Marriage with foreign elements is understood as a person with Vietnamese nationality (male or female) who marries a person with foreign nationality in Vietnam or in a foreign country in accordance with and in accordance with the provisions of law. Vietnamese marriage and family. Nowadays, cohabitation with foreigners is very common. Accordingly, whether you are married to a domestic or foreign person, you must also register your marriage in accordance with the law. So about the matter “Register a marriage with a foreigner in Vietnam” Let’s find out with LSX in the article below.
- Law on marriage and family 2014
- Decree 123/2015/ND-CP
The concept of marriage registration
Marriage registration is a procedure prescribed by law to recognize the establishment of a marital relationship between two parties when getting married.
The marriage must be registered according to the State rites at the competent State agencies in accordance with the provisions of the law on marriage and family. Any other marriage rites have no legal validity.
What documents do I need to prepare for marriage registration with a foreigner?
To answer the question, How long does it take to register a marriage with a foreigner? Let’s learn about the application for registration of marriage with a foreigner. Accordingly, the application for marriage registration with a foreigner is made in 1 set, including:
• Marriage registration declaration of each party according to the prescribed form;
• A certificate of marital status or a marriage registration declaration confirming the marital status of a Vietnamese citizen, issued within 06 months from the date of receipt of the application; papers proving the marital status of the foreigner, issued by the competent authority of the country of which he is a citizen, less than 06 months from the date of receipt of the application, certifying that he is currently unmarried. or unmarried. If the foreign law does not provide for the issuance of papers certifying marital status, it shall be replaced with a sworn statement of the person who is currently unmarried or unmarried, in accordance with the laws of that country;
• A certificate from a competent Vietnamese or foreign medical organization, issued less than 6 months after the date of receipt of the application, confirming that the person does not have a mental illness or other disease without cognitive ability. , control their own behavior;
• For Vietnamese citizens who have been divorced at a foreign competent agency, and a foreigner who has divorced a Vietnamese citizen at a foreign competent agency, a written certification must be submitted in the household book. the divorce has been settled abroad in accordance with the law of Vietnam;
• Copy of household registration book or temporary residence book (for Vietnamese citizens residing in the country), Permanent residence card or Temporary residence card or Certificate of temporary residence (for foreigners permanently or temporarily residing in Vietnam) marry each other).
Note: In addition to the papers specified in Clause 1 of this Article, depending on the case, the male and female parties must submit the following corresponding documents:
• For Vietnamese citizens who are serving in the armed forces or are working directly related to state secrets, they must submit a written certification from the central or state management agency or organization. province, certify that the person’s marriage to a foreigner does not affect the protection of state secrets or is not contrary to the regulations of that industry;
• For Vietnamese citizens who concurrently hold foreign nationality, they must also have papers proving their marital status issued by competent foreign agencies;
• For a foreigner who does not permanently reside in Vietnam, he/she must also have a certificate certifying that he/she is eligible for marriage, issued by a competent authority of the country of which he/she is a citizen, unless the law of the country that he/she is a citizen of. that does not provide for this certification.
Register a marriage with a foreigner in Vietnam
So how long does it take to register a marriage with a foreigner? In Clause 1, Article 31 of Decree No. 123/2015/ND-CP, within 10 working days from the date of receipt of complete and valid dossiers, the Justice Department under the district-level People’s Committees will conduct research and verify the dossiers. and verify if necessary.
If the dossier is valid, the parties are eligible to get married as prescribed by the Law on Marriage and Family, and are not in the case of refusal to register their marriage, the Justice Division shall report to the Chairman of the district-level People’s Committee for signature. 02 originals of Marriage Certificate.
At the same time, according to Article 32 of Decree 123, within 03 working days from the date the Chairman of the district-level People’s Committee signs the marriage certificate, the Justice Division shall organize the handing of the marriage certificate to the two parties.
Thus, the maximum time from the time of receiving the complete application, carrying out the registration procedures to receiving the marriage certificate with a foreigner is 13 working days at most.
In fact, depending on the case, the time to register a foreigner’s marriage may be different.
Note: In case one or both men and women cannot be present to receive the marriage certificate, the Justice Department may extend the time for granting the marriage certificate but not exceeding 60 days from the date of signing the marriage certificate. marriage certificate upon their written request.
After 60 days, if both parties do not come to receive the marriage certificate, the signed marriage certificate will be canceled.
Which agency has the authority to register marriages with foreigners?
• Provincial-level People’s Committees, places of permanent/temporary residence of Vietnamese citizens/foreigners who request marriage registration shall register marriages between Vietnamese citizens and foreigners, between public and private individuals. Vietnamese people together but at least one party resides abroad.
• Diplomatic missions, consular missions and other agencies authorized to perform the consular function of Vietnam in foreign countries (hereinafter referred to as representative offices) shall register marriages between Vietnamese citizens with foreigners, if such registration is not contrary to the law of the host country.
• In case Vietnamese citizens residing abroad get married, the representative mission shall register the marriage, if so requested.
Procedures for marriage registration with foreigners
Step 1: The person who requests for marriage registration shall submit the marriage registration dossier at the competent district-level People’s Committee.
– The recipient is responsible for immediately checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
– If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete or incomplete, the applicant shall immediately instruct the applicant to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, the recipient must make a guiding document, clearly stating the types of papers and contents to be supplemented, completed, signed, and clearly written the full name of the recipient. take.
Step 2: The Justice Department conducts research and verification of marriage registration documents. In case there is a complaint or denunciation that the marriage is not eligible for marriage under the provisions of the Law on Marriage and Family, or it is found that there is a problem that needs to be clarified about the identity of the male or female party or the documents in the application. marriage registration dossiers, the Justice Division shall coordinate with relevant agencies in verifying and clarifying. In the process of verifying and verifying records, if necessary, the Justice Department will work directly with the parties to clarify their identities, voluntary marriage, and marriage purposes.
– If the documents are found to be valid, the parties are eligible to get married under the provisions of the Law on Marriage and Family, and are not subject to the case of refusal to register their marriage as prescribed, the Justice Division shall report to the Chairman of the Committee. district-level people consider and decide. In case the President of the People’s Committee agrees to settle, then sign 02 originals of the marriage certificate.
Step 3: The Justice Department organizes the awarding of marriage certificates to both male and female parties.
– When registering marriage, both men and women must be present at the headquarters of the People’s Committee, civil status officers shall consult the male and female parties. kiss in the Marriage Register. The civil status officer shall guide the male and female parties to check the contents of the marriage certificate and the marriage registration book. civil status officer with both male and female parties to sign in the Book; Both male and female parties sign the Marriage Certificate.
In case one or both male and female parties cannot be present to receive the marriage certificate, at their written request, the Justice Division shall extend the time limit for granting the marriage certificate but not exceeding 60 days, counting from the date of receipt of the marriage certificate from the date the President of the district-level People’s Committee signs the marriage certificate.
After 60 days, if the man and woman do not come to receive the marriage certificate, the Justice Division shall report to the President of the district-level People’s Committee to cancel the signed marriage certificate. If the two parties still want to get married after that, they must carry out the marriage registration procedure from the beginning.
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Frequently asked questions
Male from full 20 years old, female from full 18 years old;
The marriage is decided by the man and the woman voluntarily;
The parties do not lose their civil act capacity;
Vietnamese citizens residing abroad must have a residence permit issued by a foreign competent authority.
The marriage does not fall into one of the cases where marriage is prohibited as prescribed at Points a, b, c and d, Clause 2, Article 5 of the Law on Marriage and Family.
According to the fee rate set by the provincial People’s Council. Exemption of fees for people from families with meritorious services to the revolution; people from poor households; People with disabilities.
According to the above regulations, Vietnamese people who wish to register their marriage with a foreigner in Vietnam must go to the People’s Committee of the district where they reside to carry out registration procedures. In which, the place of residence here is the place where the person regularly lives, including the place of permanent residence or temporary residence