Circular Joint No. 503/TT-LB detailing the implementation of Decree No. 184/CP dated November 30, 1994 of the Government on procedures for marriage, recognition of children born out of wedlock, adoption, and guardianship between Vietnamese citizens and foreigners.

JOINT CIRCULAR

Detailed guidance on implementing Decree No. 184/CP dated November 30, 1994 of the Government regarding marriage procedures, acknowledgment of children born out of wedlock, adoption, and guardianship between Vietnamese citizens and foreigners.

On December 2, 1993, the Standing Committee of the National Assembly adopted the Ordinance on Marriage and Family Relations between Vietnamese Citizens and Foreigners, and on November 30, 1994, the Government issued Decree No. 184-CP stipulating the procedures for marriage, acknowledgment of children born out of wedlock, adoption, and guardianship between Vietnamese citizens and foreigners.

The Ministry of Justice, Ministry of Foreign Affairs, and the Ministry of Home Affairs hereby provide detailed guidance on implementing this Decree as follows:

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1. This Circular sets forth the system and procedure for coordinating work among Ministries and among specialized agencies of Ministries at provincial level based on the appropriate management functions of each sector in handling matters related to registration of marriage, recognition of marriage, acknowledgment of parentage of children born out of wedlock, registration of adoption, recognition of adoption, and recognition of guardianship between Vietnamese citizens and foreigners, and between Vietnamese citizens residing abroad (hereinafter referred to collectively as between Vietnamese citizens and foreigners).

2. The Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Home Affairs, within their respective functions, duties, and authorities, shall be responsible for directing and guiding subordinate agencies to strictly implement the Ordinance on Marriage and Family Relations between Vietnamese Citizens and Foreigners, Decree No. 184-CP dated November 30, 1994 of the Government stipulating the procedures for marriage, acknowledgment of children born out of wedlock, adoption, and guardianship between Vietnamese citizens and foreigners (hereinafter referred to as the Decree), and this Circular, regularly exchanging opinions, drawing lessons learned, and proposing measures to continue effectively implementing legal provisions in this field.

I - GENERAL PROVISIONS

3. Documents issued by competent authorities of foreign countries or notarized in relation to marriage and family relations between Vietnamese citizens and foreigners must be legalized by diplomatic missions or consular offices of Vietnam in that country (hereinafter referred to as diplomatic or consular offices) or the Ministry of Foreign Affairs of Vietnam. Legalization shall follow the provisions of Circular No. 1413-NG/TT dated July 31, 1993 of the Minister of Foreign Affairs stipulating the rules for consular legalization.

These documents, after being legalized, must be translated into Vietnamese. The translation must be notarized according to Vietnamese law.

Specifically, documents from the competent authorities of countries that have signed with our country Agreements on Mutual Judicial Assistance in Civil, Family, and Criminal Matters which include provisions exempting consular legalization (see Appendix attached to this Circular) are exempted from consular legalization.

4. Provincial Department of Justice (hereinafter referred to as the Department of Justice), diplomatic or consular offices when receiving applications for registration of marriage, recognition of marriage, acknowledgment of parentage of children born out of wedlock, registration of adoption, recognition of adoption between Vietnamese citizens and foreigners may collect fees.

The amount of fee collection, management, and use must comply with the provisions of Joint Circular No. 33-TT/LB dated April 24, 1995 of the Ministry of Finance and the Ministry of Justice stipulating the system for collecting, submitting, managing, and using fees for registration of marriage, recognition of marriage, acknowledgment of parentage of children born out of wedlock, registration of adoption, and recognition of adoption between Vietnamese citizens and foreigners.

For the recognition of guardianship between Vietnamese citizens and foreigners, no fees will be collected.

5. After completing the registration of marriage, recognition of marriage, acknowledgment of parentage of children born out of wedlock, registration of adoption, recognition of adoption, and recognition of guardianship, the Department of Justice, diplomatic or consular offices shall be responsible for sending a set of files to the Ministry of Justice for monitoring and management.

In cases where the parties submit a complaint about the refusal by the People's Committee of the province or the diplomatic or consular office to handle matters related to marriage and family relations between Vietnamese citizens and foreigners, within seven days from the date of receipt of the party's complaint or notification from the Ministry of Justice about the submission of a complaint, the Department of Justice must send a set of files to the Ministry of Justice along with a letter clearly stating the reasons for refusing to handle the matter. Diplomatic or consular offices must also send within the aforementioned period or in the earliest diplomatic pouch.

6. The certificates specified in points 2.c, 2.e of Section A; points 1.2.c, 2.2.d, 3.2.c, and 4.1 (paragraph 3) of Section D; point 2.2.b of Section G in Part II of this Circular shall apply 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 or consular office of Vietnam in that country.

II - PROCEDURE FOR COORDINATING THE HANDLING OF MATTERS RELATED TO REGISTRATION OF MARRIAGE, RECOGNITION OF MARRIAGE, ACKNOWLEDGEMENT OF CHILDREN BORN OUT OF WEDLOCK, REGISTRATION OF ADOPTION, RECOGNITION OF ADOPTION, AND RECOGNITION OF GUARDIANSHIP.

A - REGISTRATION OF MARRIAGE.

1. The Department of Justice where the Vietnamese citizen resides shall receive the application for registration of marriage; in the case where the marriage takes place abroad, the diplomatic or consular office where the Vietnamese citizen resides shall receive the application.

2. The application for registration of marriage must be prepared in two copies, each copy containing the following documents:

a) Application form for registration of marriage (according to Model No. 01-TP/HT-NN of the Ministry of Justice);

b) Certified copies of birth certificates of each party.

a) Application for marriage registration (in accordance with Form No. 01-TP/HT-NN of the Ministry of Justice);

b) A copy of the birth certificate of each party.

c) Certificate issued by the People's Committee of the commune, ward, town where the Vietnamese citizen resides, and a certificate issued by the competent authority of the country of which the foreign citizen is a national, not older than three months, confirming that the party is currently unmarried; if they were previously married but have since divorced or their spouse has died, then a copy of the Divorce Decision, Death Certificate, or Declaration of Death must be provided;

d) A certificate issued by a competent health organization, approved by the agency receiving the application, not older than three months, confirming that neither party suffers from mental illness or mental illness to the extent that they lack the capacity to understand their actions, does not suffer from sexually transmitted diseases, and is not infected with HIV/AIDS;

e) A certificate issued by the competent authority of the country of which the foreign citizen is a national, confirming 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 that country require a permit for marriage with a foreigner, then this certificate must clearly state that the person is permitted to marry a Vietnamese citizen (this certificate is not required for marriages between Vietnamese citizens where one party resides abroad);

g) A certificate issued by the unit or central or provincial management agency of the sector in which the Vietnamese citizen who is serving in the armed forces or working directly related to state secrets is employed, confirming that their marriage to a foreigner will not affect the protection of state secrets or violate the regulations of their sector;

3. The procedure for coordinating the registration of marriage in Vietnam shall be carried out as follows:

a) When receiving the application, the Department of Justice must check the validity of all documents in the application;

Within seven days from the date of receipt of the complete application and payment of fees, the Department of Justice must review the application and send a letter requesting the provincial police agency (hereinafter referred to as the police agency) to verify according to its specialized functions. The letter should clearly state the requirements for the police agency to verify and investigate;

b) Within thirty days from the date of receipt of the request letter from the Department of Justice, the police agency must respond in writing to the Department of Justice with the results of verification and investigation; if additional verification is needed, the deadline may be extended by no more than fifteen days, and the police agency must notify the Department of Justice of the extension of the deadline;

c) After receiving the written response from the police agency, the Department of Justice must propose a written recommendation to the Chairman of the Provincial People's Committee for decision;

d) If it is determined that the parties meet the conditions for marriage, the Chairman of the Provincial People's Committee shall sign the Marriage Registration Certificate;

e) Within seven days from the date the Chairman of the Provincial People's Committee signs the Marriage Registration Certificate, except in cases of legitimate reasons where the parties request a different timeframe, the Department of Justice shall issue the Marriage Registration Certificate to the parties and record it in the Marriage Registration Book, while simultaneously notifying the People's Committee of the commune where the Vietnamese citizen resides to note it in the household registry;

The issuance of the Marriage Registration Certificate must be conducted solemnly, with both parties present and presenting their passports, identity cards, or other valid documents before signing the Marriage Registration Certificate and the Marriage Registration Book;

4. The procedure for registering marriage at diplomatic and consular agencies shall be carried out as follows:

a) When receiving the application, the diplomatic or consular agency must check the validity of all documents in the application;

Within seven days from the date of receipt of the complete application and payment of fees, the diplomatic or consular agency must review the application and, in cases of doubt regarding the accuracy of the statements made by the parties, the value of the documents in the application, or when the foreign party is a dual or multiple nationality holder and there are complaints or accusations related to the registration of marriage, etc., the diplomatic or consular agency must send a letter to the Ministry of Foreign Affairs, the Ministry of Justice, or the Ministry of Home Affairs for advice. The letter should clearly state the issues requiring advice;

b) Within thirty days from the date of receipt of the request letter from the diplomatic or consular agency, the agency requested for advice must respond in writing; if additional verification is needed, the deadline may be extended by no more than fifteen days, and the agency must notify the diplomatic or consular agency of the extension of the deadline;

c) If it is determined that the parties meet the conditions for marriage and the registration of marriage does not contravene the laws of the receiving country or the Mutual Legal Assistance Agreement or Consular Agreement signed between our country and the receiving country, the head of the diplomatic or consular agency shall sign the Marriage Registration Certificate;

In cases where a request for advice from domestic agencies has already been made, the signing of the Marriage Registration Certificate can only be carried out after receiving a written response from these agencies;

d) Within seven days from the date the head of the diplomatic or consular agency signs the Marriage Registration Certificate, except in cases of legitimate reasons where the parties request a different timeframe, the diplomatic or consular agency shall issue the Marriage Registration Certificate to the parties and record it in the Marriage Registration Book, while simultaneously notifying the People's Committee of the commune where the Vietnamese citizen resides in the country to note it in the household registry;

The issuance of the Marriage Registration Certificate must be conducted solemnly; both parties must be present and present their passports or other valid documents before signing the Marriage Registration Certificate and the Marriage Registration Book;

B. RECOGNITION OF MARRIAGES REGISTERED ABROAD

1. The Department of Justice, where the residence of the party is a Vietnamese citizen or a foreign citizen, receives applications for recognition of marriages registered with competent authorities abroad;

2. Applications for recognition of marriage must be prepared in two sets, each set consisting of the following documents:

a) Application for Recognition of Marriage (according to Model No. 02-TP/HT-NN of the Ministry of Justice);

b) Marriage Certificate issued by the competent authority of the foreign country;

c) Other necessary documents (if any).

3. The procedure for recognizing marriage shall be carried out as follows:

a) When receiving the dossier, the Department of Justice must check the validity of all documents in the dossier. Within thirty days from the date of receipt of the complete dossier and payment of fees, the Department of Justice must study the dossier and submit a written proposal to the Chairman of the Provincial People's Committee for decision.

b) If it is found that the recognition of the marriage does not contravene the fundamental principles of the Law on Marriage and Family of Vietnam or that the recognition of the marriage is beneficial for protecting the rights of women and children, then the Chairman of the Provincial People's Committee shall sign the Decision to recognize the marriage.

c) Within seven days from the date the Chairman of the Provincial People's Committee signs the Decision to recognize the marriage, except in cases where there are valid reasons and the parties request otherwise regarding the time limit, the Department of Justice shall deliver the Decision to the parties and record it in the Marriage Registration Book, while notifying the People's Committee of the commune where the Vietnamese citizen usually resides to note it in the Household Register.

C. RECOGNITION OF THE PARENTS' ADOPTION OF A CHILD BORN OUT OF WEDLOCK

1. The Department of Justice, where the child who is a Vietnamese citizen or foreigner usually resides, shall receive the dossier for the recognition of the child born out of wedlock.

2. The dossier for the recognition of the child born out of wedlock must be prepared in two copies, each copy consisting of the following documents:

a) Application for recognition of the child born out of wedlock. In the application, the full name, date of birth, nationality, place of usual residence, occupation, contact address, passport number, identity card or other valid identification documents; the reason for requesting recognition; the full name, date of birth, and place of usual residence of the child must be clearly stated.

b) A copy of the Birth Certificate, Household Register, or Registration of Permanent Residence of the child;

c) Necessary documents proving the father-child or mother-child relationship (if any).

3. The procedure for recognizing the parents' adoption of a child born out of wedlock shall be carried out as follows:

a) When receiving the application, the Department of Justice must check the validity of all documents in the application;

Within seven days from the date of receipt of the complete dossier and payment of fees, the Department of Justice must study the dossier and post the relevant information at its headquarters and the headquarters of the People's Committee of the commune where the child usually resides.

b) After thirty days from the date of posting, if there is no dispute regarding the parents' adoption of the child born out of wedlock, the Department of Justice shall submit a written proposal to the Chairman of the Provincial People's Committee for decision.

c) The Chairman of the Provincial People's Committee shall examine the proposal submitted by the Department of Justice, and if it is found that there is sufficient legal basis, he/she shall sign the Decision to recognize the parents' adoption of the child born out of wedlock.

d) Within seven days from the date the Chairman of the Provincial People's Committee signs the Decision to recognize the child born out of wedlock, except in cases where there are valid reasons and the parties request otherwise regarding the time limit, the Department of Justice shall deliver the Decision to the parties and notify the People's Committee of the commune where the child was registered for birth in writing, so that it can be recorded in the Birth Register and the People's Committee of the commune where the child usually resides.

D. REGISTRATION OF ADOPTION OF A STEPCHILD

1. Registration of adoption between a foreign adoptive parent and a Vietnamese adopted child.

1.1. The Department of Justice, where the Vietnamese child usually resides, shall receive the dossier for adoption.

1.2. The dossier for adoption must be prepared in two copies, each copy consisting of the following documents:

a) Application for adoption of a Vietnamese child as a stepchild (according to Model No. 03-TP/HT-NN of the Ministry of Justice); if the applicant has a spouse, then the application must also include the consent of the spouse regarding the adoption;

b) A copy of the Passport or other valid identification documents of the applicant;

c) Confirmation issued by the competent authority of the country of which the applicant is a citizen, not more than six months old, confirming that the applicant meets the conditions to adopt a stepchild under the laws of that country and that the adoption of a Vietnamese child as a stepchild is recognized in that country;

d) Confirmation issued by a competent health organization, not more than six months old, confirming that the applicant is in good health and does not suffer from mental illness or infectious diseases;

e) Confirmation issued not more than six months ago, confirming that the annual income of the applicant is sufficient to ensure the maintenance of the stepchild;

g) Commitment letter (according to Model No. 04 TP/HT-NN of the Ministry of Justice) regarding the annual notification to the Ministry of Justice and the People's Committee of the province issuing the decision on adoption about the development status of the stepchild until the stepchild reaches eighteen years of age; this notification must be confirmed by the competent authority of the country where the stepchild usually resides;

h) A copy of the Birth Certificate of the child to be adopted;

i) Confirmation issued by the parents or guardians of the child voluntarily agreeing to the child being adopted by a foreigner; in case there are no parents or guardians, confirmation must be issued by the person directly raising the child; if the child is living in a care facility, then written consent from the head of the care facility regarding the adoption must be obtained.

For children aged nine years or older, their written consent must also be obtained for adoption by a foreigner.

In the case of a newborn abandoned at a medical facility being adopted, written consent from the head of the medical facility must be obtained, accompanied by a record confirming the abandonment of the child.

1.3. The procedure for coordinating the resolution of the registration of adoption shall be carried out as follows:

a) When receiving the dossier, the Department of Justice must check the validity of all documents in the dossier.

Within seven days from the date of receipt of the complete dossier and payment of fees, the Department of Justice must study the dossier and send a letter to the Public Security Authority to review according to its specialized functions. The letter must clearly state the requirements for the Public Security Authority to review and verify.

b) Within thirty days from the date of receipt of the request letter from the Department of Justice, the police agency must respond in writing to the Department of Justice with the results of verification and investigation; if additional verification is needed, the deadline may be extended by no more than fifteen days, and the police agency must notify the Department of Justice of the extension of the deadline;

c) After receiving the written response from the police agency, the Department of Justice must propose a written recommendation to the Chairman of the Provincial People's Committee for decision;

d) If it is found that there are sufficient conditions for the registration of adoption and that the adoption is beneficial for the child, then the Chairman of the Provincial People's Committee shall sign the Decision allowing the foreigner to adopt the child.

e) Within seven days from the date on which the Chairman of the Provincial People's Committee signs the Decision to accept the child for adoption, except in cases where there are valid reasons for the parties to request a different time limit, but not exceeding three months, the Department of Justice shall organize the transfer of the adopted child.

g) The transfer of the adopted child must be solemnly conducted at the office of 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 adopted child.

At the time of the transfer, the representative of the Department of Justice shall hand over the Decision to the adoptive parent and record it in the Register of Adoption, while simultaneously notifying the People's Committee of the commune where the Vietnamese citizen resides permanently to note it in the Household Registration Book.

The transfer of the adopted child must be recorded in a protocol (according to Model No. 05-TP/HT-NN of the Ministry of Justice).

2. Registration of adoption between a Vietnamese citizen as the adoptive parent and a foreigner as the adopted child who is residing in Vietnam.

2.1. The Department of Justice where the foreign child usually resides shall receive the application dossier for adoption.

2.2. The application dossier for adoption must be prepared in two copies, each copy including the following documents:

a) An application form to adopt a foreign child residing in Vietnam as an adopted child (according to Model No. 06-TP/HT-NN of the Ministry of Justice); if the applicant for adoption has a spouse, then the application must also include the consent of the spouse regarding the adoption;

b) A copy of the Birth Certificate and Household Registration Book of the applicant for adoption;

c) A certificate issued by the People's Committee of the commune where the applicant for adoption resides, confirming that the applicant meets the conditions for adoption as stipulated in Article 34 and Article 35 of the Law on Marriage and Family of Vietnam;

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

e) A certificate issued by a medical organization recognized by the Department of Justice, not older than six months, confirming that the applicant for adoption is healthy and does not suffer from mental illness or infectious diseases;

g) A certificate not older than six months, confirming the annual income of the applicant for adoption sufficient to ensure the maintenance of the adopted child;

h) A copy of the Birth Certificate or Permanent Residence Registration Certificate of the child to be adopted;

i) A certificate issued by the parents or guardians of the child voluntarily agreeing to the child being adopted by a Vietnamese citizen; in case there are no parents or guardians, written consent from the person directly raising the child is required;

For children aged nine years or older, written consent from the child is also required.

2.3. The procedure for coordinating the resolution of adoption registration is carried out according to the provisions of point 1.3, section D, part II of this consolidated circular.

3. Registration of adoption at diplomatic or consular agencies between a foreigner as the adoptive parent and a Vietnamese citizen as the adopted child.

3.1. The diplomatic or consular agency where the Vietnamese child resides abroad shall receive the application dossier for adoption.

3.2. The application dossier for adoption must be prepared in two copies, each copy including the following documents:

a) An application form to adopt a foreign child residing in Vietnam as an adopted child (according to Model No. 03-TP/HT-NN of the Ministry of Justice); if the applicant for adoption has a spouse, then the application must also include the consent of the spouse regarding the adoption;

b) A copy of the Passport or other valid identification documents of the applicant;

c) Confirmation issued by the competent authority of the country of which the applicant is a citizen, not more than six months old, confirming that the applicant meets the conditions to adopt a stepchild under the laws of that country and that the adoption of a Vietnamese child as a stepchild is recognized in that country;

d) A certificate issued by a medical organization authorized by the diplomatic or consular agency, not older than six months, confirming that the applicant for adoption is healthy and does not suffer from mental illness or infectious diseases;

e) Confirmation issued not more than six months ago, confirming that the annual income of the applicant is sufficient to ensure the maintenance of the stepchild;

g) A commitment letter (according to Model No. 04-TP/HT-NN of the Ministry of Justice) stating that the applicant for adoption will annually report to the Ministry of Justice and the People's Committee of the province issuing the decision on adoption about the development status of the adopted child until the child reaches eighteen years of age; this report must be confirmed by the competent authority of the country where the adopted child resides;

h) A copy of the Birth Certificate of the child to be adopted;

i) Confirmation issued by the parents or guardians of the child voluntarily agreeing to the child being adopted by a foreigner; in case there are no parents or guardians, confirmation must be issued by the person directly raising the child; if the child is living in a care facility, then written consent from the head of the care facility regarding the adoption must be obtained.

For children aged nine years or older, their written consent must also be obtained for adoption by a foreigner.

3.3. The procedure for coordinating the resolution of adoption registration is carried out as follows:

a) When receiving the application, the diplomatic or consular agency must check the validity of all documents in the application;

Within seven days from the date of receipt of the complete dossier and payment of fees, the diplomatic or consular agency must review the dossier; if it is found that all conditions for adoption registration are met, the adoption is beneficial for the Vietnamese child, and the adoption does not contravene the laws of the receiving country or the judicial assistance agreement, consular agreement signed between our country and the receiving country, then the diplomatic or consular agency shall submit a written opinion to the Ministry of Justice for comments.

b) Within thirty days from the date of receipt of the written proposal from the diplomatic or consular agency, the Ministry of Justice must reply in writing; if further verification is needed, the deadline may be extended by no more than fifteen days, and the diplomatic or consular agency must be notified of the extension of the deadline.

c) After receiving the written approval from the Ministry of Justice, the head of the diplomatic or consular agency shall sign the Decision allowing a foreigner to adopt a Vietnamese child.

d) Within seven days from the date on which the head of the diplomatic or consular agency signs the Decision allowing a foreigner to adopt a Vietnamese child, except in cases where there are valid reasons for the parties to request a different time limit, but not exceeding three months, the diplomatic or consular agency must organize the transfer of the adopted child.

e) The transfer of the adopted child must be solemnly conducted at the office of the diplomatic or consular agency, with the presence of representatives of the agency, the adoptive parent, the adopted child, and the parents or other lawful representatives of the adopted child.

At the time of the transfer, the representative of the diplomatic or consular agency shall hand over the Decision to the adoptive parent and record it in the Register of Adoption, while simultaneously notifying the People's Committee of the commune where the Vietnamese citizen resides permanently to note it in the Household Registration Book.

The transfer of the adopted child must be recorded in a protocol (according to Model No. 05-TP/HT-NN of the Ministry of Justice).

4. Resolution of applications from foreigners to adopt Vietnamese children residing in Vietnam who have not yet been determined.

4.1. In case a foreigner requests to adopt a Vietnamese child residing permanently in Vietnam without specifying a particular child, they must submit an application to the Ministry of Justice of Vietnam.

The application must clearly state their full name, date of birth, gender, nationality, occupation, place of residence, contact address, reasons for adoption, and specific requirements regarding the adopted child such as age, gender, health condition, or disability status (if applicable); the application must be written in Vietnamese or one of the commonly used languages, English or French.

Accompanying the application must be a letter or certificate of introduction from a Vietnamese diplomatic or consular agency abroad or from a diplomatic or consular agency of the country where the applicant is a citizen located in Vietnam, or from another competent authority of the country where the applicant is a citizen.

The person submitting the adoption application is not required to pay a fee.

4.2. The coordination procedure for handling the application shall proceed as follows:

a) Within seven days from the date of receipt of the application, the Ministry of Justice shall send a letter along with a copy of the application to the Department of Justice.

b) Within thirty days from the date of receipt of the letter from the Ministry of Justice, the Department of Justice shall be responsible for coordinating with institutions caring for orphaned, abandoned, or disabled children to introduce children to the foreigner seeking adoption and respond in writing to the Ministry of Justice.

c) Within seven days from the date of receipt of the reply letter from the Department of Justice, the Ministry of Justice shall be responsible for informing the applicant of the outcome.

E. RECOGNITION OF ADOPTIONS REGISTERED ABROAD

1. The Department of Justice at the place of permanent residence of the Vietnamese citizen shall accept applications for recognition of adoptions between a Vietnamese adoptive parent and a foreign adopted child registered with a competent authority abroad.

2. The application for recognition of adoption must be prepared in two sets, each set containing the following documents:

a) Application for recognition of adoption (according to Model No. 07-TP/HT-NN of the Ministry of Justice);

b) Decision of the competent authority abroad recognizing the adoption.

3. The procedure for recognizing adoption shall proceed as follows:

a) When receiving the application, the Department of Justice must check the validity of all documents in the application;

Within seven days from the date of receipt of the complete application and payment of fees, the Department of Justice must review the application and propose recommendations in writing to the Chairman of the Provincial People's Committee for decision.

b) If it is determined that the registration of adoption between a Vietnamese citizen and a foreigner with a competent authority abroad does not violate Articles 34, 35, and 36 of the Law on Marriage and Family of Vietnam or the recognition of adoption does not contravene the fundamental principles of the Law on Marriage and Family of Vietnam, then the Chairman of the Provincial People's Committee shall sign the Decision recognizing the adoption.

c) Within seven days from the date the Chairman of the Provincial People's Committee signs the Decision recognizing the adoption, except in cases of legitimate reasons where the parties request a different timeframe, the Department of Justice shall deliver the Decision to the parties and record it in the Adoption Register while also notifying the People's Committee of the commune where the parties reside to note it in the Household Registry and monitor the adoption.

G. RECOGNITION OF GUARDIANSHIP

1. Recognition of guardianship in Vietnam.

1.1. The Department of Justice at the place of residence of the party shall accept applications for recognition of guardianship between a foreign guardian and a Vietnamese minor.

1.2. The application for recognition of guardianship must be prepared in two sets, each set containing the following documents:

a) Application for guardianship (according to Model No. 08-TP/HT-NN of the Ministry of Justice);

b) Copy of Passport or other valid identification of the guardian and copy of Birth Certificate of the Vietnamese minor;

c) Copy of Permanent Resident Certificate of the guardian and copy of Household Register of the Vietnamese minor;

d) Certificate issued by the People's Committee of the commune where the guardian resides, not older than three months, confirming that the individual has good moral character and meets the actual conditions to serve as a guardian according to Article 48 of the Law on Marriage and Family of Vietnam.

e) Certificate from the parents or other lawful representatives of the minor agreeing to the foreigner taking on guardianship.

1.3. The coordination procedure for handling the recognition of guardianship shall proceed as follows:

a) When receiving the dossier, the Department of Justice must check the validity of all documents in the dossier.

Within five days from the date of receipt of the complete application, the Department of Justice must review the application and send a letter requesting the Public Security Agency to conduct a specialized investigation. The letter must specify the requirements for the Public Security Agency to investigate and verify.

b) Within ten days from the date of receipt of the request letter from the Department of Justice, the Public Security Agency must respond in writing with the results of the investigation and verification to the Department of Justice; if further investigation is needed, the deadline may be extended by no more than seven days; the Public Security Agency must notify the Department of Justice of the extension.

c) After receiving the written response from the police agency, the Department of Justice must propose a written recommendation to the Chairman of the Provincial People's Committee for decision;

d) If it is determined that there are sufficient conditions for recognizing the guardianship and that the guardianship is beneficial for the minor, then the Chairman of the Provincial People's Committee shall sign the Decision recognizing the guardianship.

e) Within seven days from the date the Chairman of the Provincial People's Committee signs the Decision recognizing the guardianship, except in cases of legitimate reasons where the parties request a different timeframe, the Department of Justice must deliver the Decision recognizing the guardianship to the guardian and record it in the Guardianship Register.

g) The Decision recognizing the guardianship must be copied and sent to the People's Committee of the commune where the guardian and the minor reside, to note it in the Household Registry and supervise the guardianship.

2. Recognition of guardianship at diplomatic or consular agencies.

2.1. The diplomatic or consular agency where the Vietnamese minor resides abroad shall accept applications for recognition of guardianship.

2.2. The application for recognition of guardianship must be prepared in two sets, each set containing the following documents:

a) Application for guardianship (according to Model No. 08-TP/HT-NN of the Ministry of Justice);

b) Certificate issued by the competent authority of the country where the applicant is a citizen, not older than three months, confirming that the individual meets the conditions to serve as a guardian under the laws of that country;

c) Copy of Passport or other valid identification of the applicant and copy of Birth Certificate of the Vietnamese minor;

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

2.3. The procedure for coordinating the recognition of adoption shall be carried out as follows:

a) Upon receiving the dossier, the diplomatic or consular agency must verify the authenticity of all documents in the dossier.

Within seven days from the date of receipt of the complete dossier, the diplomatic or consular agency must review the dossier; if it is found that there are sufficient conditions for recognizing the adoption, the adoption is beneficial for Vietnamese children, and the recognition of the adoption does not contravene the laws of the receiving country or the judicial assistance agreement, consular agreement signed between our State and the receiving country, then the diplomatic or consular agency shall propose their opinion in writing to the Ministry of Justice for comments.

b) Within thirty days from the date of receipt of the written proposal from the diplomatic or consular agency, the Ministry of Justice must reply in writing; if further verification is needed, the deadline may be extended by no more than fifteen days, and the diplomatic or consular agency must be notified of the extension of the deadline.

c) After receiving the written approval from the Ministry of Justice, the head of the diplomatic or consular agency signs the Decision on Recognizing the Adoption.

d) Within seven days from the date the head of the diplomatic or consular agency signs the Decision on Recognizing the Adoption, except in cases where there are legitimate reasons and the parties request a different time limit, the diplomatic or consular agency shall proceed to deliver the Decision on Recognizing the Adoption to the parties and record it in the Adoption Register Book.

The Decision on Recognizing the Adoption shall be sent as a copy to the competent authority of the place of residence of the adopter and the adopted person for coordination in supervising the adoption.

III - REPORTING AND COORDINATION REGIME

1. Annually, before February 1st and August 1st, the Department of Justice must send to the Ministry of Justice a consolidated report on the handling of matters related to marriage and family affairs as stipulated in this Joint Circular; the diplomatic or consular agency must send a report to the Ministry of Foreign Affairs, and based on this, the Ministry of Foreign Affairs will compile and notify in writing to the Ministry of Justice.

The report must include the following contents:

a) The number of cases resolved in the first six months of the year (for the document sent before August 1st) and the number of cases resolved throughout the year (for the document sent before February 1st);

b) The number of pending cases and the reasons why they have not been resolved;

c) The number of cases refused resolution, the reasons and measures applied;

d) The collection, payment, management, and use of fees;

e) Cases requiring inspection and supervision; cases and measures applied to resolve complaints and reports (if any);

g) Evaluation of the implementation of laws on marriage and family relations between Vietnamese citizens and foreigners in their respective localities and recommendations for amending and supplementing current legal provisions and implementing solutions.

2. The leadership of the Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Home Affairs shall meet once a year before March 15th to exchange and unify opinions on the annual report of the Ministry of Justice submitted to the Government regarding the situation of registering marriages, recognizing marriages, recognizing the acknowledgment of children born out of wedlock, registering adoption, recognizing adoptions, and recognizing guardianship between Vietnamese citizens and foreigners.

The draft report of the Ministry of Justice must be sent in advance to the Ministry of Foreign Affairs and the Ministry of Home Affairs for study and comments.

3. In cases where a Vietnamese citizen marries a foreigner or is recognized as a foreigner's adopted child and is permitted to exit the country with their spouse, parent, or adopted parent to settle abroad, the Ministry of Home Affairs shall notify the Ministry of Justice and the Ministry of Foreign Affairs in writing about this departure. The notification must clearly state the following elements:

- Name, date of birth, gender, passport number, place of residence of the Vietnamese citizen before departure;

- Name, date of birth, gender, passport number, place of residence abroad of the foreigner;

- Marriage certificate number, date, and issuing authority or adoption recognition decision number, date, and issuing authority;

- The expected place of residence of the Vietnamese citizen abroad;

- Duration of departure from Vietnam.

After receiving the notification from the Ministry of Home Affairs, the Ministry of Foreign Affairs shall be responsible for notifying the diplomatic or consular agencies of Vietnam abroad to implement management, monitoring, and protect the legitimate rights and interests of Vietnamese citizens abroad when necessary.

4. The Ministry of Justice shall be responsible for translating and printing this Decree, Circular, and forms into English and French for widespread dissemination to those interested.

IV - PROVISIONS ON FORMS AND HOUSEHOLD REGISTERS

1. The Ministry of Justice shall issue forms and household registration books and uniformly manage the printing and distribution of these documents and registers.

2. The Department of Justice, diplomatic or consular agencies when handling matters related to registering marriages, recognizing marriages, recognizing the acknowledgment of children born out of wedlock, registering adoption, recognizing adoptions, and recognizing guardianship as stipulated in this Joint Circular, may only use household registers and the following documents issued by the Ministry of Justice, absolutely not using copies, reprints, or typewritten versions:

a) Marriage certificate;

b) Decision on Recognizing the Marriage (registered abroad);

c) Decision on Recognizing Children Born Out of Wedlock;

d) Decision on Recognizing Adopted Children;

e) Decision on Recognizing Adoption (registered abroad);

g) Decision on Recognizing Guardianship.

3. When preparing a dossier to resolve matters related to marriage and family affairs as stipulated in this Decree and Joint Circular, the parties must fill in each section of the application form accurately, clearly, and completely and sign it. If any section is omitted, the application form will not be valid.

V - IMPLEMENTATION PROVISIONS

1. This Circular takes effect from July 1, 1995.

2. During the implementation of this Circular, if there are any difficulties, relevant agencies must promptly report to the Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Home Affairs for guidance on resolution.