Service of making marriage registration certificates with foreigners in Vietnam
Hello Lawyer. My boyfriend and I have known each other for 5 years, here we plan to move to the same house. What do I need to prepare to make a marriage registration certificates with a foreigner? How long does it take to get a marriage license? What are the conditions for registering a marriage certificate? Thank you.
Thank you for sending your question to Lawyer X. We will answer your questions in the article below. Hope this article brings a lot of useful things to you.
Legal grounds
Law on Marriage and Family 2014
Decree 123/2015/ND-CP
What are the conditions for registering a marriage certificate?
The two of you who want to register a marriage certificate must meet a number of conditions in Article 8 of the Law on Marriage and Family 2014 as follows:
“Article 8. Conditions for marriage
- Men and women getting married must comply with the following conditions:
a) Men aged full 20 years or older, women aged full 18 years or older;
b) The marriage is voluntarily decided by the man and the woman;
c) No loss of civil act capacity;
d) 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 this Law.
- The State does not recognize marriage between people of the same sex.”
Besides, according to Clause 13, Article 3 of the Law on Marriage and Family 2014 stipulates: “Marriage period is the period of existence of the husband and wife relationship, counted from the date of marriage registration to the date of marriage termination. ” At the same time, the husband and wife relationship can only be established when the two parties register their marriage in accordance with the law.
What to prepare for marriage registration certificates with foreigners in Vietnam?
Pursuant to Article 10 of Decree 123/2015/ND-CP stipulating documents to be submitted and presented upon marriage registration, specifically:
– The marriage registration requester presents the following papers as prescribed in Clause 1, Article 2 of Decree 123/2015/ND-CP:
The person who requests for civil status registration or issue a copy of civil status extract shall present the original of one of the following papers: Passport, people’s identity card, citizen identification card or other papers with photos and personal information affixed. issued by a competent authority, and valid for use (hereinafter referred to as identification papers) to prove identity. During the transition period, civil status registration applicants must present proof of residence.
- Both parties shall submit the marriage registration declaration according to the prescribed form to the civil status registration agency and be present when registering their marriage at the commune-level People’s Committee or the papers specified in Clause 1 of this Article. 38 of the Law on Civil Status 2014 when registering marriage at the district-level People’s Committee and submitting the original certificate of marital status according to the following provisions:
- In case of marriage registration at the commune-level People’s Committee but the marriage registration requester does not permanently reside in the commune, ward or township where the marriage is registered, a certificate of marital status issued by the Committee must be submitted. commune-level people have the authority to grant them according to the provisions of Articles 21, 22 and 23 of this Decree.
In case of marriage registration at the district-level People’s Committee, the marriage registration requester residing in the country must submit a certificate of marital status issued by the competent commune-level People’s Committee according to regulations. in Articles 21, 22 and 23 of this Decree.
- In case the marriage registration requester is working, studying or working abroad for a definite term, he/she must submit a certificate of marital status issued by the diplomatic mission or consular mission of the country overseas Vietnamese (hereinafter referred to as Representative Offices).
How long does it take to get marriage certificates with foreigners in Vietnam?
Procedures for domestic marriage registration are based on Article 18 of the Law on Civil Status 2014 stipulating:
– Both men and women submit marriage registration declarations according to the prescribed form to the civil status registration agency and are present at the time of marriage registration.
– Immediately after receiving all the papers as prescribed in Clause 1 of this Article, if finding that the marriage conditions are satisfied according to the provisions of the Law on Marriage and Family, the judicial and civil status officer shall record the marriage in the civil status book, together with both men and women, sign in the civil status book. Both male and female parties sign the Marriage Certificate; judicial and civil status civil servants shall report to the President of the commune-level People’s Committee to organize the awarding of marriage certificates to both male and female parties.
In case it is necessary to verify the marriage conditions of the two parties, the time limit for settlement shall not exceed 05 working days.
Thus, if all conditions are met, the time to issue a marriage registration certificate is right after submitting a complete dossier; if verification is required, the time limit shall not exceed 05 working days.
Note: In case of marriage involving foreign elements, according to Clause 2, Article 38 of the Law on Civil Status 2014: “Within 15 days from the date of receipt of complete documents as prescribed in Clause 1 of this Article, civil status civil servants are responsible for verifying that, if they find that they are eligible for marriage as prescribed by law, the Justice Division shall report to the district-level People’s Committee chairperson for settlement.”
After the two parties record their marriage in the civil status book, and the two parties sign the civil status book and marriage certificate, the chairperson of the district-level People’s Committee shall hand over the marriage certificate to the two men. female.
What is the procedure for marriage registration certificates with foreigners in Vietnam?
Pursuant to the provisions of Article 38 of the Law on Civil Status 2014 as follows:
Article 38. Marriage registration procedures
- The male and female parties shall submit a declaration according to the prescribed form and a certificate from a competent Vietnamese or foreign medical organization certifying that such person does not have a mental illness or other disease and is incapable of receiving medical treatment. knowledge and control of their actions for civil status registration agencies.
Foreigners and Vietnamese citizens residing abroad must submit additional documents proving their marital status, a copy of the passport or a valid document in lieu of the passport.
- Within 15 days from the date of receipt of complete papers as prescribed in Clause 1 of this Article, civil status officers shall verify that, if they see that they are eligible for marriage as prescribed by law, The Justice Division shall report to the Chairman of the district-level People’s Committee for settlement.
- 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. If the parties voluntarily get married, write down their work. get married in the civil status book, together with both men and women sign in the civil status book. Both male and female parties sign the Marriage Certificate.
The President of the district-level People’s Committee presents the marriage certificate to the male and female parties.
- The Government shall stipulate additional documents in the marriage registration dossier, the interview and verification of the marriage purpose when handling the marriage registration request; procedures for granting certificates of marital status to Vietnamese citizens to marry foreigners at competent foreign agencies abroad in order to ensure the legitimate rights and interests of the parties.”
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Please see more:
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Term of issuance of work permits for foreigners in Vietnam
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Frequently asked questions
According to Clause 7, Article 4 of the Law on Civil Status, a marriage certificate is a document issued by a competent State agency to both male and female parties when registering their marriage.
If both men and women are eligible to get married, after the man and woman both sign and clearly write their names in the civil status book and the marriage certificate, each spouse will be granted one original of the certificate (according to Clause 3, Article 18 of Decree 123).
Thus, it can be seen that the marriage registration will be issued in 02 originals for each spouse to keep 01 copy.
According to the provisions of Article 53 of Regulation 69-QD/TW dated July 6, 2022 of the Central Committee, there is no provision prohibiting Party members from marrying foreigners. If you fully meet the above conditions, you are entitled to marry a foreigner.
However, a Party member will only be disciplined by the Party if he or she marries a foreigner without reporting to the direct management committee and the party committee where he/she lives or if he/she marries a foreigner with serious criminal activities. have attitudes or activities against the Party or State.
Conclusion: So the above is Service of making marriage registration certificates with foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
