What is the administrative penalty imposed upon the person who uses another person’s papers to carry out the procedures for parent and child recognition in Vietnam?
- Is it possible to use other people's papers to register for parent and child registration?
- What is the administrative penalty imposed upon the person who uses another person’s papers to carry out the procedures for parent and child recognition in Vietnam?
- What documents are included in the dossier of registration of parent and child recognition in Vietnam?
Is it possible to use other people's papers to register for parent and child registration?
According to Clause 1, Article 12 of the 2014 Law on Civil Status of Vietnam on the prohibited acts as follows:
Prohibited acts
1. Individuals are prohibited from committing the following acts:
a/ Providing untruthful information and documents, forging or using forged papers or papers of other persons for civil status registration;
b/ Threatening, coercing or hindering the exercise and performance of the civil status registration right and obligation;
c/ Illegally intervening in civil status registration activities;
d/ Making false undertakings or witness statements for civil status registration;
dd/ Forging, modifying and falsifying contents of civil status papers or information in the civil status database;
e/ Giving bribes and promising material or spiritual benefits in order to obtain civil status registration;
g/ Abusing the civil status registration or shirking the civil status registration obligation for self-seeking purpose, enjoying the State’s preferential policy or earning illicit profits in whatever forms;
h/ Persons competent to decide on civil status registration making civil status registration for themselves or their relatives under the Law on Marriage and Family;
i/ Unduly accessing, hacking and destroying information in the civil status database.
Thus, according to regulations, it is strictly prohibited for individuals to use other people's papers to carry out procedures for registration of parent and child recognition.
What is the administrative penalty imposed upon the person who uses another person’s papers to carry out the procedures for parent and child recognition in Vietnam? (Image from the Internet)
What is the administrative penalty imposed upon the person who uses another person’s papers to carry out the procedures for parent and child recognition in Vietnam?
Pursuant to the provisions of Article 43 of Decree No. 82/2020/ND-CP, violations against regulations on registration of parent and child recognition are prescribed as follows:
Violation against regulations on registration of parent and child recognition
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for erasing, correcting and falsifying the contents of papers issued by competent agencies, organizations or persons to carry out procedures for registration of parent and child recognition.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a) Using other people's papers to carry out procedures for registration of parent and child recognition;
b) Providing information, documents or making untruthful undertakings or testimonies to carry out procedures for registration of parent and child recognition;
c) Threatening, forcing or obstructing the recognition of father, mother and child.
3. Additional sanctioning forms:
Confiscate material evidences which are papers and documents that have been erased or modified to falsify their contents, for violations specified in Clause 1 of this Article.
4. Remedial measures:
To propose competent agencies, organizations and persons to consider and handle the issued papers and documents because of violations specified in Clause 1, Points a and b, Clause 2 of this Article; papers and documents have been erased or corrected to falsify the contents specified in Clause 1 of this Article.
Thus, the act of using other people's papers to carry out the procedures for registration of parent and child recognition can be administratively penalized up to VND 5,000,000. In addition, taking remedial measures is to recommend competent agencies, organizations or persons to consider and handle papers and documents issued due to violations specified at Point a and b Clause 2 of this Article.
What documents are included in the dossier of registration of parent and child recognition in Vietnam?
According to Article 44 of the 2014 Law on Civil Status of Vietnam, the procedures for registration of parent and child recognition are as follows:
Procedures for registration of parent and child recognition
1. Requesters for parent and child recognition registration shall submit declarations, made according to a set form, and papers and items or other evidence to prove the parent and child relationship to the civil status registration agency. In case of registering the parent and child recognition between Vietnamese citizens and foreigners or between foreigners, foreigners shall additionally submit copies of their passports or valid passport substitute papers to prove their personal identity.
2. Within 15 days after receiving complete papers specified in Clause 1 of this Article, the civil status officer shall verify and post the parent and child recognition at the head office of the district-level People's Committee for 7 consecutive days, and at the same time send a written request to the commune- level People's Committee of the place of permanent residence of the person recognized as parent or child to post for 7 consecutive days at its head office.
3. The district-level Justice Division shall report to and propose the chairperson of the district-level People's Committee the registration of parent and child recognition; if seeing that the prescribed conditions are fully met, the chairperson of the district-level People's Committee shall settle.
4. Upon registration of the parent and child recognition, the parties concerned must be present; the civil status officer shall record the registration in the civil status book and together with the parties sign in the civil status book. The chairperson of the district-level People's Committee shall issue an extract to the parties.
Thus, according to regulations, requesters for parent and child recognition registration shall submit:
- Declarations, made according to a set form, and papers and items or other evidence to prove the parent and child relationship to the civil status registration agency.
- In case of registering the parent and child recognition between Vietnamese citizens and foreigners or between foreigners, foreigners shall additionally submit copies of their passports or valid passport substitute papers to prove their personal identity.
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