Thông tư 07/2001/TT-BTP của Bộ Tư pháp về việc hướng dẫn thi hành một số quy định của Nghị định số 77/2001/NĐ-CP ngày 22/10/2001 của Chính phủ quy định chi tiết về đăng ký kết hôn theo Nghị quyết số 35/2000/QH10 của Quốc hội

CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF PROVISIONS OF THE GOVERNMENT’S DECREE NO. 77/2001/ND-CP OF OCTOBER 22, 2001 DETAILING THE MARRIAGE REGISTRATION ACCORDING TO THE NATIONAL ASSEMBLY’S RESOLUTION NO. 35/2000/QH10

Pursuant to the Government’s Decree No. 38/CP of June 4, 1993 on the functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government’s Decree No. 77/2001/ND-CP of October 22, 2001 detailing the marriage registration according to the National Assembly’s Resolution No. 35/2000/QH10 on the implementation of the Marriage and Family Law;

The Ministry of Justice hereby guides the implementation of a number of provisions of the Government’s Decree No. 77/2001/ND-CP of October 22, 2001 (hereinafter referred to as Decree No. 77/2001/ND-CP) as follows:

I. COMPILATION OF THE MARRIAGE REGISTRATION DECLARATION

When applying for marriage registration, the two parties shall make the marriage registration declaration according to current form (form TP/HT-1999-B.1), and at the same, additionally inscribe on the bottom line of the first page of the marriage registration declaration form the following contents:

"We have established the conjugal relationship from day.month year till now" (for cases where the conjugal relationship had been established before January 3, 1987) or "We have been living together as husband and wife from day.. month’ year till now" (for cases where men and women living together as husbands and wives from after January 3, 1987 to before January 1, 2001).

If both parties are unable to determine the day or the day and month when they established their conjugal relationship or started living together as husband and wife, such date shall be inscribed according to the method of time counting prescribed in Clause 2, Article 5 of Decree No. 77/2001/ND-CP.

II. RECORDING OF THE EFFECTIVE DATE OF MARRIAGE

When making marriage registration, the commune-level People’s Committees shall use the current marriage certificate form (form TP/HT-1999-B.2) and current marriage register form (form TP/HT-1999-B), but have to additionally inscribe under the title of the Marriage Certificate and in the "note" column of the Marriage Register the phrase:

Registered under Decree No. 77/2001/ND-CP

The marriage takes effect as from day month year...

and seal the People’s Committee’s stamp at such additional inscription.

III. BIRTH REGISTRATION FOR THE COUPLES’ COMMON CHILDREN

The birth registration for the common children of the couples who have registered their marriage under Decree No. 77/2001/ND-CP shall be settled as follows:

1. If the birth has been registered, but the blanks reserved for inscription about the father in the birth registers and the birth certificates remain unfilled, the commune-level People’s Committees, which effected the birth registrations, shall base themselves on the marriage certificates of the parents to make additional inscriptions about the father in the birth registers and the birth certificates according to the provisions in Article 9 of Decree No. 77/2001/ND-CP.

2. If the birth has been registered, but the blanks reserved for inscription about the father in the birth registers and the birth certificates are filled with information about others, the involved parties shall have to carry out the procedures of application for change and ratification of civil status according to the provisions of the legislation on civil status registration.

3. If the birth has not yet been registered, the commune-level People’s Committees, which effected the marriage registration for the parents, shall base themselves on the marriage certificates of the parents to make the birth registration for the children according to the procedures of birth registration for "in-the-wedlock" children.

IV. APPLICATION TO CASES OF MARRIAGE REGISTRATION BEFORE THE EFFECTIVE DATE OF DECREE No. 77/2001/ND-CP

For cases where the couples have registered their marriages under the National Assembly’s Resolution No. 35/2000/QH10 before the effective date of Decree No. 77/2001/ND-CP, such marriage registration shall still have legal validity.

If the couples request the recognition of the effective date of marriage according to Article 3 of Decree No. 77/2001/ND-CP, the commune-level People’s Committees, which effected their marriage registration, shall make additional inscription thereof according to the provisions at Point II of this Circular.

V. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its signing.

2. The provincial/municipal Justice Services shall have to assist the provincial/municipal People’s Committees in guiding, directing and inspecting the implementation of Decree No. 77/2001/ND-CP and this Circular in their respective localities, noting that men and women, who have been living together as husbands and wives as from January 3, 1987 to before January 1, 2001, shall be allowed to register their marriages under Decree No. 77/2001/ND-CP no later than the end of January 1, 2003.

3. In the course of implementation, if any troubles or problems arise, the provincial-level People’s Committees, the provincial/municipal Justice Services and the concerned agencies shall have to send official dispatches thereon to the Ministry of Justice for the latter to issue guiding documents.