b) Copy of valid judgment/decision of divorce of a foreign court, a copy of valid divorce agreement recognized by a foreign court or other foreign competent agencies or copies of other documents issued by the competent agencies for recognition of the divorce;

c) Copy of identity card, passport or valid substitute papers to prove the identity of the petitioner;

d) A copy of household registration book to prove the competence of divorce notes under the guidance in clause 2 Article 5 of this Circular.

2. The above stated documents shall be made in 02 sets, sent by post or submitted directly to the competent Department of Justice referred to in Article 5 of this Circular. For foreign-language documents must be legalized by the consulate, translated into Vietnamese and certified in accordance with the law.

The proponents for the note may authorize to another person to exercise so. The authorization must be in writing and must be duly authenticated. If an authorized person is grandparents, parents, spouse, natural child, brother, sister of the authorizing person, such authorization shall not be required a written authorization.

Article 7. Orders, procedures of recording in civil status book on divorce was conducted overseas

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2. Within 07 working days since the date of receiving the proposal of the Department of Justice, Ministry of Justice reviews and considers the record in the civil status book of the divorce that was conducted overseas. If the judgment, decision of divorce, divorce agreement does not fall in the cases specified in Article 356 of the Civil Procedure Code and has no written request for non-recognition, the Ministry of Justice sends official dispatch to the competent Department of Justice to make the record in the civil status book of the divorce under the guidance in this Circular; if the condition is insufficient, the Ministry of Justice must return dossier to the Justice Department and explain clearly the reason in writing.

3. Within 03 working days since the date of receiving the official dispatch of the Ministry of Justice, Department of Justice makes ​​the record in the civil status book and issues certificates of the record in the civil status book of the divorce that was conducted overseas to the applicants  (in form attached herewith). Where conditions are not sufficient to note, the competent agency must issue written reply and return dossiers to the applicants.

Article 8. The method to record in the civil status book on divorce was conducted overseas

1. The recording in the civil status book on divorce was conducted overseas is conducted as follows:

The divorce was recorded in the notes column of the previous marriage registration book. When recording in the book, the form of divorce document must be written clearly; number; day, month and year of the valid recognition of divorce; name of the Court or other competent agencies of foreign countries that recognized the divorce and number, date, month and year written in the official dispatch of the Ministry of Justice.

Where the applicant has previously registered their marriage at the district-level People's Committee or the commune-level People's Committee, after the notes, the Department of Justice takes responsibility for sending written notification to the district-level People's Committee or the commune-level People's Committee where the marriage was registered for the further notes in the civil status book accordance with the law on civil status.

In the case the applicant had previously registered their marriage in the overseas-based Vietnam representative agency, the notification shall be sent to such agency where registered the marriage, if a marriage registration book has been moved to archive in the Ministry of Foreign Affairs, the overseas-based Vietnam representative agency is responsible for further notification to the Ministry of Foreign Affairs to note in the marriage registration book archived in the Ministry of Foreign Affairs.

2. In case the applicant for recording in the civil status book the divorce but the previous marriage made in the overseas-based Vietnam representative agency and has not yet conducted to note the marriage, then the Department of Justice record concurrently two marriage times and divorce in the marriage registration book being used in the Department of Justice.

In the cases applicants have registered the marriage at the domestic Vietnam competent agencies, but the marriage registration books are not stored, then the record the divorce in the civil status book is also done under the guidance in Clause 2 of this Article.

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IMPLEMENTATION PROVISIONS

Article 9. Effect of Circular

This Circular takes effect on December 01, 2010.

Article 10. Implementation organization

During the course of implementation, if any new matters, obstacles arise, Departments of Justice, relative agencies need to report promptly to the Ministry of Justice for guidance./.

FOR THE MINISTER
DEPUTY MINISTER




Dinh Trung Tung

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