Marriage re-registration procedures in Vietnam. At which agency do you do marriage re-registration procedures in Vietnam. Let us learn about this topic with LSX law firm as follow:
At which agency do you do marriage re-registration procedures in Vietnam
To re-register their marriage, husband and wife must submit documents to the correct competent authority. Accordingly, based on Article 7 of the Law on Civil Status; Articles 25 and 41 of Decree 123/2015, there are 02 cases:
For Vietnamese citizens residing in the country
– Firstly, commune-level People’s Committees (People’s Committees) previously registered marriage;
– Secondly, communal People’s Committee where the requestor permanently resides, re-registration of birth registration.
Re-registration of marriage with foreign elements. Procedures for marriage registration when divorced abroad.
– The People’s Committee of the district where the marriage was; registered before shall re-register the marriage;
– Previously married at the People’s Committee of the commune; now the marriage re-registration is; done by the People’s Committee of the district;
– Previously performed at the Provincial People’s Committee or the Department of Justice; the marriage re-registration shall be; carried out by the People’s Committee of the district where the applicant resides. If this person does not reside in Vietnam, it shall be; done by the People’s Committee of the district; where the current headquarters of the Department of Justice is located.
Marriage re-registration procedures in Vietnam
Step 1: Marriage re-registration procedures in Vietnam: Prepare documents
According to Article 27 of Decree 123/2015, the application for re-marriage registration includes:
– Firstly, declaration according to the form issued in Circular 04/2020;
– Secondly, marriage certificate issued previously (copy).
In case a copy of this Certificate is not available; a copy of the application file and personal papers with information related to the content of marriage registration shall be submitted.
Note: Number of documents 01 set.
Step 2: Marriage re-registration procedures in Vietnam: Submit your application
Submit directly to the competent authority mentioned above.
Step 3: The receiver checks and compares the documents
Pursuant to Article 3 of Decree 123, upon receiving the requester’s dossier on marriage re-registration; the dossier-receiving person is responsible for checking the papers to compare the information on the declaration; and the validity of the marriage re-registration. documents in the application file, presented:
– Firstly, complete and valid dossier: Write a receipt clearly stating the date and time to return the results;
– Secondly, incomplete dossier: Instruct the requester to supplement and complete.
Note:
– Firstly, if submitting a copy issued from the master register; or a certified copy from the original: The person receiving the application is; not required to present the original;
– In case submitting photocopies and presenting the original: The receiver compares and signs the photocopy confirming that the contents of the papers have been; compared.
Step 4: Settlement of records
Within 5 days from the date of receipt of the dossier; the judicial – civil status officer shall examine and verify the dossier. The time to send the verification request and reply to the verification result does not count towards the settlement time limit.
– If the application for re-marriage re-registration is found to be complete; accurate, and in accordance with law, the civil status – judicial officer shall re-register the marriage in the following order:
Record the marriage in the civil status book.
Both men and women sign in the civil status book, marriage registration book and marriage registration certificate.
The civil status – judicial officer shall report to the Chairman of the People’s Committee at the commune or district level to hand over the marriage registration certificate to the couple.
– In case verification is; required due to failure to re-register at the previously registered place, the verification shall be; carried out by the People’s Committee of the commune that previously registered the marriage within 05 working days from the date of receipt of the written request. .
At the same time, within 03 working days from the date of receiving the verification result that the civil status book is no longer kept at the registered place; if the dossier is valid, complete, and accurate, the registration shall be; carried out. remarriage for men and women. Advantages and disadvantages of making pre-wedding property agreement.
Step 5: Pay the fee
According to Article 11 of the Law on Civil Status; the marriage registration fee of Vietnamese citizens residing in the country will be waived. Other cases will be decided by the Provincial People’s Council
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Related questions
Married before January 1, 2016 but the civil status book and the original marriage registration are lost;
The applicant for re-registration of marriage is still alive at the time of receiving the application.
According to Point b, Clause 1, Article 5 of Circular 157/2016, the consular legalization fee is 30,000 VND/time.
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