“Love knows no borders”, that is why many Vietnamese boys and girls have decided to marry a foreign spouse. According to the Law on Marriage and Family in Vietnam to be eligible for marriage registration with a foreigner, the marriage registration dossier must have a criminal record of marriage to a foreigner issued by a competent authority. So about the matter “Judicial record for marriage to a foreigner in Vietnam” let’s find out with LSX in the article below.
Legal grounds
- Law on Judicial Records 2009
- Law on Marriage and Family 2014
Why is it necessary to apply for a criminal record to marry a foreigner?
First of all, you need to understand that a Judicial record is a record of a person convicted by a court’s criminal judgments and decisions that have taken legal effect, the status of judgment enforcement and the prohibition of private individuals. person holding a position, establishing an enterprise, managing an enterprise or a cooperative in case the enterprise or cooperative is declared bankrupt in accordance with law.
And marrying a foreigner is understood as a single Vietnamese citizen who will marry a foreigner. Accordingly, according to the provisions of the Law on Marriage and Family of Vietnam, when a marriage involves a foreign element, the judicial record for marriage to a foreigner is very important and necessary, and is created for the purpose of: proving whether the individual has a criminal record or not. At the same time, providing legal assistance in criminal proceedings, determining whether an individual’s criminal record has been cleared or not.
Judiciary record cards are of two types: No. 1 and No. 2. According to the law, Vietnamese people who want to marry foreigners need to apply for a criminal record card number 2 at the competent legal authority. judicial calendar.
Judicial record for marriage to a foreigner in Vietnam
We have heard a lot about the criminal record, but when it comes to the criminal record for marrying a foreigner, many people are quite surprised and confused. So let’s clarify this concept together.
First, judicial record: According to Clause 1, Article 2 of the 2009 Law on Judicial Records,: Judicial record is the criminal record of a person who is convicted by a criminal judgment or decision of the Court. legal effect, judgment enforcement status and prohibition of individuals from holding positions, establishing enterprises, managing enterprises or cooperatives in cases where enterprises or cooperatives are declared bankrupt under the provisions of law. provisions of law.
Next, marriage with a foreigner is understood as a marriage relationship with foreign elements. According to the provisions of Clause 25, Article 3 of the Law on Marriage and Family 2014: Marriage and family relations with foreign elements are marriage and family relations in which at least one party is a foreigner, a foreigner or a foreigner. Vietnamese residing abroad; marriage and family relations between the parties involved are Vietnamese citizens, but the grounds for establishing, changing or terminating such relationship according to foreign laws, arising abroad or property related to the relationship that system abroad.
Vietnamese law also stipulates the conditions for marriage with foreign elements in Article 126 of the Law on Marriage and Family 2014 as follows:
“Article 126. Marriage with foreign elements
1. In a marriage between a Vietnamese citizen and a foreigner, each party must comply with its own law on marriage conditions; if the marriage is conducted at a competent Vietnamese state agency, the foreigner must also comply with the provisions of this Law on marriage conditions.
2. The marriage between foreigners permanently residing in Vietnam at a competent Vietnamese agency must comply with the provisions of this Law on marriage conditions.”.
Accordingly, the judicial record for marriage with a foreigner is very important and necessary, created for the purpose of: proving whether the individual has a criminal record or not.
At the same time, providing legal assistance in criminal proceedings, determining whether an individual’s status has been cleared or not. Judicial record card is a document that a marriage registration authority requires in a marriage registration dossier with a foreigner.
All criminal record information will be issued by the competent state agency and shown in the “judicial record card”. According to Clause 4, Article 2 of the 2009 Law on Judicial Records stipulates: A judicial record card is a card issued by a judicial record database management agency that is valid as evidence to prove that an individual has or does not have a criminal record. criminal convictions; prohibited or not prohibited from holding certain positions, establishing or managing enterprises or cooperatives in cases where the enterprises or cooperatives are declared bankrupt in accordance with law.
What are the documents to apply for a judicial record card to marry a foreigner?
Pursuant to Article 45 of the Law on Judicial Records 2009 stipulates:
“first. The person requesting the issuance of a judicial record card shall submit a declaration requesting the issuance of a judicial record card and enclose the following papers:
1. a) A copy of the people’s identity card or passport of the person issued with the judicial record card;
b, A copy of the household registration book or certificate of permanent or temporary residence of the person who is issued with a judicial record card.
2. Individuals submit declarations of request for judicial record cards and accompanying papers at the following agencies:
3. a) A Vietnamese citizen shall submit it to the Department of Justice where he/she permanently resides; if there is no permanent place of residence, it shall be submitted to the Department of Justice of the place of temporary residence; in case of residence abroad, it shall be submitted to the Department of Justice of the place of residence before leaving the country;
4. b) Foreigners residing in Vietnam shall submit documents to the Department of Justice where they reside; If they have left Vietnam, they must submit them to the National Center for Judicial Records.
When preparing an application for a judicial record to marry a foreigner, you need to pay attention to complete and accurate preparation to avoid having to edit and supplement many times, which takes time and is approved by the competent authority. issue judicial record cards quickly and on time.
Where can you get a criminal record card to marry a foreigner?
Depending on where you are, you can apply for a criminal record card to marry a foreigner at:
– If you are in Vietnam, you submit your application directly at the Department of Justice where you are currently residing. In case you have no household registration, foreign nationality or have many unclear places of residence, you should submit your application directly at the National Center for Criminal Records (Address: 6th Floor – Building A – Private Academy) France – Tran Vy Street, Mai Dich Ward, Cau Giay District, Hanoi Tel: 04.62739492; Fax: 04.62739495).
– If you have a household registration in Hanoi, you can go directly to the Department of Justice at: No. 221 Tran Phu, Van Quan ward, Ha Dong district, Hanoi city to apply for a criminal record card. Phone: 024.33120878; Fax: 024. 33546157
– If you have a household registration in Ho Chi Minh City, you can go directly to the Department of Justice, address: 141-143 Pasteur, Ward 6, District 3, Ho Chi Minh City to apply for a criminal record card. Phone: (+028) 3829 7052; Fax: (+848) 3824 3155
– If you have a household registration in the province but it is not convenient to return to the locality and wonder where this case is, you want to make a criminal record in Ho Chi Minh City. Then you can ask your loved ones to help you make and send them. In case you do not have relatives to support, you can go directly to Counter 2, Ho Chi Minh City Post Office – 125 Paris Commune, District 1 for assistance in making a criminal record card.
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Frequently asked questions
Fee for issuance of criminal record card: 200,000 VND/time/person
Fee for issuance of judicial record cards to pupils, students, people with meritorious services to the revolution, relatives of martyrs: 100,000 VND/time/person
In case the person who is issued a criminal record card requests a superior to issue two copies of the certificate in a single request, from the third card onward, the criminal record card-issuing agency may collect an additional 3,000 VND/card.
The following cases are exempted from fees for issuance of judicial record cards:
People from poor households as prescribed by law;
People residing in extremely difficult communes as prescribed by law.
10 working days from the date of receiving complete and valid dossiers as prescribed (at the Department of Justice).
In case the dossier needs to be verified at many places, the time limit shall not exceed 15 working days.
+ Dossier-receiving agency: Department of Justice
+ Dossier-handling agency: Department of Justice
Conclusion: So the above is Judicial record for marriage to 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
