The latest marriage record procedure according to Vietnamese law
Just like other civil status judicial procedures such as birth registration, marriage registration, confirmation of marital status, etc… The marriage note is also an important procedure. The implementation of this procedure marks a person who has performed the procedure of marriage abroad. However, when carrying out this procedure, many people are still confused because they do not understand the legal provisions. Today, LSX Lawfirm will give you an article about “The latest marriage record procedure according to Vietnamese law”, as follows:
Legal grounds
Civil Status Law 2014
Decree 123/2015/ND-CP
Law on marriage and family 2014
What is a marriage note?
Marriage note is the recording by a competent authority in Vietnam in the civil status book that the marriage of a Vietnamese citizen has settled at a foreign competent authority.
Such marriage note is for the marriage relationship to recognize under Vietnamese law. After completing this procedure, then the marriage relationship will recognized within the territory of Vietnam.
Conditions for marriage notes
Article 34 of Decree 123/2015/ND-CP stipulates the conditions for recording in the civil status book of a Vietnamese citizen’s marriage has settled at a competent foreign agency.
Accordingly, the marriage between Vietnamese citizens, a foreigner registered at a foreign competent authority abroad shall recorded in the civil status book in Vietnam if:
- Firstly, At the time of marriage, the parties meet all conditions for marriage and do not violate the prohibition prescribed by the Law on Marriage and Family.
- Secondly, The case at the time of marriage registration at a foreign competent authority; men and women do not meet the conditions for marriage; but does not violate the prohibition as prescribed in Clause 2, Article 5 of the Law on Marriage and Family; The marriage will still recorded in the civil status book if it falls into one of two cases:
+ By the time the procedure for notifying the marriage in Vietnam, the consequences have overcome;
+ The marriage note is to protect the rights of Vietnamese citizens and children.
Order and procedures for recording in the civil status book of marriage
Dossier to prepare
Pursuant to Clause 1, Article 35 of Decree 123/2015; The marriage note dossier includes the following documents to submit:
- Declaration of marriage notes according to the form;
- A copy of the document certifying the marriage to a foreigner, issued by a competent foreign agency;
- Copies of identity papers of both male and female parties if sending documents via postal system.
- If a Vietnamese citizen divorced; If the marriage is canceled at a foreign competent authority, an extract of the divorce recorded in the civil status book must be submitted, cancel the marriage then.
- Power of attorney in accordance with the law in case of authorization to make marriage notes. In case the authorized person is Mr or Mrs; parents; children, wife, husband; brother, sister or brother of the authorizing person, the power of attorney does not have to be notarized; authentication; but must have documents proving the relationship with the authorized person.
- Passport; identity card; citizen identification card; other papers with photos and personal information on them issued by competent authorities; still valid for use to prove the identity of the person requesting the marriage note;
- Proof of residency to determine jurisdiction.
- In case the application is sent via the postal system, it must be enclosed with certified copies of the above-mentioned papers to be presented.
Marriage Note Authority
Accordingly to Article 48 of the Law on Civil Status; The authority to record the marriage belongs to the People’s Committee of the district where the Vietnamese citizen resides and records in the civil status book the marriage event has settled at a competent foreign agency.
Thus, the requester, after preparing the above documents, shall submit them to the People’s Committee of the district where he/she resides to carry out the procedures.
Solve the marriage note
After receiving the dossier; considers that the application file is complete and meets all the conditions for recording in the civil status book of the marriage; The head of the Justice Department shall record in the book and report to the President of the district-level People’s Committee to sign and issue the original civil status extract to the requester.
So if the request for recording in the civil status book found, the marriage falls into one of the cases of violation of the prohibition as prescribed by the Law on Marriage and Family; cases where Vietnamese citizens marry foreigners at diplomatic missions; If a foreign consular representative office is in Vietnam, the Head of the Justice Department shall report to the Chairman of the district-level People’s Committee for refusal.
The time limit for recording in the civil status book of the marriage is 05 working days; from the date, the Justice Department receives the dossier. In case verification is required, the time limit for settlement shall not exceed 10 working days.
Consulting service of LSX Lawfirm
Above is the advice of Lawyer 247 on the latest marriage note procedure. So we hope that you can apply the above knowledge to use in work and life. Please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
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Related questions
Marriage means the establishment of a husband and wife relationship by a man and a woman when the conditions for marriage are satisfied; carry out marriage registration at a competent agency in accordance with law. Marriage is a legal event giving rise to a marital relationship. When getting married, the male and female parties must fully comply with the marriage conditions prescribed by the Law on Marriage and Family; marriage must be registered at a competent marriage registration agency for such marriage to be recognized as lawful; between the parties, a husband and wife relationship arises before the law.
Marriage registration is a legal procedure; is the basis for the law to protect the rights and obligations of each person. A marriage registration certificate is a type of personal civil status document certified by a competent state agency that a person is in marital status. After marriage registration; benefits will arise; obligations towards husband and wife. If a man and a woman live together without registering their marriage, they will have trouble determining common property and separate property; as well as very difficult to prove their rights.
Conditions for marriage registration under Article 8 of the Law on Marriage and Family are as follows:
– Firstly, Male from full 20 years old or older; females 18 years or older.
– Secondly, The marriage by a man; Women decide voluntarily.
– Thirdly, No loss of civil act capacity. The marriage does not fall into one of the cases where marriage is prohibited under the Law on Marriage and Family.
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