Nowadays, many couples last for years and want to go into marriage but live far away from their homeland. So, they intend to register their marriage first, then come back and have a wedding in the homeland later. However, many do not know if the law regulates about this problem or not. So, in this article, LSX legal firm will answer the question: “Should you register marriage before wedding in Vietnam?”
Legal ground
- Law on Family and Marriage 2014
- Decree 123/2015/ND-CP
- Circular 85/2019/TT-BTC
Marriage
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
When registering a marriage, both male and female parties need to meet a number of conditions specified in Article 8 of the Law on Marriage and Family 2014 such as:
“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.
Should you register marriage before wedding?
The current law does not require marriage registration before the wedding and also does not regulate how long after the wedding to register the marriage. Therefore, if you do not carry out marriage registration procedures after getting married, you do not violate the law and also do not have to worry about the sanction.
However, marriages between men and women without registration according to regulations have no legal value, no marital rights and obligations arise. Also, it will bring many unnecessary consequences. Therefore, marriage registration means a prerequisite to protecting your legal rights and interests. If the husband and wife do not register their marriage, the law will not recognize the marriage. Therefore, if there is a dispute or family problem, the interests between the husband and wife will not be guaranteed.
On the other hand, if a married man/woman lives together as a husband/wife with another person; they will seriously violate the husband and wife’s obligations, infringing on marital relations, violating ethics as well as the law. Depending on the seriousness of the violation; they may take administrative sanction or examination for penal liability for violating the monogamous marriage regime.
In conclusion, the current law does not require marriage registration before the wedding; nor does it stipulate how long after the wedding the husband and wife must carry out marriage registration procedures.
Can I register my marriage at a temporary residence?
According to the Law on Residence 2020, “residence registration” refers to permanent residence registration, temporary residence registration, temporary absence declaration, stay notification and information declaration, and revision of the information on the residence.
Thus, the temporary residence can also considered a residence of the citizen and the citizen can go to the competent agency in the temporary residence to carry out civil status procedures.
According to the above-mentioned grounds; you can carry out the marriage registration procedures at the place of temporary residence registration of either male or female parties.
Thus, in addition to your permanent residence, you can go to the People’s Committee of the commune where you have registered your temporary residence to register your marriage.
Can you have a child but not get married?
According to the provisions of the Law on Marriage and Family (HN-GD) 2014, the law does not recognize a man and a woman living together as husband and wife without marriage registration. However, the law will recognize the child. The Law on Marriage and Family also stipulates that children outside marriage and children during a marriage are treated equally. If your child has a birth certificate with the parents’ full names on it (or recognized by the parents), then both parents have equal rights in the education, care, and upbringing of their children.
In case the marriage is not registered but there is a dispute over child-rearing, it will still be resolved according to the provisions of the Law on Marriage and Family. According to Clause 2, Article 84 of the Law on Marriage and Family, husband and wife agree on who directly raises children, obligations, and rights of each party.
Legal service of LSX Legal Firm
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Related questions
Under the 2014 Civil Status Law; Decree 123/2015/ND-CP and Circular 04/2020/TT-BTP, in case of birth registration for an illegitimate child, if the father cannot identified, the record about the father in the registration book Birth certificate and Birth Certificate will left blank. Accordingly, the child will have the mother’s last name.
Persons who request marriage registration shall submit dossiers to commune-level People’s Committees
Rights and obligations between a man and woman cohabiting as husband and wife and their children must comply the Law on Marriage and Family’s provisions on rights and obligations of parents and children.
Contact LSX
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