Procedures for marriage registration when divorced abroad

by DungTran

Procedures for marriage registration when divorced abroad. Many people marry foreigners and follow their husbands abroad to live. However, what should you do when you get a divorce and want to marry someone else in Vietnam? Let us learn about this topic with LSX law firm as follow:

Procedures for marriage registration when divorced abroad: consular legalization of divorce papers

Consular legalization is the certification of seals, signatures; and titles by a competent Vietnamese agency on foreign papers and documents; so that such forms and documents can be; recognized and used in Vietnam.

This is the definition stated in Clause 2, Article 2 of Decree No. 111/2011/ND-CP on consular certification and legalization. Accordingly, these divorce papers will be; presented in that foreign language when the divorce done abroad.

Therefore, to be recognized and use documents related to divorce abroad in Vietnam; the divorced person abroad must carry out consular legalization procedures. As follows:

Documents for consular legalization of divorce papers

Clause 1, Article 14 of Decree No. 111/2011/ND-CP stipulates that documents for consular legalization include:

– Firstly, declaration.

– Secondly, personal documents such as Identity card, Citizen ID card, passport, household registration book…

– Thirdly, papers requesting consular legalization (original and photocopy for the competent authority to save).

The consular legalization document translation into Vietnamese or English; or a language that the representative agency staff can understand; (the original and a photocopy for the competent authority to keep).

Place to apply for for consular legalization of divorce papers

The place to apply in this case is specified in Article 5 of Decree 111 above, including:

– Firstly, the Consular Department of the Ministry of Foreign Affairs is located at 40 Tran Phu, Ba Dinh, City. Hanoi.

– Secondly, city Department of Foreign Affairs. Ho Chi Minh City has an address at 6 Alexandre de Rhodes; Ben Nghe, District 1, City. HCM.

– Thirdly, foreign affairs agencies of provinces and cities authorized by the Ministry of Foreign Affairs.

– Moreover, diplomatic missions, consular offices, or other agencies (representative offices) authorized in foreign countries.

Procedures for marriage registration when divorced abroad: record the divorce in the civil status book abroad

Clause 2, Article 37 of Decree 123/2015/ND-CP states:

Vietnamese citizens who have divorced annulled their marriage abroad; and then returned to their home country to reside permanently or carry out procedures for new marriage registration at a competent Vietnamese agency must record their divorce in the civil status book; annulment of marriage has been; settled in a foreign country (after this referred to as the divorce note). If there have been many divorces or dissolution of marriage, only the most recent divorce record procedure is; carried out.

Accordingly, the procedure is as follows:

Subjects to record the divorce in the civil status book abroad

Article 38 of Decree 123/2015 stipulates that the district’s competent authority to make divorce notes for citizens is the People’s Committee. Specifically:

– The People’s Committee of the district where the marriage has been; registered or recorded in the civil status book of the previous marriage. If the place of implementation was previously the Department of Justice, it is the People’s Committee of the district where the Vietnamese citizen resides.

– The superior People’s Committee of the Commune People’s Committee has registered marriage before.

– The People’s Committee of the district where they reside before leaving the country if the Vietnamese citizen does not permanently live in Vietnam.

– People’s Committees of districts where permanent residence: Vietnamese citizens returning from abroad permanently reside in Vietnam or their marriages registered at representative offices or abroad.

– The People’s Committee of the district where the new marriage application is; requested by a Vietnamese citizen residing abroad. Still, the previous marriage was performed at a representative mission or abroad.

Procedures for record the divorce in the civil status book abroad

A dossier of divorce notes specified in Clause 1, Article 39 of Decree 123/2015 includes:

– Declaration.

– Copy of legally valid divorce papers. Note, if necessary, consular legalization is required.

Divorce notes are long?

According to Clause 2, Article 50 of the Law on Civil Status, the time to make divorce notes is 12 days from the date of receipt of a complete and valid dossier and meeting all the conditions as prescribed. At that time, the petitioner will be issued with an extract of the divorce note.

Regarding the specific time for making divorce notes, Clause 2, Article 39 of Decree 123/2015 states:

The civil status officer will check the dossier after 05 working days from the date of receiving the complete and valid dossier.

– 10 working days: If further verification is required.

Particularly for cases where the practical divorce judgment or decision issued by a foreign country violates the Law on Marriage and Family, must be; posted publicly on the website of the Ministry of Justice will be refused notes.

How much does it cost to get a divorce note?

Fees for divorce notes as prescribed in Clause 3, Article 3 and Point c, Clause 2, Article 5 of Circular No. 85/2019/TT-BTC are regulated by the Provincial People’s Council.

Therefore, for different provinces and cities, this fee is regulated differently.

Procedures for marriage registration when divorced abroad

Dossier for marriage registration in Vietnam. After completing the two contents of consular legalization and noting the divorce at the competent authority of Vietnam; the person wishing to get; married shall carry out the procedures for marriage registration at the competent authority.

Procedures for marriage registration with Vietnamese in Vietnam

If you want to get; married to a Vietnamese in the country, you need to follow the following procedures:

– Firstly, documents : Marriage registration declaration; identification; certificate of marital status; legally effective divorce decision/judgment (if any).

– Secondly, implementing agency: Commune-level People’s Committee where either man or woman resides…

– Thirdly, implementation time: No more than 05 working days.

Procedure of marriage registration to foreigners in Vietnam

If you want to get married to a foreigner in Vietnam; you need to follow the following procedures:

– Documents includes:

Marriage registration declaration; identification documents, certificates of marital status.

If the foreigner does not have this document, a replacement document is; required to prove that this person is eligible for marriage; Certificate of not being mentally ill, fully aware, controlling behavior, passport…

– Implementing agency: People’s Committee of the district where Vietnamese citizens reside.

Contact us

Finally, hope this article about Procedures for marriage registration when divorced abroad is helpful for you!

In case you have any questions, don’t hesitate to get in touch with Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn.

Related questions

How long is the settlement time?

The time for legalization after submitting all required documents and dossiers is 01 day. If the dossier contains 10 papers or more, this time limit shall not exceed 05 working days (based on Clause 5, Article 11 of Decree 111).

How much does consular legalization cost?

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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