Documents to apply for a judicial record card to marry a foreigner. Dossier for marriage registration in Vietnam. The current reality shows that many people choose to marry a foreigner; and one of the required documents is not as simple as getting married between Vietnamese and Vietnamese. For example, a judicial record is required. So what is the procedure to apply for a judicial record to marry a foreigner? Let us learn about this topic with LSX law firm as follow:
Definition of judicial record to marry a foreigner
We have heard a lot about judicial records; but when it comes to judicial records for marriage to foreigners, many people feel quite surprised and confused. So let’s clarify this concept together.
First, according to Clause 1, Article 2 of the 2009 Law on Judicial Records; it stipulates: Judicial record is a judicial record of a person; convicted by a court’s criminal judgment or decision that has taken legal effect; the status of judgment enforcement and the prohibition of individuals from holding certain positions or establishing businesses; manage the enterprise or cooperative in case the enterprise or cooperative is declared bankrupt in accordance with 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 involving foreign elements are marriage and family relations; in which at least one party is a foreigner; overseas Vietnamese; marriage and family relations between the parties involved are Vietnamese citizens but the grounds for establishing; changing or terminating such relationships are in accordance with foreign laws; arising in a foreign country or the assets relating thereto abroad.
Vietnamese law also stipulates the conditions for marriage with foreign elements in Article 126 of the Law on Marriage and Family 2014.
Documents to apply for a judicial record card to marry a foreigner
One of conditions to get married with foreigners in Vietnam is about judicial record. Pursuant to Article 45 of the 2009 Law on Judicial Records stipulates:
“1. The person requesting the issuance of a judicial record card shall submit a declaration requesting the issuance of a judicial record card and attach the following papers:
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; issued with a judicial record card.
Individuals submit a declaration requesting the issuance of a judicial record card and accompanying papers at the following agencies:
a) Vietnamese citizens submit documents at the Department of Justice where they permanently reside; in case 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 residing abroad; it shall be; submitted to the Department of Justice of the place of residence before leaving the country;
b) Foreigners residing in Vietnam shall submit documents to the Department of Justice of the place where they reside; If they have left Vietnam, they must submit them to the National Center for Judicial Records.
When preparing documents to apply for a judicial record to marry a foreigner; you need to pay attention to complete preparation; accurate to avoid having to amend and supplement many times; causing time-consuming and prompt and timely issuance of judicial record cards by competent authorities.
Finally, hope this article about Documents to apply for a judicial record card to marry a foreigner is helpful for you!
The time limit for the judicial record check of Vietnam so far has not been; clearly and uniformly defined; but still have to depend on the provisions in the documents of each relevant field of law and on the decision of the agency or organization that needs to verify the judicial record status of that individual.
Information on a person’s judicial record will be; stored at a competent authority and synchronized on the national database system. Therefore, when you want to know your foreign marriage judicial record, you can look it up in different forms.