DECREE No DECREE No. 184-CP ON THE 30TH OF NOVEMBER 1994 OF THE GOVERNMENT STIPULATING THE PROCEDURE OF MARRIAGE, ADOPTION OF OUT-OF- WEDLOCK CHILDREN, ADOPTION OF CHILDREN, AND TUTORSHIP OF CHILDREN BETWEEN VIETNAMESE CITIZENS AND FOREIGNERS THE GOVERNMENT Pursuant to the Law on Organization of the Government on the 30th of September 1992; Pursuant to the Law on marriage and the Family in 1986; In order to provide details for the implementation of some provisions of the Ordinance on Marriage and Family Relationship between Vietnamese Citizens and Foreigners; At the proposal of the Minister of Justice, DECREES: Chapter I GENERAL PROVISIONS Article 1.- This Decree defines the procedures for registration and recognition of marriage, recognition of the adoption of children by parents, registration and recognition of out-of-wedlock adoption of children, and recognition of tutorship of children between Vietnamese citizens and foreigners. Article 2.- The Ministry of Justice, exercising State management of marriage, adoption of out-of-wedlock Children, adoption and tutorship of children between Vietnamese citizens and foreigners, has following tasks and powers: a/ Directing and guiding the Juridical Service, the Diplomatic Representations and Consulates of Vietnam in foreign countries (hereunder referred to as diplomatic and consular offices) in implementing the law and procedures of population registration; b/ Cooperating with the Ministry of Foreign Affairs and other ministries and branches concerned in protecting the legitimate rights and interests of Vietnamese citizens, particularly those of Vietnamese children who are adopted by foreigners and reside in foreign countries; c/ Issuing paper forms and household population registers, and exercising unified control of their printing and distribution; d/ Inspecting and supervising the implementation of laws and settling in their capacity the related complaints and denunciations; e/ Furthering international relations in this field. Article 3.- The Ministry of Foreign Affairs and the Ministry of Interior shall have to direct and guide their affiliated agencies in implementing the tasks and powers stipulated by the Decree. Article 4.- 1. The People's Committees of provinces and cities directly under the Central Government (hereunder deferred to as provincial People's Committees) where Vietnamese citizens reside, are authorized to settle the registration and recognition of marriage, recognition of the adoption of out-of-wedlock children by parents, registration and recognition of adoptions, and recognition of tutorships between Vietnamese citizens and foreigners. The Juridical Service shall receive the dossier, and in cooperation with the Security Service of the same level (hereunder referred to as Security Service), check the dossier and submit its suggestion to the provincial People�s Committee for decision. 2. The diplomatic or consular office in the locality where Vietnamese citizens reside is authorized to settle the registration of marriage, registration of adoptions, and recognition of tutorships in a foreign country between Vietnamese residents and foreigners. Article 5.- The papers, issued by the authorized agency or certified by the notary public of a foreign country concerning the marriage and family relationship between Vietnamese citizens and foreigners, must be legalized by the diplomatic or consular office or the Ministry of Foreign Affairs of Vietnam in accordance with Vietnam�s laws. The papers written in a foreign language must be translated into Vietnamese, and the translated version must be legalized by the consulate or certified by Vietnam�s notary public. Article 6.- Those who wish to have their marriage registered and recognized, to adopt out-of-wedlock children, and to have their adoption of children registered and recognized in accordance with this Decree, must pay a fee. The rates of the fee, the management and use of fees shall be decided by the Minister of Finance and the Minister of Justice. Chapter II PROCEDURE OF REGISTERING AND RECOGNIZING MARRIAGE Article 7.- 1. In registering their marriage, each side must fill in an application for marriage according to the set form. Enclosed with the application are the following papers: a/ A copy of the birth certificate; b/ A certificate not more than 3 months old of the authorized agency of the country of which the applicant is a citizen, certifying that the concerned person is single; c/ A certificate not more than 3 months old of a medical organization that the concerned person is not mentally ill, or if he/she is, he/she is still conscious of his/her act, that the concerned person is not infected with a venereal disease or HIV. 2. With regard to foreigners, in addition to the papers mentioned at Point 1 of this Article, they must have a paper certifying that they are fully qualified for marriage and that their marrying a Vietnamese citizen is recognized by their country s law; if the law of the concerned country has a close allowing its citizens to marry foreigners, then the paper must be marked with "Granted". 3. In case the concerned Vietnamese citizen is serving in the armed forces or working in a branch related to national secrets, in addition to the papers mentioned at Point 1 of this Article, he/she must also submit a certificate of his/her controlling organization at the central or provincial level, that his/her marriage with a foreigner does not affect the keeping of national secrets or is not at variance with the regulations of that service. Article 8.- The papers mentioned at Article 7 of this Decree must be done in two sets and submitted to the Juridical Service if the marriage is organized in Vietnam; or to the diplomatic or consular office if the marriage is organized in a foreign country. Article 9.- Within 60 days after receiving the dossier, the provincial People�s Committee, the diplomatic or consular office must decide whether or not to register the marriage; if further verification is needed, the time limit may be extended but by not more than 30 days. In case they refuse to register the marriage, the provincial People s Committee, the diplomatic or consular office must notify in writing the concerned person of their refusal. Article 10.- The order in registering a marriage in Vietnam is as follows: 1. After receiving the dossier and fee, the Juridical Service in cooperation with the Security Service, shall check the dossier. 2. Within 30 days after receiving an official request from the Juridical Service, the Security Service must give its answer in writing; if further verification is needed, the time-limit may be extended but by not more than 15 days. 3. After receiving the written answer from the Security Service, the Juridical Service shall make its suggestion to the provincial People s Committee for decision. 4. If the concerned person is judged qualified for the marriage, the President of the provincial People�s Committee shall sign the marriage certificate. 5. Within 7 days after signing the marriage certificate, the Juridical Service shall deliver the marriage certificate to the person concerned and register it in the Marriage Register unless otherwise requested by the person concerned about the time limit. Both sides must be presented and produce their passport and ID card, or other valid papers as substitutes. Article 11.- The order in registering a marriage at the diplomatic or consular office is as follows: 1. After receiving the dossier and fee, the diplomatic or consular office shall check the dossier, and if necessary, discuss with the offices concerned in Vietnam. 2. Within 30 days after receiving the official request from the diplomatic or consular office, the offices concerned at home must give their answer in writing; if further verification is needed, the time limit may be extended but by not more than 15 days. 3. If the person concerned is judged qualified for the marriage and the registration of the marriage is not at variance with the laws of the receiving country, the Head of the diplomatic or consular office shall sign the marriage certificate. 4. Within 7 days after signing the marriage certificate, the diplomatic or consular office shall deliver the marriage certificate to the person concerned and register it in the Marriage Register unless otherwise requested by the person concerned about the time-limit. Both sides must be presented and produced their passports, or other valid papers as substitutes. Article 12.- 1. For the marriage of a Vietnamese citizen and a foreigner which has already been organized at the authorized institution of a foreign country, to be recognized in Vietnam, the person concerned residing in Vietnam must fill in an application according to the set form and send it to the provincial People�s Committee. The application must be enclosed with the marriage certificate. These papers must be done in two sets and sent to the Juridical Service. 2. Within 30 days after receiving the dossier and fee, the Juridical Service shall check the dossier and give its suggestion to the provincial People�s Committee for decision. 3. In registering his/her marriage, if the Vietnamese citizen does not violate Article 5, 6 and 7 of the Law on Marriage and the Family of Vietnam and the recognition of the marriage is not at variance with the basic principles of the Law on marriage and the Family of Vietnam, then the President of the provincial People�s Committee shall sign the decision of recognition. 4. Within 7 days after signing the decision, the Juridical Service shall deliver the decision to the person concerned and register it in the marriage Register unless otherwise requested by the person concerned about the time limit. Chapter III PROCEDURE OF RECOGNIZING THE ADOPTION OF OUT-OF-WEDLOCK CHILDREN BY PARENTS Article 13.- 1. A foreigner applying for the adoption of an out-of-wedlock child who is a Vietnamese citizen residing in Vietnam, a Vietnamese citizen applying for the adoption of an out-of-wedlock child who is a foreigner residing in Vietnam, must send his/her application to the provincial People s Committee in the locality where the child resides. Enclosed with the application are the necessary papers proving their parental or maternal relationship. 2. The papers mentioned a Point 1 of this Article must be done in two sets and sent to the Juridical Service. Article 14.- 1. Within 60 days after receiving the dossier, the provincial People�s Committee shall decide whether or not to recognize the adoption of an out-of-wedlock child by the parents; if further examination is needed, the time-limit may be extended but by not more than 30 days. 2. While the application is being considered, if a dispute arises over the adoption of the out-of-wedlock child outside its jurisdiction, the provincial People�s Committee shall suspend the consideration and notify the person concerned. Article 15.- The order in recognizing the adoption of an out-of-wedlock child by parents is as follows: 1. After receiving the full dossier and the fee, the Juridical Service shall put on public notice at its office the necessary information concerning the request of the person concerned, check the dossier, and give its suggestion to the provincial People� s Committee for decision. 2. The President of the provincial People�s Committee shall consult the juridical Service, and if it is found to have the necessary legal basis, shall sign the decision recognizing the adoption of the out-of-wedlock child by the parents. 3. Within 7 days after signing the decision of recognition, the Juridical Service shall deliver the decision of recognition to the persons concerned and notify the People�s Committee of the village, ward or township which has registered the child s birth to enter it into the Birth Register, unless otherwise requested by the person concerned about the time-limit. Chapter IV PROCEDURE FOR REGISTERING AND RECOGNIZING CHILD ADOPTIONS Article 16.- 1. A foreigner wishing to adopt a Vietnamese child residing in Vietnam must file an application in accordance with the set form and send it to the provincial People's Committee. If the applicant is married, his/her application must have the consents of his/her spouse. 2. Enclosed with the application are the following papers: a/ A copy of the birth certificate, or passport, or another valid paper of the applicant as substitute. b/ A certificate not more than 6 months old of the authorized State institution of the country of which the applicant is a citizen, that the person concerned is quantified to bring up an adoptive child in accordance with the laws of that country, and that the adoption of Vietnamese children is recognized by that country; c/ A certificate not more than 6 months old of a medical organization that the person concerned is in good health and not affected with mental or contagious diseases; d/ A certificate not more than 6 months old that the person concerned has an annual income enough to ensure the bringing up of the adoptive child. e/ A guarantee made in accordance with the set form certifying that every year he/she shall report to the Ministry of Justice, and also to the provincial People's Committee or the diplomatic or consular office which has issued the decision for the adoption of the child, on the growth process of the child until he/she is 18 years old; this report must be verified by the authorized agency of the country where the adoptive child resides; f/ A copy of the birth certificate of the child to be adopted; g/ A writ from the child s parents or tutor certifying that they agree to let the child be adopted by the foreigner concerned; in case the child has no parents or tutor, the person who directly brings up the child must give hi/her consent in writing; if the child is living at a child care center, the Head of the center must give his/her consent in writing. With regard to children 9 years old and above, they must personally give their consent in writing to their adoption by a foreigner. 3. In case of the adoption of a baby abandoned at a medical institution, the papers mentioned at Point g in Item 2 of this Article, shall be replaced by a written consent of the Head of that medical institution. Article 17.- 1. The papers mentioned at Article 16 of this Decree must be done in two sets and sent to the Juridical Service. 2. In submitting his/her dossier, the foreigner concerned must produce his/her passport or another valid paper as substitute. Article 18.- Within 60 days after receiving the dossier, the provincial People's Committee shall decide whether or not to permit the foreigner concerned to adopt the child; it further verification is needed, the time-limit may be extended but by not more than 30 days. If it refuses, the provincial People's Committee must notify the person concerned of the refusal in writing. Article 19.- The order in settling the adoption of Vietnamese children in Vietnam by foreigners is as follows: 1. After receiving the dossier and fee, the Juridical Service in cooperation with the Security Service shall check the dossier. 2. Within 30 days after receiving the official request from the Juridical Service, the Security Service must give its answer in writing; it further verification is needed, the time-limit may be extended but by not more than 15 days. 3. After receiving the written answer from the Security Service, the Juridical Service shall give its suggestion to the provincial People� s Committee for decision. 4. If the applicant is judged qualified to bring up an adoptive child and the adoption is beneficial to the child, the President of the provincial People�s Committee shall sign a decision allowing the foreigner concerned to adopt the child. 5. The Juridical Service shall proceed with the delivery of the child within 7 days from the date the decision is signed allowing the adoption by the foreigner, unless otherwise requested by the applicant about the time limit, but the extension shall not exceed 3 months. Article 20.- The delivery and taking delivery of the adoptive child shall take place at the Juridical Service in the presence of the representative of the Juridical Service, the adoptive parent, the adoptive child, his(her) parents or their legal representative. At the delivery, the representative of the Juridical Service shall hand over the decision to the adoptive parent and record it in the Register of Adoptions. The delivery and taking delivery of the adoptive child must be recorded in an official document according to the prescribed form. Article 21.- 1. A foreigner who applies to adopt a Vietnamese child living in a foreign country shall file an application according to the prescribed form and send it to the diplomatic or consular office of Vietnam in his/her country. The application, the attached papers and the procedures of filing the dossier shall comply with prescriptions at Article 16 and Article 17 of this Decree. 2. Within 90 days after receiving the full dossier and the fee, the diplomatic or consular office shall decide whether or not to accept the application. The time for consideration may be extended if further verification is needed, but by not more than 30 days. In case of refusal, the diplomatic or consular office shall notify in writing the concerned person. Article 22.- The order in settling the adoption of a Vietnamese child by a foreigner shall proceed as follows: 1. After receiving the full dossier and fee, the diplomatic or consular office shall check the dossier. If it decides that the applicant meets the conditions for adopting the child, that adoption is beneficial to the child and the adoption does not contravene the law of the receiving country, it shall make suggestion in writing to the Ministry of Justice for consideration. 2. Within 30 days after receiving the proposal of the diplomatic or consular office, the Ministry of Justice shall make a written reply. This time-limit may be extended if further verification is needed but by not more than 15 days. 3. After receiving the written approval of the Ministry of Justice, the Head of the diplomatic or consular office shall sign the decision to allow the applicant to adopt the child and carry out the deliver and taking delivery of the child within seven days after the signing of the decision, except otherwise requested by the adoptive parent (parents) concerning this time-limit, but any extension shall not exceed three months. 4. The delivery and taking delivery of the adoptive child shall proceed at the diplomatic or consular office in the presence of the representative of the diplomatic or consular office, the adoptive parent (parents), the adoptive child, the parents of the adoptive child or their legal representative. 5. At the delivery and taking delivery, the representative of the diplomatic or consular office shall hand over the decision to the adoptive parent (parents) and record it in the Register of Adoptions. The delivery and taking deliver must be recorded in the minute according to the prescribed form. Article 23.- 1. A Vietnamese citizen who applies to adopt a foreign child residing in Vietnam must send an application in the prescribed form to the People�s Committee of the province where this child resides. If the applicant is a married man or woman, he/she must have the consent of his/her spouse stated in the application. 2. The application must be attached with the papers stipulated in Points a, c, d, f and of Item 2 Article 16 of this Decree and the following papers: a/ A certificate by the People's Committee of the commune, ward or township where the applicant resides that he/she meets the conditions to adopt a child as prescribed by law. b/ A written consent of the authorized agency of the country of which the child is a citizen, to allow him/her to be adopted by a Vietnamese citizen. 3. The procedure of filing the dossier, the order in the settlement of t

Nghị định 184-CP