To be legally recognized as a couple, couples need to carry out the marriage registration procedure. This is the basic legal basis for later marriage issues: asset division, birth certificate for children ...
To be legally recognized as a couple, couples need to carry out the marriage registration procedure. This is the basic legal basis for later marriage issues: asset division, birth certificate for children ...
I. Conditions for marriage registration
Conditions for marriage registration are specified in Article 8 of the 2014 Law on Marriage and Family:
a) Male from full 20 years old or older, female from full 18 years old;
b) The marriage is voluntarily decided by men and women;
c) Do not lose civil act capacity;
d) The marriage does not fall into one of the cases where marriage is prohibited under the provisions of Points a, b, c and d, Clause 2, Article 5 of the Law, including:
- Fake marriage, fake divorce;
- Child marriage, forced marriage, deceiving marriages, obstructing marriages;
- A married person who is married or living together as a married couple with another person or unmarried, who is married or living together as a married couple with a married person;
- Marriage or cohabitation between people of direct bloodline; among those whose surname is within three generations; between foster parents and adopted children; between a foster parent and a foster child, a father-in-law with a daughter-in-law, a mother-in-law with son-in-law, step-father with stepchild of the wife, stepmother and stepchild;
The state does not recognize marriages between people of the same sex.
Article 9 of the 2014 Law on Marriage and Family states: Marriage must be registered and implemented by competent state agencies in accordance with the Law on Marriage and Family and the Law on Civil Status. Marriage that is not registered according to the regulations is not legally valid. A divorced couple who wants to re-establish their husband and wife relationship must register their marriage.
II. Procedures for marriage registration
Agencies competent to register marriages:
The commune-level People's Committee of the residence of either male or female shall register marriage.
Cases of marriage registration between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; between a Vietnamese citizen and a foreigner at the same time as a Vietnamese citizen or with a foreigner shall be implemented by the district-level People's Committee of the place of residence of the Vietnamese citizen.
In case a foreigner residing in Vietnam requires a marriage registration in Vietnam, the district-level People's Committee of the place of residence of either party shall effect the marriage registration. (Article 37 of the Law on civil status 2016
Documents to be prepared:
The applicant for marriage registration presents the following papers:
- Passport, identity card, citizen identification card or other papers with photo and personal information issued by the competent authority, still valid (hereinafter referred to as identification documents) for identity card.
- Proof of place of residence (Household registration book)
- In case of marriage registration at the People's Committee of the commune where the applicant for marriage registration does not reside in the commune, ward or township where the marriage is registered, a certificate of marital status issued by the Committee is required. Commune-level people have authority to grant.
- Marriage registration declaration (according to the form in Circular 15/2015 / TT-BTP)
When conducting the marriage registration, both male and female must be present in accordance with Article 18 of the Law on Civil Status 2014.
"first. The two partners shall submit a marriage registration form using the prescribed form to the civil status registration office and be present at the marriage registration.
2. Right after receiving the papers prescribed in Clause 1 of this Article, if deeming that they are eligible for marriage according to the provisions of the Marriage and Family Law, the judicial - civil status official shall record the marriage in the household register. President and the two men and women sign the civil status book. The two male and female partners sign the marriage certificate; judicial civil status officials shall report to the presidents of the commune-level People's Committees to organize the granting of marriage certificates to the male and female partners. "
Time limit for issuing marriage registration certificate:
A marriage certificate will be issued as soon as the judicial officer has received a complete and valid dossier and deems it is eligible to get married as prescribed.
In case it is necessary to verify the marriage conditions of both men and women, the time limit for settlement is no more than 05 working days.
For cases of marriage registration involving foreign elements, the procedures are more complicated and are clearly specified in Article 38 of the Law on Civil Status 2014 (guided by Articles 30, 31 and 32 of Decree 123/2015 / ND-CP. ). Foreigners and Vietnamese citizens residing overseas must submit additional documents proving marital status, copy of passport or valuable papers in lieu of passport.
If you have any questions, please contact Tran Hang Notary Office / Dai Viet Limited Law Firm for specific answers.
DAI VIET LAW CO., LTD-
TRAN HUNG NOTARY OFFICE
Address: No. 28 Lieu Giai Street - Ba Dinh - Hanoi
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
To be legally recognized as a couple, couples need to carry out the marriage registration procedure. This is the basic legal basis for later marriage issues: asset division, birth certificate for children ...
I. Conditions for marriage registration
Conditions for marriage registration are specified in Article 8 of the 2014 Law on Marriage and Family:
a) Male from full 20 years old or older, female from full 18 years old;
b) The marriage is voluntarily decided by men and women;
c) Do not lose civil act capacity;
d) The marriage does not fall into one of the cases where marriage is prohibited under the provisions of Points a, b, c and d, Clause 2, Article 5 of the Law, including:
- Fake marriage, fake divorce;
- Child marriage, forced marriage, deceiving marriages, obstructing marriages;
- A married person who is married or living together as a married couple with another person or unmarried, who is married or living together as a married couple with a married person;
- Marriage or cohabitation between people of direct bloodline; among those whose surname is within three generations; between foster parents and adopted children; between a foster parent and a foster child, a father-in-law with a daughter-in-law, a mother-in-law with son-in-law, step-father with stepchild of the wife, stepmother and stepchild;
The state does not recognize marriages between people of the same sex.
Article 9 of the 2014 Law on Marriage and Family states: Marriage must be registered and implemented by competent state agencies in accordance with the Law on Marriage and Family and the Law on Civil Status. Marriage that is not registered according to the regulations is not legally valid. A divorced couple who wants to re-establish their husband and wife relationship must register their marriage.
II. Procedures for marriage registration
Agencies competent to register marriages:
The commune-level People's Committee of the residence of either male or female shall register marriage.
Cases of marriage registration between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; between a Vietnamese citizen and a foreigner at the same time as a Vietnamese citizen or with a foreigner shall be implemented by the district-level People's Committee of the place of residence of the Vietnamese citizen.
In case a foreigner residing in Vietnam requires a marriage registration in Vietnam, the district-level People's Committee of the place of residence of either party shall effect the marriage registration. (Article 37 of the Law on civil status 2016
Documents to be prepared:
The applicant for marriage registration presents the following papers:
- Passport, identity card, citizen identification card or other papers with photo and personal information issued by the competent authority, still valid (hereinafter referred to as identification documents) for identity card.
- Proof of place of residence (Household registration book)
- In case of marriage registration at the People's Committee of the commune where the applicant for marriage registration does not reside in the commune, ward or township where the marriage is registered, a certificate of marital status issued by the Committee is required. Commune-level people have authority to grant.
- Marriage registration declaration (according to the form in Circular 15/2015 / TT-BTP)
When conducting the marriage registration, both male and female must be present in accordance with Article 18 of the Law on Civil Status 2014.
"first. The two partners shall submit a marriage registration form using the prescribed form to the civil status registration office and be present at the marriage registration.
2. Right after receiving the papers prescribed in Clause 1 of this Article, if deeming that they are eligible for marriage according to the provisions of the Marriage and Family Law, the judicial - civil status official shall record the marriage in the household register. President and the two men and women sign the civil status book. The two male and female partners sign the marriage certificate; judicial civil status officials shall report to the presidents of the commune-level People's Committees to organize the granting of marriage certificates to the male and female partners. "
Time limit for issuing marriage registration certificate:
A marriage certificate will be issued as soon as the judicial officer has received a complete and valid dossier and deems it is eligible to get married as prescribed.
In case it is necessary to verify the marriage conditions of both men and women, the time limit for settlement is no more than 05 working days.
For cases of marriage registration involving foreign elements, the procedures are more complicated and are clearly specified in Article 38 of the Law on Civil Status 2014 (guided by Articles 30, 31 and 32 of Decree 123/2015 / ND-CP. ). Foreigners and Vietnamese citizens residing overseas must submit additional documents proving marital status, copy of passport or valuable papers in lieu of passport.
If you have any questions, please contact Tran Hang Notary Office / Dai Viet Limited Law Firm for specific answers.
DAI VIET LAW CO., LTD-
TRAN HUNG NOTARY OFFICE
Address: No. 28 Lieu Giai Street - Ba Dinh - Hanoi
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
