Marriage recording means the Vietnamese agency enters the marriage registration of a Vietnamese residing abroad settled by a foreign competent authority into the civil status book. If a Vietnamese marries abroad, only after recording the government of the marriage will Vietnamese law recognize the marriage of that person. In this article, LSX legal firm provides: “Procedures to record in the civil status book marriage in Vietnam”
Legal grounds
- Law on Civil Status 2014
- Law on Family and Marriage 2014
- Decree 123/2015/ND-CP
Marriage involving foreign elements
For marriage involving foreign elements, the Law on Family and Marriage 2014 stipulates:
For marriages between Vietnamese citizens and foreigners, each party shall comply with his or her country’s law on marriage conditions. If they conduct the marriage at a competent Vietnamese state agency, then the foreigner shall also comply with this Law’s provisions on marriage conditions.
Also, marriages between foreigners permanently residing in Vietnam at competent Vietnamese agencies must comply with this Law’s provisions on marriage conditions.
For the recognition of judgments and decisions of foreign jurisdiction agencies, Article 125 of the Law on Family and Marriage provides:
Article 125. Recognition and writing of judgments and decisions of foreign courts and competent foreign agencies on marriage and family
The recognition of judgments and decisions on marriage and family of foreign courts with request for enforcement in Vietnam must comply with the Civil Procedure Code.
The Government shall prescribe the writing in civil status registers of matters of marriage and family according to judgments and decisions of foreign courts without request for enforcement in Vietnam or without request for non-recognition in Vietnam; and decisions on marriage and family of other competent foreign agencies.
Recording in the civil status book the marriage
Marriage vital recording means that a competent Vietnamese agency records in the civil status book the marriage registration of a Vietnamese citizen settled at a foreign competent authority in a foreign country. If a Vietnamese entered into marriage abroad, only after recording the marriage will the law of Vietnamese recognize that marriage relationship. In other words, the marriage recording procedure means to recognize the marriage conducted abroad.
Competence to record in the civil status book civil status matters of Vietnamese citizens settled at competent foreign agencies
Firstly, district-level People’s Committees of places of residents of Vietnamese citizens shall record in the civil status book the birth registration; marriage; guardianship; parent and child recognition; parent and child identification; adoption; and civil status change already settled at competent foreign agencies.
Secondly, district-level People’s Committees of previous places of marriage registration or marriage registration noting shall record in the civil status book the divorce and marriage cancellation of individuals already affected abroad.
Procedures for recording in the civil status book marriage
Requesters for recording in the civil status book the marriage, divorce, or marriage cancellation shall submit declarations, made according to set forms and certified copies of papers proving that such matter has been settled at a foreign competent agency to the civil status registration agency.
Within 12 days after receiving complete and valid dossiers as prescribed in Clause 1 of this Article and if seeing that the law-prescribed conditions are fully met, the civil status officer shall record the matter in the civil status book. The district-level Justice Division shall report to the chairperson of the district-level People’s Committee to issue an extract to the requester.
Conditions for documenting in vital records the marriage
Conditions for documenting in vital records the marriage of Vietnamese citizens that settled at foreign competent authorities:
- The marriage between Vietnamese citizens or a Vietnamese citizen and a foreigner that has been settled at a foreign competent authority shall be permitted to be documented in the vital records provided that both partners, at the time of marriage, meet all conditions for marriage and do not commit violations against the Law on marriage and family of Vietnam.
- In case the partners, at the time of marriage registration at the foreign competent authority do not meet the conditions for marriage but do not commit any violation against the Law on marriage and family, and consequences have been remedied or the marriage record is made for the purpose of protecting interests of Vietnamese citizen and children, at the time of requesting documenting in vital records, the marriage will be permitted to be documented in the vital records.
Procedures to record in the civil status book marriage in Vietnam
Under Decree 123/2015/ND-CP, Article 35 provides the procedures for the marriage record as follows:
Article 35. Procedures for the marriage record
An application for marriage record shall be submitted by either one partner at the competent authority as prescribed in Clause 1 Article 48 of the Law on civil status, including:
a) An application form as prescribed;
b) A copy of the marriage certificate issued by the foreign competent authority;
c) Apart from documents prescribed in Points a and b of this Clause, if the application is submitted by post, copies of documents prescribed in Clause 1 Article 2 of this Decree are also required; if the partner being a Vietnamese citizen obtained divorce or marriage annulment at the foreign competent authority, a copy of the record of such divorce or marriage annulment prescribed in Clause 2 Article 37 of this Decree is also required.
Time limit for a marriage record is 5 working days, from the date on which the Committee Division of Justice receives the application.
In case of necessity to verify, the processing time limit is 10 working days.
Procedures for marriage records shall be consistent with Clause 2 Article 50 of the Law on civil status and the following:
a) If the application is considered satisfactory as prescribed in Article 34 of this Decree, the Chief of Committee Division of Justice shall document the marriage in the vital records and request the President of the People’s Committee of the district to sign the original copy from the vital records to the applicant.
b) If the application is considered unsatisfactory as prescribed in Clause 1 Article 36 of this Decree, the Chief of Committee Division of Justice shall request the President of the People’s Committee of the district to refuse it.
Cases of refusal to marriage record
The competence agency might refuse an application for a marriage record in any of the following cases:
- Firstly, the marriage infringes the Law on marriage and family.
- Secondly, the Vietnamese citizen gets married to a foreigner at a foreign diplomatic missions or consular agent in Vietnam.
In case of refusal of the application for marriage registration, the Committee Division of Justice shall provide the applicant with an explanation in writing.
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Frequently asked questions
Declaration of marriage record made according to the form prescribed in Circular 04/2020/TT-BTP.
A copy of the marriage certificate issued by a foreign competent authority.
Copies of documents of both male and female parties (if applying by post).
The support obligation must comply with the law of the country where the requester for support resides. In case the requester for support has no place of residence in Vietnam, the law of the country of his/her citizenship shall apply.
Papers established, granted or certified by competent foreign agencies for use in the settlement of cases and matters of marriage and family shall be consular legalized, except cases eligible for exemption from consular legalization under treaties to which the Socialist Republic of Vietnam is a contracting party or on the principle of reciprocity.
Conclusion: So the above is Procedures to record in the civil status book marriage in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
