Marriage registration is an important process that every couple must undergo if they wish to legalize their union. To begin filling out the marriage registration form in Vietnam, the couple must first obtain an application form which can be downloaded from the relevant authorities’ websites, or by visiting their offices. This form is essential for the registration process, and it is vital that both parties provide accurate and complete information to avoid any complications. In this article, LSX legal firm provides a guideline for: “How to write marriage registration form in Vietnam?”
Legal grounds
- Law on Marriage and Family 2014
- Law on Civil Status 2014
- Circular 04/2020/TT-BTP
Marriage registration form
Circular 04/2020/TT-BTP provides for the form of declaration for marriage registration, download here:
Guidelines for filling the marriage registration form
CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập – Tự do – Hạnh phúc
TỜ KHAI ĐĂNG KÝ KẾT HÔN (Declaration for marriage registration)
Kính gửi (To): ……………………………………………………………………………………
| Thông tin (Information) | Bên nữ (Female Party) | Bên nam (Male Party |
| Họ, chữ đệm, tên (Last name, middle name, last name) | ||
| Ngày, tháng, năm sinh (Date of birth DD/MM/YY) | ||
| Dân tộc (Ethnic) | ||
| Quốc tịch (Nationality) | ||
| Nơi cư trú (Place of residence) | ||
| Giấy tờ tùy thân (Individual papers) | ||
| Kết hôn lần thứ mấy (Marriage for the — time) |
Chúng tôi cam đoan những lời khai trên đây là đúng sự thật, việc kết hôn của chúng tôi là tự nguyện, không vi phạm quy định của Luật hôn nhân và gia đình Việt Nam (We guarantee that the above statements are true, our marriage is voluntary, and does not violate the provisions of the Law on Marriage and Family of Vietnam).
Chúng tôi chịu hoàn toàn trách nhiệm trước pháp luật về nội dung cam đoan của mình (We take full responsibility before the law for the content of our declarations).
Đề nghị Quý cơ quan đăng ký.
………………………………., ngày ……….…tháng ………… năm…………… (DD/MM/YY)
| Bên nữ (Ký, ghi rõ họ, chữ đệm, tên) [Name and signature of the female party] ……………………………… | Bên nam (Ký, ghi rõ họ, chữ đệm, tên) [Name and signature of the male party] ……………………………… |
| Đề nghị cấp bản sao: Có Request for copies: Yes / No Number of copies: |
Marriage under Vietnamese law
According to Clause 5, Article 3 of the Law on Marriage and Family 2014, getting into marriage means a man and a woman’s establishment of the husband and wife relation according to the provisions of this Law on marriage conditions and registration.
Thus, you can understand marriage as a legal event giving rise to a marital relationship. When getting into marriage, the male and female parties must fully comply with the conditions for marriage prescribed by the Law on Marriage and Family and must register their marriage at a competent marriage registration agency so the legislation recognizes such marriage between a husband and wife relationship arises before the law.
Conditions for marriage registration
Article 8 of the Law on Marriage and Family 2014 stipulates the requirements in regard to marriage registration as follows:
Article 8. Conditions for getting married
1. A man and a woman wishing to marry each other must satisfy the following conditions:
a /The man is full 20 years or older, the woman is full 18 years or older;
b/ The marriage is voluntarily decided by the man and woman;
c/ The man and woman do not lose the civil act capacity;
d/ The marriage does not fall into one of the cases prescribed at Points a, b, c, and d, Clause 2, Article 5 of this Law.
2. The State shall not recognize marriage between persons of the same sex.”
On the other hand, the marriage must be registered and performed by a competent State agency to be valid.
Where to register your marriage?
Under the Law on Civil Status 2014, Article 17 and 37 regulates the competence to register marriages at the Commune-level People’s Committees and the District-level People’s Committees for different subjects:
Article 17. Competence to register marriage and contents of marriage certificates
1. Commune-level People’s Committees of the place of residence of either of the male and female partners shall make marriage registration.
Article 37. Competence to register marriage
1. District-level People’s Committees of places of residence of Vietnamese citizens shall register marriages between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; and between Vietnamese citizens who also have foreign citizenship and Vietnamese citizens or foreigners.
2. In case a foreigner residing in Vietnam requests marriage registration in Vietnam, the district-level People’s Committee of the place of residence of either partner shall register the marriage.
Thus, the commune-level People’s Committee of the place where either husband or wife resides shall register the marriage without foreign elements.
The People’s Committee of the district where the Vietnamese citizen resides shall register the marriage involving foreign elements.
Marriage registration procedures at the District-level People’s Committees
- The male and female partners submit a declaration, made according to a set form, and a written certification of a competent Vietnamese or foreign health organization stating that he/she does not suffer from any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts to the civil status registration agency.
Foreigners and Vietnamese citizens residing abroad shall additionally submit papers proving their marital status and copies of their passports or valid passport substitute papers. - Within 15 days after receiving complete papers specified in Clause 1 of this Article, civil status officers shall verify; if seeing that the law-prescribed marriage conditions are fully met, the district-level Justice Division shall report to the chairperson of the district-level People’s Committee for settlement.
- Upon marriage registration, both male and female partners must be present at the head office of the People’s Committee, the civil status officer shall ask for the opinions of the male and female partners. If seeing that they voluntarily marry each other, the civil status officer shall record the marriage in the civil status book and together with the male and female partners sign in the civil status book. The male and female partners shall both sign in the marriage certificate.
The chairperson of the district-level People’s Committee shall hand the marriage certificate to the couple. - The Government shall stipulate additional papers in marriage registration dossiers, interviews to verify the marriage purpose when settling marriage registration requests; procedures to grant marital status certificates to Vietnamese citizens for marrying foreigners at competent foreign agencies overseas in order to guarantee lawful rights and interests of parties.
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See more
Time to register a marriage with foreign elements in Vietnam
Marriage declaration to marry a foreigner in Vietnam
Settlement guarantee after marriage for foreigner in Vietnam
Frequently asked questions
– Family name, middle name, and first name; birthdate; ethnicity; citizenship; place of residence; information about personal identity papers of male and female partners.
– Date of marriage registration.
– Signatures or fingerprints of male and female partners and certification of the civil status registration agency.
Immediately after receiving the complete dossier, if seeing that the marriage conditions are fully met in accordance with the Law on Marriage and Family, the justice and civil status officer shall record the marriage in the civil status book and together with the male and female partners sign in the civil status book.
In case of necessity to verify the marriage conditions of the male and female partners during marriage registration, the time limit for settlement is 5 working days.
Conclusion: So the above is How to write marriage registration form in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
