Decree No. 69/2006/ND-CP amends and supplements certain articles of Decree No. 68/2002/ND-CP dated July 10, 2002, of the Government detailing the implementation of certain provisions of the Marriage and Family Law regarding marriage and family relations involving foreign elements.

DECREE

Amending and supplementing some clauses of Decree No. 68/2002/NĐ-CP

dated July 10, 2002 of the Government detailing the implementation of

certain provisions of the Law on Marriage and Family

concerning marriage and family relations involving foreign elements

THE GOVERNMENT

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

Pursuant to the Marriage and Family Law dated June 9, 2000;

At the proposal of the Minister of Justice,

DECREE:

Article 1. Amending and supplementing some clauses of Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government detailing the implementation of certain provisions of the Law on Marriage and Family regarding marriage and family relations involving foreign elements as follows:

1. Amend Article 1 as follows:

"Article 1. Scope of Regulation

This Decree details the implementation of certain provisions of the Law on Marriage and Family regarding marriage and family relations involving foreign elements, including marriage, acknowledgment of parentage, adoption between Vietnamese citizens and foreigners, between foreigners residing permanently in Vietnam; recognition of marriage, acknowledgment of parentage, adoption between Vietnamese citizens and foreigners that have been conducted at competent authorities abroad."

2. Amend and supplement Article 8 as follows:

"Article 8. Fees and charges

1. Persons applying for registration of marriage, acknowledgment of parentage, adoption, and entry into the marriage registry book of marriages, acknowledgments of parentage, adoptions conducted at competent authorities abroad must pay the civil status fee as prescribed by law.

2. Persons applying to adopt Vietnamese children according to this Decree must pay the adoption processing fee. The collection rate, management, payment, and use of this fee shall be regulated by the Ministry of Finance."

3. Amending and supplementing Clause 1 and Clause 2 of Article 13 as follows:

"1. Each party's marriage registration dossier must include the following documents:

a) A marriage registration application form as prescribed;

b) A certificate of marital status issued by the competent authority of the country where the applicant is a citizen, not older than six months from the date of receipt of the dossier, confirming that the applicant is currently unmarried;

In cases where the laws of the country where the applicant is a citizen do not provide for issuance of a certificate of marital status, such certificate may be replaced by a sworn statement from the applicant declaring that they are currently unmarried, in accordance with the laws of that country;

c) A certificate issued by a competent health organization in Vietnam or abroad, not older than six months from the date of receipt of the dossier, confirming that the person is not suffering from mental illness or other diseases that impair their ability to understand and control their actions;

d) A certified copy or authenticated copy of the identity card (for Vietnamese citizens within the country), passport or substitute travel document such as a travel permit or residence card (for foreigners and Vietnamese citizens residing abroad);

đ) A certified copy or authenticated copy of the household register or certificate of collective population or temporary residence certificate (for Vietnamese citizens within the country), permanent residence card or temporary residence card or temporary residence certificate (for foreigners residing in Vietnam).

2. In addition to the documents stipulated in Clause 1 of this Article, for Vietnamese citizens serving in armed forces or working in positions directly related to state secrets, they must submit a certificate issued by the central-level or provincial-level management agency confirming that their marriage to a foreigner will not affect the protection of state secrets or contravene the regulations of their profession."

4. Amending and supplementing Clause 1 of Article 16 as follows:

"1. Within twenty days from the date of receiving complete valid dossiers and fees, the Department of Justice shall be responsible for:

a) Conducting direct interviews with both male and female parties at the Department of Justice's office to verify their voluntary intention to marry, their ability to communicate in a common language, and their understanding of each other's circumstances.

The interview must be recorded in writing. The interviewer must clearly state their recommendation and sign the interview record;

b) Publicizing the marriage for seven consecutive days at the Department of Justice's office, and simultaneously sending a letter requesting the People's Committee of the commune where the Vietnamese citizen resides permanently or temporarily, or the place where the foreigner resides permanently in Vietnam, to publicize the marriage. The People's Committee of the commune is responsible for publicizing the marriage for seven consecutive days at its office from the date of receipt of the letter from the Department of Justice. During this period, if there are complaints, reports, or discovery of violations of marriage laws, the People's Committee of the commune must send a report to the Department of Justice;

c) Studying and verifying the marriage registration dossier. In case of doubt or complaints about illegal intermediation, fake marriages, using marriage to sell women, or other fraudulent purposes, or if there are issues requiring clarification about the identity of the parties or the documents in the marriage registration dossier, the Department of Justice shall conduct investigations to clarify the situation;

d) Reporting the results of the interviews with the parties, verification of the marriage dossier, and recommendations for handling the marriage registration, to be decided by the Provincial People's Committee, accompanied by one set of the marriage registration dossier."

5. Amend and supplement Clause 2 of Article 18 as follows:

"2. Registration of marriage shall also be refused if the interview, verification, and investigation results show that the marriage was through illegal intermediation; fake marriage not aimed at building a warm, equal, progressive, happy, and sustainable family; marriage inconsistent with national customs and traditions; using marriage to sell women, sexually exploit women, or for other fraudulent purposes."

6. Amend and supplement Article 19 as follows:

"Article 19. Registration of Marriage at Vietnamese Diplomatic Missions and Consulates

1. Within twenty days from the date of receiving complete valid dossiers and fees, the Vietnamese Diplomatic Mission or Consulate shall be responsible for:

a) Conducting direct interviews with both male and female parties at the Vietnamese Diplomatic Mission or Consulate's office to verify their voluntary intention to marry, their ability to communicate in a common language, and their understanding of each other's circumstances.

The interview must be recorded in writing. The interviewer must clearly state their recommendation and sign the interview record;

b) Publicizing the marriage for seven consecutive days at the Vietnamese Diplomatic Mission or Consulate's office;

c) Study and review the marriage registration dossier. In cases of doubt or complaints regarding illegal matchmaking, fraudulent marriages, using marriage for the purpose of trafficking women, or other improper gains, or if there are issues requiring clarification regarding the identity of the parties or the documents in the marriage registration dossier, the Diplomatic Agency or Consular Office shall conduct verification to clarify such matters;

d) If there are issues requiring verification that fall within the jurisdiction of relevant agencies in the country, the Diplomatic Agency or Consular Office of Vietnam shall send a letter clearly stating the issues needing verification to the Ministry of Foreign Affairs for coordination with relevant agencies to verify according to their specialized functions;

Within twenty days from the date of receipt of the letter from the Ministry of Foreign Affairs, the relevant agency in the country shall conduct verification on the requested issue and respond in writing to the Ministry of Foreign Affairs to forward to the Diplomatic Agency or Consular Office of Vietnam;

đ) If it is determined that both parties meet the conditions for marriage and do not fall under any of the refusal to register marriage cases stipulated in Article 18 of this Decree, the head of the Diplomatic Agency or Consular Office of Vietnam shall sign the Marriage Certificate;

In cases where the registration of marriage is refused, the Diplomatic Agency or Consular Office of Vietnam shall notify the parties in writing, specifying the reasons for refusal;

2. The marriage registration ceremony shall be organized within seven days from the date the head of the Diplomatic Agency or Consular Office of Vietnam signs the Marriage Certificate, except in cases where the parties have legitimate reasons to request a different time, but not exceeding ninety days; if the parties request the organization of the marriage registration ceremony beyond this period, they must reapply for marriage registration from the beginning;

3. The marriage registration ceremony shall be solemnly held at the office of the Diplomatic Agency or Consular Office of Vietnam. Both parties must be present when organizing the marriage registration ceremony. A representative of the Diplomatic Agency or Consular Office of Vietnam shall preside over the wedding, requesting both parties to state their final intention regarding their voluntary marriage. If both parties agree to marry, the representative of the Diplomatic Agency or Consular Office of Vietnam shall record the marriage in the marriage registration book, require each party to sign the Marriage Certificate and the marriage registration book, and provide each party with one original copy of the Marriage Certificate;

4. The Marriage Certificate becomes effective from the date of the marriage registration ceremony and is recorded in the marriage registration book as prescribed in Clause 3 of this Article. Issuing copies of the Marriage Certificate from the original book shall be carried out by the Diplomatic Agency or Consular Office of Vietnam or the Ministry of Foreign Affairs upon the request of the parties.";

7. Amend Article 20 as follows:

"Article 20. Recognition of Marriages Conducted Abroad

1. Marriages between Vietnamese citizens or between a Vietnamese citizen and a foreigner registered with the competent authority of another country in accordance with its laws shall be recognized in Vietnam, provided that at the time of marriage, the Vietnamese citizen does not violate the provisions of Vietnamese law concerning marriage conditions.

In cases where there is a violation of Vietnamese law concerning marriage conditions, but at the time of requesting recognition of the marriage, the consequences of such violation have been remedied or recognizing the marriage would be beneficial to protect the rights of women and children, such marriage shall also be recognized in Vietnam.

2. The recognition of marriage as prescribed in Clause 1 of this Article shall be recorded in the registry book in accordance with the regulations on civil status registration. In cases where a Vietnamese citizen is absent when registering the marriage with the competent authority of another country, the Department of Justice shall interview the parties to the marriage to clarify their voluntary intention to marry when they request recognition of the marriage in Vietnam.";

8. Amend and supplement Article 35 as follows:

"Article 35. Principles for Resolving Adoption Matters

1. The act of giving and adopting children as adopted children can only be carried out in the spirit of humanitarianism, aiming to ensure the best interests of the child and respect the basic rights of the child.

It is strictly prohibited to exploit adoption for labor exploitation, sexual abuse, child trafficking, or other purposes not related to adoption; it is strictly prohibited to exploit the introduction, resolution, and registration of children for adoption for profit-making or illegal material gain.

2. Foreign nationals residing abroad who wish to adopt Vietnamese children may be considered and resolved if Vietnam and the country where the person wishing to adopt resides are both members of bilateral or multilateral international treaties on cooperation in adoption.

3. Foreign nationals residing abroad who wish to adopt Vietnamese children, where the country where the person wishing to adopt resides and Vietnam are not yet members of bilateral or multilateral international treaties on cooperation in adoption, may still be considered and resolved if they fall under any of the following circumstances:

a) Having worked, studied, or lived in Vietnam for six months or more;

b) Having a spouse, parent, or spouse's parent who is a Vietnamese citizen or of Vietnamese origin;

c) Having a kinship or close relationship with the child being adopted or having an adopted sibling of the child being adopted;

d) For foreign nationals who do not fall under any of the circumstances specified in points a, b, and c of this clause, but wish to adopt disabled, incapacitated, or severely ill children living in legally established care facilities and children specified in Clause 3 of Article 36 of this Decree, they may also be considered and resolved;

đ) Other cases shall be decided by the Minister of Justice.";

"9. Amend and supplement Article 36 as follows:"

"Article 36. Children Eligible for Adoption

1. Children eligible for adoption must be under fifteen years old. Children aged fifteen to sixteen years may be adopted if they are disabled or incapacitated.

A child can only be adopted by one individual or by both individuals who are a married couple. The couple must be of opposite sexes and have a marital relationship.

2. Children eligible for adoption are those living in legally established care facilities in Vietnam, including:

a) Abandoned children;

b) Orphans;

c) Disabled or severely disabled children;

d) Children lacking civil capacity;

đ) Victims of chemical toxins;

e) Children infected with HIV/AIDS;

g) Children suffering from other serious illnesses;

h) Other children accepted into care facilities in accordance with the provisions of the law.

3. Children living in families may also be considered for international adoption if they fall under the following categories: orphans; disabled or severely disabled children; children lacking civil capacity; children suffering from other serious illnesses; victims of chemical toxins; children infected with HIV/AIDS; children who have kinship or close relationships with the adoptive parent申请人; or have a full sibling already adopted by the applicant.

4. Disabled or severely disabled children, victims of chemical toxins, children infected with HIV/AIDS, and children suffering from other serious illnesses currently being treated abroad, if they are to be adopted by foreigners, will be considered for resolution.

10. Amend Article 41 as follows:

"Article 41. Documents of the person applying to adopt

1. The documents of a foreigner applying to adopt a Vietnamese child include the following papers:

a) An application form for adopting a Vietnamese child as prescribed;

b) A certified copy of the passport or substitute travel document such as a travel permit or residence card;

c) A valid permit issued by the competent authority of the country where the adoptive parent resides, allowing them to adopt. If the country where the adoptive parent resides does not issue this type of permit, it can be replaced by an equivalent document or a certificate confirming that they meet the conditions for adoption under their national law;

d) A psychological, family, and social investigation report of the adoptive parent issued by the competent authority of the country where the adoptive parent resides;

đ) A health certificate issued by a competent medical organization of the country where the adoptive parent resides or a Vietnamese medical organization at provincial level or higher, within six months prior to the date of submission of the application, confirming that the individual is in good health, does not suffer from mental illness, or any other disease that impairs their ability to recognize and control their actions, and does not suffer from infectious diseases;

e) Documentation proving the financial situation of the adoptive parent, demonstrating their ability to support the adopted child;

g) A criminal record certificate of the adoptive parent issued by the competent authority of the country where they reside, within twelve months prior to the date of submission of the application;

h) A certified copy of the marriage certificate for the adoptive parent, in cases where the adoptive parent is a married couple during the marriage period;

i) In cases where the adoptive parent falls under points a, b, and c of Clause 3, Article 35 of this Decree, they must provide appropriate documents issued by a competent Vietnamese authority or the authority of the country where they reside to prove their eligibility.

2. The documents specified in Clause 1 of this Article shall be prepared in two sets of files.

In cases where a foreigner applies to adopt a Vietnamese child under Clause 2, Article 35 of this Decree, the adoption application file must be submitted by the relevant authority or organization of the foreign country to the International Adoption Authority.

In cases where a foreigner applies to adopt a Vietnamese child under Clause 3, Article 35 of this Decree, the adoption application file must be directly submitted by the adoptive parent to the International Adoption Authority."

11. Amend Clause 1 of Article 42 as follows:

"1. Within seven days from the date of receipt of all documents and fees, the International Adoption Authority shall examine and review the entire file.

In cases where the file is incomplete or invalid, the International Adoption Authority shall notify the adoptive parent to supplement and complete the file.

12. Amend Article 44 as follows:

"Article 44. Documents of the child to be adopted

1. The documents of a child to be adopted must include the following papers:

a) A certified copy of the birth certificate of the child;

b) A consent form for the child's adoption signed by the persons specified in Clause 4 of this Article;

c) A health certificate issued by a medical organization at district level or higher, confirming the child's health status;

d) Two color photographs of the child, measuring 10x15 cm or 9x12 cm.

2. For children living in legally established care facilities, in addition to the documents specified in Clause 1 of this Article, the file of a child to be adopted must also include the decision of the competent authority accepting the child into the care facility, the handover record of the child to the care facility, and corresponding documents in one of the following situations:

a) For abandoned children, there must be a statement of the incident by the person who discovered the abandoned child; a record of the abandonment (confirmed by the police or local government); proof of announcement in mass media (at provincial level or higher) about the abandoned child for thirty days without any relatives claiming the child;

b) For orphans, there must be a certified copy of the death certificate of the child's parents;

c) For children whose parents lack civil capacity, there must be a certified copy of the court decision declaring the child's parents to lack civil capacity.

3. For children living in families, in addition to the documents specified in Clause 1 of this Article, there must also be a certified copy of the household registration book or temporary residence registration certificate of the child's parents or guardian.

4. The following individuals have the right to sign the consent form for the child's adoption:

a) The head of a legally established foster care facility in Vietnam voluntarily agrees to allow children living at the foster care facility to be adopted. In cases where the child has a father or mother, there must be a voluntary consent letter from the father or mother agreeing to the adoption of their child, except in the cases provided for in points a and c of Clause 2 of this Article or when the child was placed in a legally established foster care facility and the father or mother of the child had already provided a voluntary consent letter for the adoption of their child;

b) The father or mother voluntarily agree to allow their child living in the family to be adopted. If one of the father or mother of the child has died or lost civil capacity, only the consent of the other is required. In cases where both the father and mother of the child have died or lost civil capacity, there must be a voluntary consent letter from the guardian of the child;

c) For children aged nine years or older, there must be a consent letter for adoption from the child (which can be included in the documents specified in point a or point b of this clause);

5. For disabled children, victims of chemical toxins, those infected with HIV/AIDS, or those suffering from other serious diseases as stipulated in point d of Clause 3 of Article 35 and Article 36 of this Decree, there must be a confirmation letter issued by a competent medical facility according to the regulations of the Ministry of Health and related laws; for children who have lost their civil capacity as stipulated in point d of Clause 3 of Article 35 and Article 36 of this Decree, there must be a certified copy of the court's decision declaring the child to have lost their civil capacity;

13. Amend and supplement Clause 2 and Clause 3 of Article 47 as follows:

“2. Within thirty days from the date of receiving the notification from the Department of Justice, foreigners wishing to adopt Vietnamese children must be present in Vietnam to pay the fee to the Department of Justice and complete the adoption procedures. If for objective reasons, the foreigner wishing to adopt a Vietnamese child cannot be present within the prescribed time period, they must submit a written request to the Department of Justice for an extension, with the extension period not exceeding sixty days from the date of the Department of Justice's permission for the extension.

Foreigners wishing to adopt Vietnamese children must commit to reporting periodically every six months (according to the prescribed form) to the People's Committee of the province and the International Adoption Agency on the development situation of the adopted child during the first three years, and thereafter report once each year until the adopted child reaches eighteen years of age.

In cases where, for objective reasons, the foreigner wishing to adopt a Vietnamese child cannot be present in Vietnam, they may sign the commitment beforehand (according to the prescribed form) and authorize in writing the Office of the Adoption Agency of that country in Vietnam to act on behalf of the foreigner wishing to adopt the child to pay the fee and submit the commitment to the Department of Justice to complete the adoption procedures. The foreigner wishing to adopt a Vietnamese child must commit not to refuse to accept the child introduced for adoption.

3. Within seven days from the date the foreigner wishing to adopt a Vietnamese child or the Office of the Adoption Agency of that country in Vietnam authorized by the foreigner wishing to adopt a Vietnamese child submits the fee and the commitment to report on the development of the adopted child, the Department of Justice reports the results of the review and proposes recommendations for resolving the matter of the foreigner wishing to adopt a Vietnamese child to the People's Committee of the province for decision, accompanied by one set of the child's file and one set of the foreigner's file wishing to adopt a Vietnamese child;

14. Amend and supplement Clause 1 of Article 79 as follows:

“1. The provisions of this Decree also apply to the registration of marriage, acknowledgment of parentage, and adoption between Vietnamese citizens, where one or both parties reside abroad. In cases where a Vietnamese citizen residing abroad wishes to adopt a Vietnamese child as stipulated in Article 36 of this Decree, they will be considered for resolution without being subject to the restrictions provided for in Clause 3 of Article 35 of this Decree.

In cases where a foreigner permanently residing abroad wishes to adopt a Vietnamese child as stipulated in Clause 4 of Article 36 of this Decree, they will be considered for resolution according to the provisions of Section 2 Chapter IV of this Decree, as if the child did not have a permanent residence registration in the country;

15. Supplement the beginning of Clause 3 of Article 81 with the following provision:

“The Central Committee of the Vietnam Women's Union shall coordinate with the Ministry of Justice, the Ministry of Home Affairs, the Ministry of Finance, and relevant ministries and sectors to guide the implementation of certain provisions regarding the Marriage Support Center under this Decree.”

16. Delete the phrase "divorce" in Article 7 and the title of Section 2 Chapter II of Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-run city People's Committees, relevant organizations, and individuals are responsible for implementing this Decree./.