I have been married for 2 months, have had children but have not yet registered for marriage, my husband has had 1 wife and has a certificate of divorce from the court (my husband is in Nghe An) and my husband has entered the household registration book. So now “What documents do I need for marriage registration in Vietnam?” Let’s find out and consult with LSX through the article below!
Legal grounds
- Law on Marriage and Family 2014
- Civil Status Law 2014
- Decree 123/2015/ND-CP
What are the conditions for registering a marriage certificate?
In order to register a marriage certificate, a number of conditions must be met in Article 8 of the Law on Marriage and Family 2014 as follows:
• Article 8. Conditions for marriage
1. 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.
2. The State does not recognize marriage between people of the same sex.
What is the procedure for marriage registration?
Pursuant to the provisions of Article 38 of the Law on Civil Status 2014 as follows:
• Article 38. Marriage registration procedures
1. 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.
2. 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.
3. 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.
4. 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 foreign competent agencies abroad in order to ensure the legitimate rights and interests of the parties.”
Accordingly, marriage registration procedures comply with the above provisions of law.
What documents do I need for marriage registration in Vietnam?
Pursuant to Article 10 of Decree 123/2015/ND-CP stipulating documents to be submitted and presented upon marriage registration, specifically:
• The applicant for marriage registration presents the following documents 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 information on them. individual 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 men and women submit marriage registration declarations according to the prescribed form to the civil status registration agency and are 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. specified 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 issue a marriage license?
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 as prescribed by 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 Chairman 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 both male and female 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:
• For the 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 servants shall The civil status officer is responsible for verifying that, if he/she finds that he/she meets all the conditions for marriage as prescribed by law, the Justice Division shall report it to the President of the district-level People’s Committee for settlement.”
• After both men and women record their marriage in the civil status book, and both men and women both sign the civil status book and marriage certificate, the district-level People’s Committee chairperson shall hand over the marriage certificate to the two men, female.
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Frequently asked questions
Pursuant to the provisions of Article 17 of the Law on Civil Status 2014 as follows:
Article 17. Competence to register marriage and content of marriage certificate
The commune-level People’s Committee of the place where either man or woman resides shall register the marriage.
The marriage certificate must contain the following information:
a) Full name, middle name and first name; date of birth; ethnic; nationality; residence; information on identification papers of both male and female parties;
b) Date of marriage registration;
c) Signatures or fingerprints of both the male and female parties and certification of the civil status registration agency.
Accordingly, the authority to register marriage belongs to the commune-level People’s Committee of the place where one of the male and female parties resides to register the marriage.
According to the provisions of Clause 5, Article 3 of the Law on Marriage and Family 2014:
“Marriage is when a man and a woman establish a husband and wife relationship with each other in accordance with the law on marriage conditions and marriage registration.”
In there:
Conditions for marriage are specified in Article 8 of the Law on Marriage and Family: “Men are full 200 years old, women are full 18 years old, the marriage is voluntary and they do not lose their civil act capacity. and not in the case of prohibition of marriage, not of the same sex”.
under the provisions of Points a, b, c and d, Clause 2, Article 5 of this Law are:
“Article 5. Protection of the marriage and family regime
The following acts are prohibited:
a) Fake marriage, fake divorce;
b) Child marriage, forced marriage, cheating on marriage, obstructing marriage;
c) A married person who marries or lives together as husband and wife with another person, or is unmarried or unmarried but marries or cohabits as husband and wife with a married person;
d) Marrying or living together as husband and wife between people of the same direct bloodline; among people with surnames within three generations; between adoptive parents and adopted children; between a person who used to be a father, an adoptive mother with an adopted child, a father-in-law with a daughter-in-law, a mother-in-law with a son-in-law, a stepfather with a stepchild of a wife, a stepmother with a stepchild of a husband;”
Thus, the conditions for marriage need to comply with Article 8 of the Law on Marriage and Family 2014. And in terms of voluntary consent, no one can prevent this.
Conclusion: So the above is What documents do I need for marriage registration in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
