Register to identify father, mother, child involving foreign elements in border area
 

 

Name of procedure: Register to identify father, mother, child involving foreign elements in border area

Field:   Civil status

Authority: People’s Committee of commune/ward/town

Process:

- Submit dossier in commune People’s Committee, permanent residence in border area of Vietnamese citizen identified as father, mother, child.  

- Settle registering to identify father, mother, child:

+ Commune People’s Committee has responsibility for receiving the legal and fee, verifying the dossier; posting the fact of identifying father, mother, child in committee’s head office; sending dossier to ask Department of Justice’s opinion.

+ Department of Justice considers the dossier and replies in writing to commune People’s Committee.

+ On the basis of opinion of Justice Department, commune People’s Committee decides to recognize identifying father, mother, child  and grants the Decision for the parties concerned as case of identifying father, mother, child between Vietnamese citizens according to the regulation of the law on registering the civil status.  

Method: Submit directly dossier in commune People’s Committee.

Content of Dossier:

-  Application for identifying father, mother, child according to the form;

- Papers, documents or evidences (if any) to prove the relation of father, mother, child between identifying person and identified person.

(When submit dossier: Vietnamese citizen must present border ID card; in case, have no border ID card, must present papers to prove the permanent residence in border area enclosing other personal papers of the person concerned to check. Citizen of the neighbor country must present personal papers which the competent state authority of neighbor country issues to the citizen of the country residing permanently in border area with Vietnam; in case have no personal papers, must present papers to prove the permanent residence in border area with Vietnam enclosing other personal papers of the person concerned to check).

Number of documents: 02 sets

Time of execution: Within 15 days since receiving enough the legal papers and fee, commune People’s Committee investigates dossier and posts identifying father, mother, child within 07 continuous days in the head office of the committee. Within 15 days since receiving the document of asking opinion of commune People’s Committee, Department of Justice considers the dossier of identifying father, mother, child and replies in writing to commune People’s Committee. Within 07 days since receiving the opinion of Department of Justice, commune People’s Committee signs and grants Decision on recognizing identifying father, mother, child. 

Subjects of administrative procedure: Individual, Organization

Authority of administrative procedure: commune People’s Committee

Result of administrative procedure: Decision on recognizing identifying father, mother, child.

Fee (if any):

Requirements and conditions of administrative procedure (if any):  None

Sample of application and declaration:

Form STP/HT-2006-CMC.1

Form STP/HT-2006-CMC.2

Form STP/HT-2006-CMC.3

 

Legal foundation:

+Decision 01/2006/QĐ-BTP on promulgating civil status registers and forms

+Law 22/2000/QH10 on Marriage and family

+Decree 68/2002/NĐ-CP Detailing the implementation of a number of articles of the marriage and family law on the marriage and family relations involving foreign elements

+Decree 158/2005/NĐ-CP on civil status registration and management

+Circular 97/2006/TT-BTC Guiding charges and fees to be decided by people’s Councils of provinces and Centrally run cities

 

Other information:
MINISTRY OF JUSTICE'S PORTAL
Add : 58 – 60 Tran Phu,Ba Dinh,Hanoi. Tel : 04.62739718 - Fax: 04.62739359. Email : banbientap@moj.gov.vn; cntt@moj.gov.vn.
License No 28/GP-BC dated 25/03/2005
Editor in chief: Nguyen Tien Dung
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