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Marriage Registration in Vietnam 2022

March 29, 2022 | Legal Updates

Foreigners may face complex legal frameworks in marriage registration in Vietnam. It is because there are much more differences in the act of legislation of countries. Therefore, it is necessary to have lawyers in order that you can complete the procedures effectively and time-saving.

- Competence to register marriage

1. District-level People's Committees of places of residence of Vietnamese citizens shall register marriages between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; and between Vietnamese citizens who also have foreign citizenship and Vietnamese citizens or foreigners.

2. In case a foreigner residing in Vietnam requests marriage registration in Vietnam, the district-level People's Committee of the place of residence of either partner shall register the marriage.

- Application for marriage registration:

a) One single application form for marriage registration;

b) A document certifying marital status of a foreigner;

c) A document certifying marital status of a Vietnamese;

d) A written certification of a competent Vietnamese or foreign health organization stating that he/she does not suffer any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts to the civil status registration agency;

e) The certified copies of ID card or passport, the family record book of the Vietnamese;

f) The certified copy of passport with valid visa, the temporary residence Card of the foreigner;

g) The photos (2x3, 3x4, 4x6).

h) Divorce or Death certificate (if divorced or widowed) (of Vietnamese).

- Marriage registration procedures

1. Within 10 working days from the date on which the satisfactory application is received, Committee Division of Justice shall assess it and carry out verification deemed necessary. Chief of Committee Division of Justice shall be answerable to the assessment results and any request of Committee Division of Justice in the processing of application for marriage registration.

2. If the application is considered satisfactory, and both partners meet conditions for marriage as prescribed in the Law on marriage and family and are not subject to refusal cases prescribed in Article 33 of this Decree, Committee Division of Justice shall request the President of People’s Committee of district to sign 2 originals of marriage licenses.

3. Subject to particular situations, whenever necessary, the Ministry of Justice shall request the Prime Minister to provide additional regulations on inquiry procedures included when the application for marriage registration is processed so as to protect lawful rights and interests of the partners and ensure the effective state management.

- Granting marriage licenses

1. Within 3 working days from the date on which the President of People’s Committee of district signs marriage licenses, Committee Division of Justice shall grant marriage licenses to the partners in person.

2. The granting marriage licenses shall be consistent with Clause 3 Article 38 of the Law on civil status.

Marriage licenses shall be valid from the date on which they are documented in the vital records and granted to the partners as prescribed in this Clause.

3. If either or both partner(s) cannot present to receive marriage license(s), Committee Division of Justice shall, upon their request in writing, give an extension of granting period providing not exceeding 60 days, from the date on which the President of People’s Committee of district signs marriage licenses.  Upon expiration of such 60-day period, if both partners fail to present and receive marriage licenses, Committee Division of Justice shall request the President of People’s Committee of district to cancel the signed marriage licenses.

If the partners still wish to get married thereafter, they shall follow the procedures for marriage registration from the beginning.

 

DB Legal is a full legal service law firm in Da Nang, Viet Nam. Our Lawyers bring enormous legal experience for both local and foreign parties in Central Viet Nam, mainly areas in Da Nang, Hoi An, Nha Trang, Hue, Quy Nhon ,etc.

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