Question: I am Vietnamese and currently living in Belgium. I married to someone in Belgium. Now we plan to return to Vietnam to live. Do we have to apply for re-marriage registration in Vietnam? Is overseas marriage registration recognized in Vietnam?
Legal grounds
2014 Law on Family Engagement ;
2014 Civil Status Law and guiding documents
Consulting content
In Vietnam, marriage relations with foreign elements are respected; and protected accordingly the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a signatory. In case you were legally married in Belgium; (accordingly Belgian law) and when you got married you met all the conditions for getting married in Vietnam and did not violate the prohibition of Vietnamese marriage law, recognized and protected by the State.
If at the time of registration at a foreign competent authority the marriage does not meet the conditions for marriage, but does not violate the prohibition prescribed by the Law on Marriage and Family but at the time of request for registration. If the marriage is recorded in the civil status book; the consequences have been remedied; or the marriage record protects the interests of Vietnamese citizens and children.
The conditions for marriage
– Men and women get married must comply with the following conditions:
+ Men aged full 20 years or older, women aged full 18 years or older;
+ The marriage is voluntarily decided by the man and the woman;
+ No loss of civil act capacity;
+ The marriage does not fall into one of the cases where marriage is prohibited as prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.
– The State does not recognize marriage between people of the same sex
Cases where marriage is prohibited
– Firstly, fake marriage, fake divorce;
– Secondly, child marriage, forced marriage, cheating on marriage, obstructing marriage;
– Thirdly, a married person who marries or lives together as husband and wife with another person; or is unmarried; or unmarried but marries or lives as husband and wife with a married person;
– Lastly, marrying or living together as husband and wife between people of the same direct bloodline among people with surnames within three generations between adoptive parents and adopted children between a person who used to be a father, an adoptive mother with an adopted child, a father-in-law with a daughter-in-law; a mother-in-law with a son-in-law; a stepfather with a stepchild of a wife; a stepmother with a stepchild of a husband.
However, the marriage relationship registered at a competent state agency in a foreign country is not automatically recognized in Vietnam you need to go to the Justice Department of the People’s Committee of the district where you reside to complete the procedures for recording in the civil status book of your marriage abroad.
Dossier for recognizing overseas marriage registration in Vietnam
– A declaration made according to the prescribed form;
– A copy of the marriage certificate issued by a foreign competent authority;
– In addition to the papers specified at Points a and b of this Clause; if the application is sent through the postal system; it is also required to submit copies of papers of both the male and female parties specified in Clause 1 Article 2 of this Decree; if being a Vietnamese citizen who has divorced or canceled his marriage at a foreign competent authority, he/she must submit an extract of the divorce or marriage annulment recorded in the civil status book as prescribed in Clause 2 of this Article 37 of this Decree.
Besides, the time limit for recording in the civil status book of marriage is 05 working days from the date the Justice Department receives the dossier. In case verification is required the time limit for settlement shall not exceed 10 working days.
Hope this article “Recognizing overseas marriage registration in Vietnam” is useful for you, If you have any questions, please contact Lawyer X for quick and best legal services: 0833102102.
Related questions
You must full 18 years old, then you can get married in Vietnam with Vietnamese.
It is up to Vietnam and your country have joined any international conventions or signed a mutual legal assistance agreement on marriage issues. If not, you absolutely marry Vietnamese in your country if he is full 20 years or older.
Accordingly the provisions of Circular 85/2019/TT-BTC, the fee for marriage registration will depend on each region.
Conclusion: So the above is Recognizing overseas marriage registration in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
