Contents of Administrative procedures - No5 Administrative procedures for Justice Departments

Procedure Procedures for registering fathers, mothers and children recognition involving foreign elements
Process

a) Citizens are required to prepare dossiers and submit them to Reception devisions of Justice Services, and receive document receiving tickets.
b) Within 35 days from the full receipt of valid documents and fees, Justice Services have the responsibility:
- To post up notices on dossiers of application for fathers, mothers, children recognition within 15 consecutive days at the head offices of Justice Services and at commune-level People’s Committees of the localities where the persons recognized as fathers, mothers, children reside.
- To study, verify and clarify fathers, mothers, children recognition dossiers, and to carry out interviews (if necessary),
c) Reporting verification results
- Justice Services shall report verfication results and propose ideas on the settlement of the application for recognition of fathers, mothers or children to the provincial-level People's Committees for decision, enclosed with the dossiers of application for recognition of fathers, mothers or children. 
d) Issuing decisions and handing over decisions on the recognition of fathers, mothers, children:
- Within 7 days as from the date of receiving the written reports of the provincial/municipal Justice Services and the dossiers of application for recognition of fathers, mothers or children and if deeming that the involved parties have satisfied all conditions for recognition of fathers, mothers or children, the provincial-level People's Committee Chairmen shall sign decisions to recognize the recognition of fathers, mothers or children and return the dossiers to the provincial/municipal Justice Services so as to hand over such decisions to the involved parties, record in registers the recognition of fathers, mothers or children and archive the dossiers as provided for by law.
- In case of refusing the recognition of fathers, mothers or children, the municipal People's Committees shall notify such refusal in writing to the applicants.
- Within 7 days as from the date the provincial-level People's Committee Chairmen sign the decisions to recognize the recognition of fathers, mothers or children, except where the involved parties, for plausible reasons, request another time, Justice Services shall hand over the decisions to recognize the recognition of fathers, mothers or children to the involved parties and record in the registration books the recognition of fathers, mothers or children.

Where to submit The procedures shall be implemented directly at Justice Services
Contents and number of the dossier

-  Application form for recognition of fathers, mothers or children, made according to set form;
-  Copies of the people's identity cards (for Vietnamese citizens staying in the country), or passports or substitute papers (for foreigners and Vietnamese citizens in foreign countries) of the recognizers and the recognized to be fathers, mothers or children;
- Copies of the birth certificates of the persons to be recognized as children, for case of recognition of children; of the fathers, mothers, for case of recognition of fathers or mothers;
- Papers, documents or evidences (if any) to prove the father or mother and children relationship between the recognizer and the recognized (such as letters, films, photos, cassettes, digital discs, results of medical verification........);
-  Copies of household registration books or collective resident certificate (for Vietnamese citizens permanently residing in the country); the permanent residence card (for foreigners permanently residing in Vietnam) of the persons to be recognized as fathers, mothers or children.
Number of dossiers: 02 sets

Processing duration
Objects Individuals
Competent agency No5 Administrative procedures for Justice Departments
Outcome Decision on recognition of fathers, mothers, children.
Fee VND1,000,000 (One million Vietnam dongs)/ 01 case
Form/Declaration

- Application form for fathers, mothers or children recognition
- Application form for children’s fathers, mothers recognition (In case the children

Other requirements

- The recognition of fathers, mothers or children between Vietnamese citizens and foreigners, between foreigners permanently residing in Vietnam under the provisions of this Decree shall be effected only if both the recognizer and the recognized are still alive by the time of filing the written request and it is voluntary and dispute-free.
- In cases where the children are minor, the fathers or the mothers shall carry out the procedures for recognition of fathers or mothers for such children. If the children are minor but aged full nine years or older, the request for recognition of fathers or mothers must be consented by such children themselves.
- In cases where the persons to be recognized as offspring remain immature, the consents of their mothers or fathers are required. If the persons to be recognized as offspring are minor but aged full nine years or older, their consents are required.
- For adult children applying for the recognition of their fathers, their mothers' consents are not required; and for the recognition of their mothers, their fathers' consents are not required.
 

Legal basis

- 2000 Marriage and Family Law
- Decree No. 158/2005/ND-CP by the Government dated December 27, 2005 on civil status registration and management;
- Decree No. 68/2002/ND-CP dated July 10, 2002 by the Government detailing the implementation of a number of articles of the 2000 Marriage and Family Law on marriage and family relations involving foreign elements.
- Decree No. 69/2006/ND-CP dated July 21, 2006 amending and supplementing a number of articles of the Decree No.68/2002/ND-CP dated July 10, 2002 by the Government detailing the implementation of a number of the Marriage and Family Law on marriage relations.
- Decision No. 15/2003/QD-BTP by the Minister of Justice dated February 12, 2003 promulgating civil status forms and books involving foreign elements.
- Circular No. 07/2002/TT-BTP dated December 16, 2002 guiding the implementation of a number of articles of the Decree No. 68/2002/ND-CP dated July 10, 2002 by the Government detailing the implementation of a number of articles of the 2000 Marriage and Family Law on marriage and family relations involving foreign elements.
 - Decision No.12/2009/QD-UBND dated January 09, 2009 by the People’s Committee of Hanoi on collecting civil status fees in the area of Hanoi.
 

Administrative procedures