Circular No. 22/2013/TT-BTP detailing and guiding the implementation of certain provisions of Government Decree No. 24/2013/NĐ-CP dated March 28, 2013, guiding the detailed implementation of certain provisions of the Marriage and Family Law regarding marriage and family relations involving foreign elements.

CIRCULAR

Regulations detailing and guiding the implementation of certain provisions of
Decree No. 24/2013/NĐ-CP dated March 28, 2013 of the Government
detailing the implementation of certain provisions of the Marriage and Family Law
concerning marriage and family relations involving foreign elements

__________________

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Based on Decree No. 24/2013/NĐ-CP dated March 28, 2013 of the Government detailing the implementation of certain provisions of the Marriage and Family Law regarding marriage and family relations involving foreign elements;

At the proposal of the Director of the Department of Household Registration, Nationality, and Notarization;

The Minister of Justice issues this Circular to detail and guide the implementation of certain provisions of Decree No. 24/2013/NĐ-CP dated March 28, 2013 of the Government detailing the implementation of certain provisions of the Marriage and Family Law regarding marriage and family relations involving foreign elements.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular details Clause 3 Article 7, Clause 6 Article 15, and guides the implementation of certain provisions of Decree No. 24/2013/NĐ-CP dated March 28, 2013 detailing the implementation of certain provisions of the Marriage and Family Law regarding marriage and family relations involving foreign elements (hereinafter referred to as Decree No. 24/2013/NĐ-CP).

2. The provisions of Decree No. 24/2013/NĐ-CP and this Circular shall be applied to handle matters of marriage, acknowledgment of parentage, registration of marriage, registration of acknowledgment of parentage involving foreign elements, including marriage, acknowledgment of parentage between Vietnamese citizens who also hold foreign citizenship with Vietnamese citizens or foreigners; issuance of Certificate of Marital Status for Vietnamese citizens residing in Vietnam to register marriage with foreigners at competent authorities abroad; organization and operation of Centers for counseling and supporting marriage and family relations involving foreign elements (hereinafter referred to as Centers).

3. The provisions of Decree No. 24/2013/NĐ-CP and this Circular shall not apply to matters of marriage, acknowledgment of parentage between Vietnamese citizens working, studying, laboring, or temporarily traveling abroad with each other or with Vietnamese citizens residing in Vietnam.

Article 2. Validity period of documents

The validity period of documents specified in Point b, Point c Clause 1 Article 7 and Point b Clause 1 Article 27 of Decree No. 24/2013/NĐ-CP shall be calculated from the date of issuance of such documents to the date when complete and valid application files are submitted.

Article 3. Issuance of copies of civil status documents

After handling the registration of marriage, acknowledgment of parentage, if the parties request issuance of copies of the Certificate of Marriage Registration, Decision Recognizing Acknowledgment of Parentage, the Department of Justice shall issue copies based on the Marriage Registration Book, Acknowledgment of Parentage Registration Book; the copies shall be signed by the Director of the Department of Justice or a person authorized by the Director and stamped with the seal of the Department of Justice.

Article 4. Termination of processing of marriage registration applications; acknowledgment of parentage; issuance of Certificate of Marital Status; registration of marriage, acknowledgment of parentage already processed by competent authorities abroad

Processing of marriage registration applications; acknowledgment of parentage; issuance of Certificate of Marital Status; registration of marriage, acknowledgment of parentage already processed by competent authorities abroad shall be terminated immediately upon written request by one or both spouses; by the party acknowledging parentage, the party being acknowledged as parent; by the party requesting issuance of Certificate of Marital Status, registration of marriage, acknowledgment of parentage.

Article 5. Responsibility to notify about the results of handling marriage registration, acknowledgment of parentage; record marriage and acknowledgment of parentage in the register

1. After issuing the Certificate of Marriage to both male and female parties; recording the marriage of Vietnamese citizens processed at competent authorities abroad in the marriage register, the Department of Justice shall issue a notification to the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee of the commune) that issued the Certificate of Marital Status to the Vietnamese citizen, for annotation in the Register of Issuance of Certificates of Marital Status.

2. In cases where marriage registration is refused according to Article 12 of Decree No. 24/2013/NĐ-CP, terminating the processing of the marriage registration dossier according to Article 4 of this Circular, the Department of Justice shall issue a notification to the People's Committee of the commune where the Vietnamese citizen resides, for annotation in the Register of Issuance of Certificates of Marital Status.

3. After issuing the Decision on Acknowledgment of Parentage to the parties; recording the acknowledgment of parentage of Vietnamese citizens processed at competent authorities abroad in the register, the Department of Justice shall issue a notification to the People's Committee of the commune where the birth registration of the child who is a Vietnamese citizen was registered, for annotation in the Birth Registration Register.

4. In cases where Vietnamese citizens residing abroad have their Certificate of Marital Status issued by diplomatic missions, consular offices, and other agencies authorized to perform consular functions of Vietnam abroad (hereinafter referred to as Diplomatic Missions), after registering the marriage, the Department of Justice shall send a letter to the Consular Department, Ministry of Foreign Affairs to notify the Diplomatic Mission to annotate in the Register of Issuance of Certificates of Marital Status.

Chapter II

GUIDANCE ON PROCEDURES FOR MARRIAGE REGISTRATION

Article 6. Marriage Registration File

The marriage registration dossier shall be carried out in accordance with Article 7 of Decree No. 24/2013/NĐ-CP and shall be guided as follows:

1. Regarding the Marriage Registration Application Form

Each party must fill out a Marriage Registration Form (according to the prescribed model), providing information of both male and female parties; signing and clearly writing their full names on the form. If both parties are present when submitting the dossier, only one Marriage Registration Form is required, providing information of both male and female parties; signing and clearly writing their full names.

If the Marriage Registration Form already has confirmation from a competent authority in Vietnam regarding the marital status of the parties, then there is no need to submit a Certificate of Marital Status. If a Certificate of Marital Status is already available, it is not necessary to confirm it on the Marriage Registration Form.

2. Regarding documents proving marital status

a) Vietnamese citizens residing abroad (without concurrent foreign citizenship) must submit a Certificate of Marital Status issued by the Diplomatic Mission in the country where they reside or proof of marital status issued by a competent authority in the foreign country where they reside.

b) Vietnamese citizens residing abroad (with concurrent foreign citizenship) must submit proof of marital status issued by a competent authority in the country where they hold citizenship and a Certificate of Marital Status issued by a competent authority in Vietnam.

c) Stateless persons residing permanently in Vietnam must submit a Certificate of Marital Status issued by the People's Committee of the commune where they reside.

3. Regarding the Certificate of Meeting Conditions for Marriage

Foreign nationals not habitually resident in Vietnam, in addition to submitting proof of marital status issued by a competent authority in the country where they hold citizenship or are habitually resident, must also submit a Certificate of Meeting Conditions for Marriage under the laws of that country, except in cases where the laws of that country do not provide for such issuance.

4. Regarding the Certificate confirming that Vietnamese citizens have been advised and supported on marriages and families involving foreign elements

a) The Certificate confirming that Vietnamese citizens have been advised and supported on marriages and families involving foreign elements (hereinafter referred to as the Certificate of the Center) is issued by the Center for Advising and Supporting Marriages and Families Involving Foreign Elements to Vietnamese citizens to supplement the marriage registration dossier in cases specified in point b, Clause 4 of this Article.

b) In marriages between Vietnamese citizens and foreigners, if the parties fall into any of the following categories, they must visit the Center to receive advice and support:

- Both parties differ in age by twenty years or more;

- The foreigner is marrying for the third time or has previously married and divorced a spouse who is a Vietnamese citizen;

- Both parties lack knowledge of each other's family circumstances and personal circumstances; lack understanding of the language, customs, traditions, culture, and laws on marriage and family of each country.

c) In cases where the Vietnamese citizen is fluent in the language used by the foreigner or the foreigner is fluent in Vietnamese, and the interview results at the Department of Justice show that both parties have knowledge of each other's family circumstances and personal circumstances, understand the language, customs, traditions, culture, and laws on marriage and family of each country, then there is no need to supplement the Certificate of the Center.

Article 7. Procedure for handling marriage registration files

The procedure for handling marriage registration files shall be carried out in accordance with Article 10 of Decree No. 24/2013/NĐ-CP and shall be guided as follows:

1. In cases where the parties have legitimate reasons that prevent them from being present for the interview on the notified date, they must submit a written request to reschedule the interview, specifying the reason for their inability to attend. The subsequent interview date shall not exceed 30 days from the previously scheduled interview date and shall not be counted within the time limit for handling the marriage registration file.

2. During the interview, staff of the Department of Justice must clarify the voluntariness and purpose of marriage for both parties; their understanding of each other's family circumstances, personal circumstances, language, customs, traditions, culture, and laws regarding marriage and family of the country or territory where the other party resides.

3. If during the interview, it is discovered that the person being interviewed exhibits abnormal signs in terms of cognition and cannot control their own behavior, the staff of the Department of Justice will require the party to undergo a re-examination at a specialized mental health organization in Vietnam.

4. In cases where the marriage is deemed to relate to national security, public order, and safety, involving illegal entry or exit, human trafficking, illegal matchmaking, fake marriages for the purpose of exiting the country, profiteering, or other issues related to the functions of the police authority, the Department of Justice will send a letter along with a copy of one set of the marriage registration file to the corresponding level police authority requesting verification.

If the verification period specified in Clause 2, Article 10 of
Decree No. 24/2013/NĐ-CP has expired and the police authority has not provided a response, the Department of Justice will still complete the file, propose opinions for review and decision by the Chairman of the Provincial People's Committee, clearly stating the issue that was requested to be verified by the police authority.

Article 8. Organizing the Marriage Registration Ceremony

The organization of the marriage registration ceremony shall be carried out in accordance with Article 11 of Decree No. 24/2013/NĐ-CP and shall be guided as follows:

1. When organizing the marriage registration ceremony, both male and female parties must be present and produce their Identity Card, Passport, or alternative documents such as travel permit or residence card.

2. In cases where there are legitimate reasons preventing both male and female parties from being present for the marriage registration ceremony on the date determined by the Department of Justice, the parties must submit a written request to the Department of Justice for an extension of the ceremony date and specify the reason for their inability to attend.

3. After 90 days from the date the Chairman of the Provincial People's Committee signs the Marriage Certificate, if both male and female parties are absent from the marriage registration ceremony, the Department of Justice will report this matter to the Chairman of the Provincial People's Committee, annotate the absence of the parties in the Marriage Certificate, and retain the file; this Marriage Certificate will not have legal validity.

If the parties subsequently request the organization of the marriage registration ceremony, they must go through the marriage registration process again from the beginning.

Chapter III

GUIDANCE ON THE PROCEDURE FOR ISSUING A CERTIFICATE OF MARITAL STATUS FOR VIETNAMESE CITIZENS RESIDING IN VIETNAM TO REGISTER MARRIAGE WITH FOREIGNERS AT THE AUTHORIZED AUTHORITIES
ABROAD IN FOREIGN COUNTRIES

Article 9. Examination and Verification of Application Files for Issuing Marriage Status Certificates

The procedure for examining and verifying application files for issuing marriage status certificates for Vietnamese citizens residing in Vietnam to register their marriage with foreigners at foreign competent authorities abroad shall be carried out in accordance with Article 15 of Decree No. 24/2013/NĐ-CP and shall be guided as follows:

1. Within two working days from the date of receiving complete and valid application files and fees, the People's Committee of the commune shall check the personal information and marital status of the applicant for the marriage status certificate; issue a report on the results of the verification and clearly state any issues requiring consultation, and send it to the Department of Justice along with the application file.

2. The Department of Justice shall examine the legality and completeness of the application files for issuing marriage status certificates. In cases where clarification is needed regarding personal information, marital status, marriage conditions, and marriage purposes of the applicant for the marriage status certificate, the Department of Justice shall conduct verifications. If the Department of Justice’s office is far from the place of residence of the applicant for the marriage status certificate, the Department of Justice may request the District Legal Office to assist in verification. Upon receipt of the request, the District Legal Office shall conduct verification and report the results to the Department of Justice.

Article 10. Interviewing Applicants for Marriage Status Certificates

The procedure for interviewing applicants for marriage status certificates to register their marriage at foreign competent authorities abroad in accordance with Clause 6 of Article 15 of Decree No. 24/2013/NĐ-CP shall be carried out as follows:

1. The Department of Justice shall assign staff to interview the applicant for the marriage status certificate.

During the interview, the Department of Justice staff must clarify the voluntariness and purpose of marriage of the Vietnamese citizen; the understanding of the Vietnamese citizen about the family circumstances, personal circumstances of the foreigner, language, customs, traditions, culture, and laws on marriage and family of the country or region where the foreigner resides.

2. If the examination, verification, and interview results of the Vietnamese party indicate any of the following situations, the Department of Justice shall require the foreign party to come to Vietnam for further interviews:

a) There is a difference of twenty years or more between the two parties;

b) The foreigner has married for the third time or has been divorced from a Vietnamese spouse;

c) The Vietnamese citizen does not understand the family circumstances, personal circumstances of the foreigner; does not understand the language, customs, traditions, culture, and laws on marriage and family of the country or region where the foreigner resides;

d) The applicant for the marriage status certificate states that they will not be present to register the marriage at the foreign competent authority abroad.

3. The interview results must be recorded in writing, signed by the interviewer and the interviewee.

Article 11. Refusal to Issue Marriage Status Certificates

The People's Committee of the commune shall refuse to issue a marriage status certificate if any of the following situations apply:

1. A Vietnamese citizen requests issuance of a marriage status certificate to marry a foreigner at the diplomatic mission or consular office of a foreign country in Vietnam.

2. The verification and investigation results show that the actual marital status of the party differs from the declaration in the application file; the party does not meet the conditions for marriage as stipulated by the Law on Marriage and Family.

3. The interview results show that both parties lack knowledge about each other's family circumstances and personal circumstances; lack knowledge about the language, customs, traditions, culture, and laws on marriage and family of each country.

4. The marriage is not voluntary and does not aim to build a warm, equal, progressive, happy, and stable family.

5. The marriage is arranged through illegal intermediaries.

6. The marriage is exploited for the purpose of leaving the country, making money, or for other profit motives.

Chapter IV

GUIDELINES FOR RECORDING MARRIAGE REGISTRATIONS
OF VIETNAMESE CITIZENS RESOLVED AT FOREIGN COMPETENT AUTHORITIES ABROAD
ABROAD

Article 12. Registering Marriage Records

The registration of marriage records shall be carried out in accordance with Clause 2, Article 17 of Decree No. 24/2013/NĐ-CP and shall be guided as follows:

1. The person requesting to register the marriage record must submit a copy of the documents proving the identity of both male and female parties.

2. In cases where the marriage certificate issued by the competent authority of a foreign country includes information about identity documents (such as passports), a copy of such identity documents must be submitted.

Article 13. Procedure for Processing Marriage Registration Records of Vietnamese Citizens Residing in Vietnam at the Time of Marriage The procedure and formalities for processing marriage registration records of Vietnamese citizens residing in Vietnam at the time of marriage shall be carried out in accordance with Article 17 of Decree No. 24/2013/NĐ-CP and shall be guided as follows:

1. After receiving the file, the Department of Justice shall examine the documents in the file, compare them with the file for issuing the Certificate of Marital Status for that citizen. If it is found that the issuance of the Certificate of Marital Status complies with the procedures and formalities, and the marriage meets the conditions stipulated in Clause 1, Article 16 of Decree No. 24/2013/NĐ-CP, then the marriage shall be registered.

In cases where Vietnamese citizens have been issued a Certificate of Marital Status in another province, the Department of Justice shall send a letter to the Department of Justice in the place where the opinion on issuing the Certificate of Marital Status was given, requesting verification and comparison. If the issuance of the Certificate of Marital Status complies with the procedures and formalities, and the marriage meets the conditions stipulated in Clause 1, Article 16 of Decree No. 24/2013/NĐ-CP, then the marriage shall be registered.

2. In cases where the issuance of the Certificate of Marital Status does not comply with the procedures and formalities, the Department of Justice shall conduct an investigation to clarify the matter. If the investigation results show that the party has met the marriage conditions (at the time of requesting the Certificate of Marital Status), and the marital status of the Vietnamese citizen is confirmed to be correct, the Department of Justice shall still proceed to register the marriage and issue a Certificate of Marital Status to the party.

After registering the marriage, the Department of Justice shall send a letter to the People's Committee of the commune where the Certificate of Marital Status was issued to rectify and handle the situation according to regulations.

Article 14. Refusal to Register Marriage Records

The Department of Justice shall refuse to register the marriage records of Vietnamese citizens who have been resolved by the competent authority of a foreign country abroad if they fall under any of the following circumstances:

1. The marriage does not meet the conditions stipulated in Clause 1, Article 16 of Decree No. 24/2013/NĐ-CP.

2. Using fake documents, altered or tampered documents to process the issuance of the Certificate of Marital Status, marriage, and registration of marriage records.

3. The People's Committee of the commune did not seek the opinion of the Department of Justice before issuing the Certificate of Marital Status for the citizen in accordance with Article 15 of Decree No. 24/2013/NĐ-CP, and at the same time, the Vietnamese citizen does not meet the marriage conditions (at the time of requesting the Certificate of Marital Status), and the marital status of the Vietnamese citizen is confirmed incorrectly.

GUIDELINES FOR PROCEDURES TO RECOGNIZE FATHER, MOTHER, AND CHILD

Chapter V

GUIDELINES FOR THE PROCEDURE TO ACKNOWLEDGE PARENT AND CHILD RELATIONSHIP

Article 15. Procedure for Resolving Adoption of Father, Mother, or Child

The procedure for resolving the adoption of father, mother, or child shall be carried out in accordance with Article 22 of Decree No. 24/2013/NĐ-CP and is guided as follows:

1. The notice of adoption of father, mother, or child must include the following information: full name, gender, date of birth, place of residence, identification card number or Passport (if available) of the adopter and the adopted person who is father, mother, or child; the time of registration for the adoption of father, mother, or child at the Department of Justice.

2. After receiving a complete and valid file from either the adopter or the adopted person, if one of them dies, the Department of Justice will continue to resolve the adoption of father, mother, or child according to regulations; if both die, the resolution of the adoption file will be terminated.

3. During the process of resolving the file, if disputes, complaints, or accusations arise regarding the adoption of father, mother, or child, the Department of Justice will suspend the resolution of the file and guide the parties to follow the procedures to request the competent People's Court to resolve the dispute (for disputes about adoption of father, mother, or child) or request the competent authority to resolve (for complaints or accusations about adoption of father, mother, or child).

4. In cases where one party or both parties to the adoption of father, mother, or child have legitimate reasons that prevent their presence to receive the Decision recognizing the adoption of father, mother, or child at the time set by the Department of Justice, they must submit a written request to the Department of Justice to change the time of receipt of the Decision, clearly stating the reason for their absence.

The Decision recognizing the adoption of father, mother, or child takes effect from the date signed by the Director of the Department of Justice.

Article 16. Adoption of Father, Mother, or Child Combined with Birth Registration

During the process of resolving the adoption of father, mother, or child in accordance with Article 22 of Decree No. 24/2013/NĐ-CP, if the child has not been registered for birth, the adoption of father, mother, or child and birth registration shall be combined as follows:

1. In cases where the birth registration falls within the jurisdiction of the Department of Justice, the Department of Justice will combine the resolution of the adoption of father, mother, or child and birth registration. The Birth Certificate (or substitute document for the Birth Certificate) and the Birth Registration Form have the value of replacing the Birth Certificate in the file for registering the adoption of father, mother, or child.

2. In cases where the birth registration falls within the jurisdiction of the Commune People's Committee, the Department of Justice will resolve the adoption of father, mother, or child first; the Birth Certificate (or substitute document for the Birth Certificate) and the Birth Registration Form have the value of replacing the Birth Certificate in the file for registering the adoption of father, mother, or child.

After resolving the adoption of father, mother, or child, the Department of Justice will issue a notification accompanied by a copy of the Decision recognizing the adoption of father, mother, or child, the Birth Certificate (or substitute document for the Birth Certificate), and the Birth Registration Form to the Commune People's Committee to proceed with the birth registration for the child.

Chapter VI

GUIDANCE ON THE ORGANIZATION AND OPERATION

OF THE CENTER FOR COUNSELING AND SUPPORT FOR MARRIAGE AND FAMILY

WITH FOREIGN ELEMENTS

Article 17. Conditions for Establishing the Center

The conditions for establishing a Center for Counseling and Support for Marriage and Family with Foreign Elements (hereinafter referred to as the Center) in accordance with Article 31 of Decree No. 24/2013/NĐ-CP and is guided as follows:

1. The location of the Center's operation can be independent from the location of counseling and support classes, but must ensure sufficient area and working facilities suitable for the practical needs of each locality.

2. The Center must have at least one full-time counseling specialist; additionally, it may use cooperating specialists in language, cultural-social, and legal fields to carry out counseling and support activities.

Article 18. Powers and Obligations of the Center

The powers and obligations of the Center shall be carried out in accordance with Article 33 of Decree No. 24/2013/NĐ-CP and are guided as follows:

1. When someone requests advice or support, the Center shall be responsible for:

a) Receiving the request for advice or support;

b) Arranging appropriate locations and experts to provide advisory and support services;

c) Issuing a Center Confirmation Certificate after providing advisory and support services to the applicant to supplement the marriage registration dossier in accordance with Clause 4, Article 6 of this Circular.

2. The Center provides advisory and support services to all subjects upon request, regardless of nationality or place of residence of the applicant.

3. The time for providing advisory and support services is agreed between the Center and the applicant; the Center issues the Center Confirmation Certificate immediately after completing the advisory and support period without organizing examinations or assessments.

4. A marriage support center established in accordance with Decree No. 68/2002/NĐ-CP dated July 10, 2002, of the Government detailing certain provisions of the Marriage and Family Law regarding foreign-related marital and family relations, which has not yet changed its name, organizational model, or activities in accordance with Decree No. 24/2013/NĐ-CP, shall only conduct advisory and support services and issue Center Confirmation Certificates as stipulated in Clause 1 and Clause 3 of this Article and shall not carry out activities as specified in point g and point h of Clause 1, Article 33 of Decree No. 24/2013/NĐ-CP.

Chapter VII

IMPLEMENTING PROVISIONS

Article 19. Effective Date

1. This Circular takes effect from February 17, 2014.

2. Based on Decree No. 24/2013/NĐ-CP, this Circular, and specific conditions at the locality, the Department of Justice may coordinate with relevant departments and agencies to submit a cooperation regulation to the Chairman of the Provincial People's Committee for issuance to strengthen state management and effectively resolve matters related to foreign-related marriages and families in the locality.

3. During implementation, if there are any difficulties, it is requested that the provincial People's Committee and the Department of Justice promptly report to the Ministry of Justice for guidance./.