Marriage Registration in Ho Chi Minh city, Vietnam

I. Legal basis:

- Law on Marriage and Family 2014: Regulates the conditions, rights, and obligations of spouses, including those involving foreign elements.

- Law on Civil Status 2014: Stipulates the authority and procedures for marriage registration at competent state agencies.

- Consolidated Document No. 1844/VBHN-BTP 2023: A consolidated version of the Circular guiding the Law on Civil Status and Decree No. 123/2015/NĐ-CP.

II. Regulatory content:

1. Marriage Conditions According to Vietnamese Law:

Under the 2014 Marriage and Family Law, couples need to meet the following conditions to register their marriage:

- Age: Men must be at least 20 years old, women at least 18 years old.

- Marital Status: Both parties must be single, with no legal spouse according to the law.

- Legal Capacity: Both must have full legal capacity, with no limitations or restrictions on their legal ability.

- Voluntary: Marriage must be based on mutual consent and voluntary agreement from both parties.

- Not Falling Under Forbidden Cases:

+ Fake or forced marriage.

+ Marriage to someone who already has a legal spouse.

+ Marriage between people with blood relations within three generations.

+ Marriage between adoptive parents and adopted children.

+ Same-sex marriage (which is not yet recognized in Vietnam).

2. Documents needed to prepare:

- Marriage registration form:

+ Must follow the prescribed template, available on the National Public Service Portal.

+ Quantity: 1 original.

+ Signature of both parties required.

- Personal identification documents:

+ Identity card or valid passport.

+ Quantity: 1 original and 1 copy.

- Mental health certificate:

+ Issued by a qualified hospital.

+ Quantity: 1 copy per person.

+ Required by the registering authority.

- Marriage status certificate (for those abroad):

+ Issued by the Vietnamese diplomatic/consular representative.

+ Quantity: 1 original.

Note:

- All documents must be valid.

- The marriage status certificate is valid for 6 months from the issue date.

- If submitting online, ensure a clear, valid copy is uploaded.

3. Procedure and processing time:

a. Implementation procedure:

- Step 1: Submit the application:

+ In-person: One party or parties must go to the Commune/Ward People's Committee, present their documents, and submit the application.

+ Online: Access the National Public Service Portal or the Ho Chi Minh City Public Service Portal, create an account, and upload scanned copies of the documents. Both parties still need to be physically present later to complete the procedure.

+ The receiving officer will check the application and issue an appointment slip if the documents are valid, or guide for additional documents if necessary.

- Step 2: Application verification:

+ The registration authority will check marital status information via the electronic civil status database and the national population database.

+ If data is unavailable, the Commune/Ward People's Committee where the applicant resides will conduct verification within 3 working days.

- Step 3: Interview (if required):

+ In some cases, the authority may require an interview to verify voluntariness or clarify information.

- Step 4: Issuance of marriage certificate:

+ If the application is valid, the authority will record it in the Marriage Register, update the electronic system, and issue the marriage certificate.

+ Both parties must sign the Marriage Register and each will receive an original marriage certificate.

b. Processing time:

At the Commune/Ward level: If the application is submitted before 3:00 PM, the marriage certificate can be received the same day; if after 3:00 PM, it will be available the next working day. If verification is needed, the maximum processing time is 5 working days.

4. Where to submit the application:

- Commune/Ward/Town People's Committee: Where either party has permanent residence or temporary residence registration. This is the most common option for couples in Ho Chi Minh City.

5. Fees and Charges:

- According to the Law on Civil Status and its guiding documents, domestic marriage registration between Vietnamese citizens is exempt from fees.

- However, a small fee may be charged if you request a certified copy from the original register or for other arising administrative costs (if applicable according to local regulations), but the registration itself is free.

- Other potential costs:

+ Mental health check (if required): 500,000 - 1,000,000 VND per person.

+ Document notarization (if necessary): 50,000 - 100,000 VND per document.

6. Related legal matters:

After receiving the marriage certificate, couples should take note of the following:

- Update household registration records:

+ Although paper household books are no longer valid, your marital status will be updated in the national population database. You should check or inform the local police (if necessary) to ensure accurate updates, especially when performing future administrative procedures or reissuing the Citizen ID Card.

+ Timeline: Within 30 days after receiving the marriage certificate.

- Preserve the marriage certificate:

+ The marriage certificate is an important document and should be carefully preserved for use in procedures like registering a child's birth, applying for health insurance, or resolving joint property matters.

- Related procedures:

+ If you plan to settle abroad, you may need to have your marriage certificate legalized at the Ho Chi Minh City Department of Foreign Affairs.

Registering a marriage in Ho Chi Minh City is an important legal procedure that requires thorough document preparation and a clear understanding of the regulations. With this detailed guide, Vietnamese couples can confidently complete the process quickly and properly. Marriage is not just an emotional bond but the start of a happy family life, so prepare carefully to avoid unnecessary complications. If you need further assistance, feel free to contact DB Legal for specific guidance!

7. FAQ:

Q: Can we register our marriage at any Commune/Ward People's Committee in Ho Chi Minh City?

A: No. You can only register at the Commune/Ward People's Committee where either of you has permanent or temporary residence registration.

Q: If someone has lived in various locations before, where should they obtain their Single Status Certificate?

A: You must obtain the Single Status Certificate at the Commune/Ward People's Committee where you are currently permanently residing. If you are not registering marriage at your place of permanent residence, this certificate is mandatory. It will confirm your marital status during your residence period at that location. If you have both permanent and temporary residence, prioritize the place of permanent residence to issue the certificate.

Q: What should we do if we lose our Marriage Certificate?

A: You can request a certified extract of the Marriage Certificate from the original Marriage Register at the Commune/Ward People's Committee where you originally registered. The certified extract holds the same legal value as the original.

Writer: Kim Ngân - Legal Assitant

See more at: 

1)https://dblegal.vn/news/marriage-registration-in-vietnam/procedures-for-registering-a-marriage-with-a-vietnamese-in-vietnam-1094.html

2)https://dblegal.vn/news/marriage-registration-in-vietnam/marriage-registration-in-vietnam-1063.html

3)https://dblegal.vn/news/marriage-registration-in-vietnam/legal-benefits-of-getting-married-in-vietnam-956.html

4)https://dblegal.vn/news/marriage-registration-in-vietnam/marriage-requirements-involving-foreign-elements-in-vietnam-954.html

5)https://dblegal.vn/news/marriage-registration-in-vietnam/living-together-without-marriage-registation-in-vietnam-953.html

 

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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