What are the procedures for recording divorce in the civil status book by civil status justice officers?
Based on Article 39 of Decree 123/2015/ND-CP Regulations on divorce note procedures are as follows:
"Article 39. Procedures for divorce notes
1. The divorce note file includes the following documents:
a) Declaration according to the prescribed form;
b) Copy of legally effective divorce papers.
2. Procedures for recording divorce are carried out according to the provisions of Clause 2, Article 50 of the Law on Civil Status and the following regulations:
a) Within 05 working days from the date of receipt of complete and valid documents as prescribed in Clause 1 of this Article, the civil status officer of the Justice Department checks the documents. If the divorce note does not violate the provisions of Clause 1, Article 37 or is not subject to being posted on the Ministry of Justice's electronic information portal according to the provisions of Clause 3, Article 37 of this Decree, the Head of the Department of Justice recorded in the book and reported to the Chairman of the District People's Committee to sign and issue the original civil status extract to the requester.
In case verification is required, the processing time shall not exceed 10 working days.
b) If the request for a divorce note violates the provisions of Clause 1, Article 37 or is posted on the Ministry of Justice's electronic information portal according to the provisions of Clause 3, Article 37 of this Decree, the Head of the Department shall The judiciary reported to the Chairman of the District People's Committee to refuse.
c) If the previous marriage was registered at the People's Committee of the commune or the Department of Justice, after recording the divorce, the Department of Justice shall send a notice with a copy of the civil status extract to the People's Committee at the commune level. commune or Department of Justice to make further notes in the civil status book; If registered at a representative agency, send it to the Ministry of Foreign Affairs to notify the representative agency to make further notes in the civil status book."
Accordingly, within 05 working days from the date of receipt of complete and valid documents: The documents will be checked by civil status justice officers. The Chairman of the District People's Committee signs and issues the original civil status extract to the requester if the divorce note meets the following conditions:
+ Do not violate the provisions of the Law on Marriage and Family.
+ Does not have to be posted on the Ministry of Justice's electronic information portal.
In case it is necessary to verify information, the processing time must not exceed 10 working days.