When the marriage cannot continue, the couple can decide to divorce. According to Vietnamese law, in order to get a divorce, it is necessary to prepare a dossier including a marriage registration certificate, but there are cases where a spouse loses this certificate. Lost marriage registration certificate in Vietnam can foreigners get a divorce? Procedures for divorce after losing the marriage registration certificate? Please refer to the article below of Lawyer X for more information!
Law on marriage and family 2014
Civil Procedure Code 2015
Lost marriage registration certificate in Vietnam can foreigners get a divorce?
According to the provisions of Article 55, Article 56 of the Law on Marriage and Family 2014, in order to be granted a divorce by the Court, the requester must prepare the following documents:
Marriage registration certificate (original);
Identity card of the husband and wife; Family registration book (certified copy);
Birth certificates of the children (if they have children in common, a certified copy);
Papers proving ownership of common property (if there is a husband and wife’s common property, a certified copy);
Divorce application (Depending on each case, husband and wife can file a petition for unilateral divorce or a petition for uncontested divorce).
According to the above regulations, to get a divorce, you need to prepare documents with a marriage registration certificate. But if you have lost your Marriage Certificate and your spouse also no longer has it or does not want to deliver it (there are 02 originals issued at the time of marriage registration), you can carry out the procedure to apply for an extract of a copy of the Marriage Certificate. marriage registration certificate at the People’s Committee where the marriage registration was previously performed. Or apply for a new marriage certificate.
Conditions for re-issuance of marriage registration certificate
In order to be re-granted a marriage registration certificate, you must meet the conditions in Article 24 of Decree 123/2015/ND-CP specifically as follows:
“Article 24. Conditions for re-registration of birth, marriage and death 1. Birth, marriage, and death registration that were registered at a competent Vietnamese agency before January 1, 2016 but the civil status books and originals of civil status papers are lost, they may be re-registered.2 . The person requesting the re-registration of birth, marriage or death must submit full copies of papers and documents with contents related to the re-registration.3. The re-registration of birth and marriage can only be done if the registration requester is still alive at the time of receiving the application.”
Procedure for re-issuance of marriage registration certificate
Article 27 of Decree 123/2015/ND-CP stipulates as follows:
“Article 27. Marriage re-registration procedures
1. A dossier of marriage re-registration includes the following papers:
a) A declaration made according to the prescribed form;
b) A copy of the previously issued marriage certificate. If a copy of the marriage certificate is not available, a copy of the profile and personal papers with information related to the content of the marriage registration shall be submitted.
2. Within 05 working days from the date of receiving the dossier, the judicial – civil status officer shall check and verify the dossier. If the application for re-marriage re-registration is found to be complete, accurate and in accordance with the law, the civil status officer shall carry out the re-marriage re-registration according to the order specified in Clause 2, Article 18 of the Law on Civil Status. If the marriage re-registration is carried out at the commune-level People’s Committee which is not the place where the marriage has been registered before, the judicial and civil status civil servant shall report to the President of the People’s Committee to request the People’s Committee in writing. The People’s Committee of the place of previous marriage registration shall check and verify the preservation of civil status books in the locality. Within 05 working days from the date of receipt of the written request, the People’s Committee of the place where the marriage is registered. previous marriage registrants shall check, verify and reply in writing whether or not they still keep or fail to keep civil status books.
3. Within 3 working days from the date of receipt of the verification result that the civil status book can no longer be kept at the place where the marriage is registered, if the dossier is found to be complete, accurate and in accordance with the law judicial and civil status officers shall carry out the re-registration of marriages as prescribed in Clause 2 of this Article.
4. The marriage relationship is recognized from the date of previous marriage registration and is clearly stated in the marriage certificate and civil status book. If the date and month of previous marriage registration cannot be determined, the marriage relationship shall be recognized from January 1 of the previous year of marriage registration.”
Procedures for divorce after losing the marriage registration certificate?
Step 1: Prepare and submit your application
Step 2: Court considers and settles
– After receiving the petition from the plaintiff, the Court must consider whether to accept the application or not after 05 working days.
– If the dossier is valid, the court shall send a notice to the plaintiff to pay the court fee advance, the court shall issue a decision to accept the unilateral divorce petition from the time the plaintiff submits the receipt for which the court fee advance has been paid. Article 191, 195 Civil Procedure Code 2015).
– Conciliation: Conciliation procedure at Court is a mandatory procedure before bringing the case to trial, except for cases that cannot be conciliated or cannot be conciliated or the case is resolved according to summary procedures. .
If the conciliation is successful: The court makes a record of successful conciliation and, after 07 days, if the involved parties do not change their opinions, the court shall issue a decision to recognize the successful conciliation and this decision shall take effect immediately and shall not be appealed against. appeal appeal.
If the conciliation fails: The court must also make a record of unsuccessful conciliation and then issue a decision to bring the case to trial.
After making the decision to bring the case to trial, the parties are sent a summons by the Court and are clearly informed of the time and place of opening the first-instance court session.
Step 3: Issue a divorce judgment
If the conciliation is not successful and it is deemed that there are sufficient conditions to resolve the divorce, the Court will issue a judgment to terminate the marital relationship of the couple, etc.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Lost marriage registration certificate in Vietnam can foreigners get a divorce?”
The above article has provided detailed information related to the issue “Lost marriage registration certificate in Vietnam can foreigners get a divorce?. LSX Law firm is proud to be a leading legal consulting company, with the mission of bringing lawyers to your fingertips. We will support and answer legal issues for you quickly, efficiently and reliably. If you have any questions about the law, please get in touch with us via hotline: +84846175333 or Email: firstname.lastname@example.org
Please see more
Frequently asked questions
According to the provisions of Article 51 of the Law on Marriage and Family 2014, persons with the right to request divorce settlement include:
Husband, wife or both have the right to ask the Court to resolve the divorce.
Parents and other relatives have the right to ask the Court to resolve the divorce when one of the spouses, due to mental illness or other illnesses, is unable to perceive and control his or her behavior, and is also a legal partner. France. victims of domestic violence caused by husband and wife, seriously affecting their life, health and spirit.
Article 81 of the Law on Marriage and Family 2014 has the following provisions:
Children under 36 months old (under 3 years old): Will be assigned to the mother to directly raise. Except where the mother is not eligible for adoption.
Children from full 3 years old to under 7 years old: Based on the benefits of all aspects for the child. Including the physical. (economic condition of father or mother…); and spirit. (love for children…).
Children from full 7 years of age or older: In this case, the child’s wishes must be considered.