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Authorization to register marriage in Vietnam

September 16, 2023 | Q&A

Question: I am foreigner and my spounse is Vietnamese. We want to register our marriage in Vietnam, but I am in oversea. Could I authority you to submit the application in the competent agency in Vietnam?

Answer:

Thank you for your question.

According to Article 2 of Circular No. 04/2020/TT-BTP elaborating a number of articles of Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2915 on guidelines for Law on civil status:

“1. An applicant for issuance of a copy of a civil status extract, issuance of a marital status certificate or registration of a vital event listed in Article 3 of the Law on Civil Status (hereinafter collectively referred to as “civil registration application”) may authorize another person to carry out such application; excluding marriage registration, marriage re-registration and recognition of parent-child relationship, which may not be authorized  but one party may submit an application to the competent civil registration authority without a written authorization from the other party.

Authorization must be granted in writing and certified as per the law. Such certification is not required if the authorized person is a biological sibling, grandparent, parent, child or spouse of the authorizing person.

2. In case the applicant for registration of the birth of a child is the a grandparent or another relative of the child according to regulations in Clause 1 Article 15 of the Law on Civil Status, the authorization letter from the child’s parent(s) is not required but the child’s parent(s) must agree on the contents of the birth certificate.”

According to the above regulations, in the case of marriage registration, marriage re-registration, or registration of recognition of father, mother, and children, we cannot be authorized to do so, but one party can directly submit the application at the competent and, there is no remaining authorization document.

Thus, in your case, we can not apply for marriage registration in Vietnam on your behalf.

Sincerely, thank you.

 

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