The problem of marriage registration with foreigners is happening more and more, Vietnamese people are more and more outgoing, no longer as strange as before. However, not everyone who gets married abroad knows the order, procedures or things to know before they want to register a marriage with foreign elements. So about the matter “Where to register for marriage with a foreigner in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Civil Status Law 2014
- Circular 85/2019/TT-BTC
- Decree 123/2015/ND-CP
Where to register for marriage with a foreigner in Vietnam?
According to the provisions of Article 37 of the Law on Civil Status 2014, the cases of carrying out the procedures for marriage registration at the People’s Committee of the district where a Vietnamese citizen resides include:
• Marriage registration between Vietnamese citizens and foreigners;
• Marriage registration between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad;
• Marriage registration between Vietnamese citizens residing abroad;
• Marriage registration between a Vietnamese citizen who holds a foreign nationality and a Vietnamese citizen or a foreigner.
According to the above regulations, Vietnamese people wishing to register their marriage with foreigners in Vietnam must go to the People’s Committee of the district where they reside to carry out registration procedures.
In which, the place of residence here is the place where that person regularly lives, including the place of permanent residence or temporary residence (based on the provisions of Article 40 of the Civil Code 2015 and Article 11 of the Law on Residence 2020).
In addition, Clause 2, Article 37 of the Law on Civil Status further stipulates that, in case two foreigners residing in Vietnam request marriage registration in Vietnam, the People’s Committee of the district where either party resides may also make a marriage registration.
How long does it take to register a marriage with a foreigner?
In Clause 1, Article 31 of Decree No. 123/2015/ND-CP, within 10 working days from the date of receipt of complete and valid dossiers, the Justice Department under the district-level People’s Committees will conduct research and verify the dossiers. and verify if necessary.
If the dossier is valid, the parties are eligible to get married as prescribed by the Law on Marriage and Family, and are not in the case of refusal to register their marriage, the Justice Division shall report to the Chairman of the district-level People’s Committee for signature. 02 originals of Marriage Certificate.
At the same time, according to Article 32 of Decree 123, within 03 working days from the date the Chairman of the district-level People’s Committee signs the marriage certificate, the Justice Division shall organize the handing of the marriage certificate to the two parties. .
Thus, the maximum time from the time of receiving the complete application, carrying out the registration procedures to receiving the marriage certificate with a foreigner is 13 working days at most.
In fact, depending on the case, the time to register a foreigner’s marriage may be different.
Note: In case one or both men and women cannot be present to receive the marriage certificate, the Justice Department may extend the time for granting the marriage certificate but not exceeding 60 days from the date of signing the marriage certificate upon their written request.
After 60 days, if both parties do not come to receive the marriage certificate, the signed marriage certificate will be canceled.
Procedure for marriage registration with a foreigner in Vietnam
Step 1: Submit application for marriage registration
– The applicant for marriage registration directly submits the application at the competent district-level People’s Committee (the male or female party can directly submit the application without the written authorization of the other party).
– The recipient is responsible for immediately checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
– If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results;
If the application is incomplete or incomplete, the applicant shall immediately guide the applicant to supplement and complete the application as prescribed;
In case it is not possible to supplement or complete the dossier immediately, the recipient must make a guiding document, clearly stating the types of papers and contents to be supplemented, completed, signed, and clearly written the full name of the recipient. take.
Step 2: Verify marriage registration documents
The Justice Department conducts research and verification of marriage registration documents.
In case there is a complaint or denunciation that the marriage is not eligible for marriage under the provisions of the Law on Marriage and Family, or it is found that there is a problem that needs to be clarified about the identity of the male or female party or the documents in the application. marriage registration dossiers, the Justice Division shall coordinate with relevant agencies in verifying and clarifying.
In the process of verifying and verifying records, if necessary, the Justice Department will work directly with the parties to clarify their identities, voluntary marriage, and marriage purposes.
Step 3: Issue the Marriage Certificate
If the application is found to be valid, the parties are eligible to get married under the provisions of the Law on Marriage and Family, and are not subject to the case of refusal of marriage registration as prescribed, the Justice Division shall report to the Chairman of the district-level People’s Committee. consider and decide.
In case the Chairman of the People’s Committee agrees to the settlement, sign 02 originals of the Marriage Certificate.
– The Justice Department organizes the awarding of marriage certificates to both male and female parties.
When registering a marriage, both men and women must be present at the headquarters of the People’s Committee, civil status officers shall consult the male and female parties signing marriage.
The civil status officer shall guide the male and female parties to check the contents of the marriage certificate and the marriage registration book civil status officer with both male and female parties to sign in the Book; Both male and female parties sign the Marriage Certificate.
In case one or both male and female parties cannot be present to receive the marriage certificate, at their written request, the Justice Division shall extend the time limit for granting the marriage certificate but not exceeding 60 days, counting from the date of receipt of the marriage certificate from the date the Chairman of the district-level People’s Committee signs the marriage certificate.
After 60 days, if the man and woman do not come to receive the marriage certificate, the Justice Division shall report to the district-level People’s Committee chairperson to cancel the signed marriage certificate. If the two parties still want to get married after that, they must carry out the marriage registration procedure from the beginning.
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Please see more
- Steps to register a marriage with a foreigner in Vietnam
- What documents do you need to marry a foreigner in Vietnam?
- Proving separate property before marriage under Vietnam law
Frequently asked questions
According to the provisions at point c, clause 2, Article 5 of Circular 85/2019/TT-BTC, the fee for marriage registration with a foreigner at the district-level People’s Committee is decided by the provincial-level People’s Council.
Thus, the fee level for marriage registration with a foreigner is not uniformly regulated, the fee level of each locality may be different. Normally, the fee for marriage registration with a foreigner ranges from 1,000,000 VND to 1,500,000 VND.
According to the experience of registering a marriage with a foreigner, the preparation of the application file plays a very important role, because if the application is not standard from the beginning, it will be refused, and the process will be suspended. in which. Therefore, please prepare carefully according to the above list.
About the interview when registering a marriage with a foreigner
When you come to receive your Marriage Certificate, you may also be asked some interview questions regarding
• Personal information: age, address, occupation, guarantor’s family information, …
• Information about life, working and financial environment: what to do, what to study, where to work, how much income your husband and fiancé should have, assets such as house, car, taxes, how much work how much an hour, who pays for the wedding, how much is the husband’s family; …
According to the provisions of Article 53 of Regulation 69-QD/TW dated July 6, 2022 of the Central Committee, there is no provision prohibiting Party members from marrying foreigners. If you fully meet the above conditions, you are entitled to marry a foreigner.
However, a Party member will only be disciplined by the Party if he or she marries a foreigner without reporting to the direct management committee and the party committee where he/she lives or if he/she marries a foreigner with serious criminal activities. have attitudes or activities against the Party or State.
Conclusion: So the above is Where to register for marriage with a foreigner in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
