.

2- In cases where a Vietnamese citizen marries a foreigner or is adopted by a foreigner and then leaves the country to settle abroad, the Ministry of Home Affairs shall notify the Ministry of Justice; the Ministry of Justice, through the Ministry of Foreign Affairs, shall notify the Diplomatic Missions and Consular Offices about this matter for management, monitoring, and, if necessary, to implement the protection of the rights and legitimate interests of Vietnamese citizens abroad.

Article 40.

This Decree takes effect from the date of signature.

Repeal Decree No. 12-HĐBT dated February 1, 1989 of the Council of Ministers on the procedures for marriage between Vietnamese citizens and foreigners conducted before the competent authority of the Socialist Republic of Vietnam and Decision No. 145-HĐBT dated April 29, 1992 of the Council of Ministers promulgating temporary regulations on the adoption of Vietnamese orphaned, abandoned, or disabled children under the care of facilities managed by the Labor, Invalids, and Social Affairs sector by foreigners.

Article 41.

The Minister of Justice, the Minister of Foreign Affairs, the Minister of Home Affairs, and the Minister of Finance, within the scope of their functions and powers, shall be responsible for guiding and organizing the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.