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News & Updates

Decree Revised on Marriage and Family Concerning Foreigners in Vietnam

The Government has revised a decree on marriage and family concerning foreigners contained in the Law of Marriage and Family.

Decree 69/2006/ ND-CP, dated 21 July 2006, which amends some clauses of Decree 68/2002, regulates marriage and adoption between Vietnamese citizens and foreigners, and between foreigners living in Viet Nam.

Within 20 days after receiving regular marriage papers and fees, justice departments will interview the two parties concerned at departmental headquarters to check if they are getting married voluntarily, if they are able to communicate in a common language and understand each other.

A notice on their marriage will be posted at the department and at the district people's committees of the Vietnamese party's residence and the permanent residence of the foreign party on seven successive days. Marriages are illegal if the interview and examination results show that the marriage is supported by illegal matchmakers, not in accordance with national customs and morals, a result of women-trafficking and for sexual abuse, or for other profit-making purposes.

The amended decree also stipulates that child adoption is required to be conducted on the basis of humanity, in the best interests of children and while respecting fundamental children's rights. The decree prohibits child adoption for labour exploitation, sexual abuse, child-trafficking or other purposes.

Foreigners residing abroad are allowed to adopt Vietnamese children if their home country and Viet Nam are members of bilateral or multilateral international treaties on adoption co-operation. If not, they must meet certain conditions, including working or studying in Viet Nam for at least six months, or with a Vietnamese spouse or parent of Vietnamese origin.

Adopted Vietnamese children include abandoned children, orphans, disadvantaged children, chemical victims, children infected with HIV/AIDS or other serious diseases, and relatives of the adopter. They are either raised in centres of at families.

Adapted from: 'Decree on foreigner-related marriages, families revised.' Vietnam News Service. 28 July 2006. (Source: UNIAP Cambodia)