Marriage procedures in Vietnam

Marriage procedures in Vietnam. When it comes to love and marriage, each country’s marriage procedures have unique characteristics that reflect both the country’s culture and laws.

In Vietnam, marriage is not only a contract of love, but also a connection between two families, two classes, and two people with common goals and responsibilities . Marriage procedures in Vietnam not only involve two people deciding to live under the same roof, but also require compliance with laws and regulations, respect for family traditions and society .

Currently, marriage procedures in Vietnam are being adjusted to reflect changes in people’s mindsets and lifestyles. To get an overview of marriage procedures in Vietnam, learn about the process, necessary steps, and points to note to achieve family happiness.

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Latest marriage registration conditions

According to Article 3, Section 13 of the Marriage and Family Law 2014, the period of marriage refers to the duration of the marital relationship, counting from the date of marriage registration to the date of dissolution of marriage. At the same time, the relationship between husband and wife is only established when both parties submit marriage registration.

Therefore, when filing a marriage registration, both the man and the woman must meet a number of conditions listed in Article 8 of the Marriage and Family Act 2014, including :

– Men from 20 years of age and women from 18 years of age.

– Marriage is a voluntary decision made by both parties.

–The parties do not lose their civil capacity.

This does not apply to cases where marriages such as sham marriages are prohibited. Children’s marriage. Forced marriage. Married to another person, or married within 3 generations …

Special : The marriage must be registered and performed by the competent state agency. Without registration, it has no legal value .

Where can I get a marriage license?

When creating a marriage registration certificate, the parties must go to the People’s Committee at the district or commune level. Specifically :

where Vietnamese nationals reside shall register marriages with foreign elements. Specifically, it is as follows.

+ Between Vietnamese citizens and foreigners.

+ Between Vietnamese nationals residing in the country and Vietnamese nationals residing abroad. Vietnamese people living overseas.

+ Between a Vietnamese national who also holds foreign nationality and a Vietnamese national or foreigner.

where one of the parties resides shall register marriages that do not include foreign elements.

2014 Civil Law Articles 17 and 37 )

What do I need to get a marriage license?

When applying for a marriage certificate (creating a marriage certificate), both parties must prepare the following documents :

* Marriage registration without foreign elements

If you are applying for a marriage license, you will need the following documents :

– Marriage registration declaration with sufficient information for both the male and female sides. Both a man and a woman can declare jointly in the Marriage Registration Declaration (if the applicant chooses to submit the application directly) .

– The person filing the marriage registration must submit / present (in person) or upload (online form) the following documents :

*Documents to be submitted :

The original marriage certificate is issued by the People’s Committee of the competent municipality in order to carry out the marriage registration procedure if the marriage registration applicant has not registered permanent residence with the municipality, district or town .

*Documents to be submitted :

+ Passport, national identity card, national identity card or other paper with a photo and personal information issued by the competent authority. It can still be used to prove the identity of a lover’s marriage registration applicant .

+ Proof of residence .

+ Extract divorce notifications when Vietnamese nationals register their permanent residence in a commune to carry out marriage registration procedures and a previous divorce or annulment of marriage has been resolved by the competent authority 

Registration including foreign elements

If you are applying for a marriage license, you will need the following documents :

– Marriage registration declaration with sufficient information for both the male and female sides. Both a man and a woman can declare jointly in the Marriage Registration Declaration (if the applicant chooses to submit the application directly) .

– The person filing the marriage registration must submit / present (in person) or upload (online form) the following documents :

*Documents to be submitted :

+ A certificate from a competent medical institution in Vietnam or abroad certifying that the married person does not suffer from mental illness or other diseases that do not allow him to recognize and control his own actions .

+ Documents certifying the alien’s marital status issued by the competent authority of the country of the alien’s nationality remain valid and prove that the alien is currently unmarried or without a husband. If a foreign country does not issue a marriage status certificate, it shall be replaced by a document issued by the foreign competent authority certifying that the person is eligible for marriage under the laws of that country .

The useful value of a document certifying the marital status of a foreigner is determined according to the period stated on the document. If the document proving marital status does not have an expiration date, this document and the medical certificate are valid for 6 months from the date of issue .

+ Foreigners and Vietnamese nationals residing abroad must submit a copy of their passport / passport replacement document .

+ Certificate certifying the marital status of Vietnamese nationals residing in the country. Marital status information emailed If it already exists in the database NVDC , you can present it ( in direct form ) or ( online No need to upload ( form ) .

*In addition to the above documents, depending on the case, both male and female applicants may be required to submit the following documents .

– Vietnamese nationals who have divorced or annuled their marriage in a competent foreign institution must submit a copy of their civil identity document for illegal divorce or marriage annulment recorded in the book .

– Vietnamese nationals serving in the civil service, civil service, or military must submit a document from a governing body or military unit certifying that their marriage with a foreigner is not contrary to the regulations of their branch .

– If the marriage registration applicant is working, studying or working for a fixed period abroad, he or she must submit a certificate of marital status issued by the diplomatic mission or consulate of that country .

*Documents to be submitted :

+ A passport, national identity card, national identification card or other paper with a photo and personal information issued by the competent authority that remains valid to prove the identity of Vietnamese citizens. men .

+ Foreigners must present their original passport to prove their identity. If a foreigner cannot present a passport, they can present an international travel document or residence card .

+ Documents proving residence to determine marriage registration authority. If the information regarding proof of residence documents is already on file with the National Park Service, it will be automatically filled in and there is no need to present it (in person) or upload it (on the online form) .

( Decision 2228/QD-BTP dated November 14 , 2022 )

Steps to create an updated marriage certificate

* Steps to create a marriage certificate without foreign elements :

– Step 1: Both the man and the woman submit the marriage registration form and the documents in item 2 to the identity registry office and are present during the marriage registration .

– Step 2: Immediately after receiving all the documents, if the civil judicial officer determines that the marriage is eligible according to the provisions of the Marriage and Family Law, the civil judicial officer shall record the marriage in the civil register together with the two parties . , the woman signs the civil register .

Both the male and female parties sign the marriage certificate. Judicial and civil servants must report to the chairman of the commune-level People’s Committee to organize the issuance of marriage certificates to both men and women .

If it is necessary to confirm the terms of the marriage of both parties, the deadline for settlement should not exceed 5 working days .

( Article 18 of the Civil Code of 2014 )

*Steps to create a marriage certificate that includes foreign elements :

– Step 1: The male and female parties submit a declaration according to the form and a written certification from a competent medical institution in Vietnam or abroad certifying that the person does not have mental illness or other diseases. I will submit the document. Control of the actions of civil registrars .

Foreigners and Vietnamese nationals residing abroad must submit additional documents proving their marital status, a copy of their passport, or a valid document in place of their passport .

– Step 2: Within 15 days from the date of receipt of the complete documents , the civil servant shall be responsible for confirming the eligibility for marriage in accordance with the provisions of law, and the Judiciary Department shall report to the People’s President. In the Republic of China, the chairman of the People’s Committee at the district level will resolve the matter .

– Step 3: When filing a marriage registration, both the man and woman must attend the People’s Committee headquarters, the civil officer will consult with the male and female parties, record the marriage in the civil register, and both the man and woman will sign do. It’s in the civil record. Both the male and female parties sign the marriage certificate .

The chairman of the district-level People’s Committee will present the marriage certificate to the male and female parties .

( Article 38 of the Civil Code 2014 )

How many marriage certificates are there?

Article 18, Paragraph 3 of the Law on Civil Status 2014, each spouse will be given 01 original marriage certificates ( marriage registration certificates).

Therefore, the marriage registration will be in copy 02.

How much does marriage registration cost?

If a Vietnamese citizen residing in Vietnam submits a marriage registration, the marriage registration fee will be waived according to Article 11 of the Civil Law. ( Previously, this fee was regulated to a maximum of 30,000 VND ) .

The remaining cases under Article 3 of Circular 85/2019 will be decided by the Provincial People’s Council .

How long does it take to obtain a marriage license?

The marriage certificate will be issued immediately after the judicial officer receives the complete and valid documents and considers the person eligible for marriage according to the regulations (based on Article 18 of Decree 123/2015/ ND – CP ) .

If the conditions for marriage are met, Article 18 of the Civil Status Act 2014 specifies that a judicial officer will record the marriage in the civil register. Both men and women sign identity documents and marriage registration certificates .

At the same time, both the man and the woman sign the marriage registration and marriage registration form. The judicial officer then reports to the chairman of the commune-level People’s Committee to hand over the marriage certificate to both parties .

If it is necessary to further confirm the terms of the marriage on both sides, the deadline for issuing the marriage certificate should not exceed 5 working days.

Therefore, it can be seen that the deadline for issuing a marriage registration certificate is immediately after both parties are deemed eligible for marriage and the marriage registration certificate is issued by the People’s Committee of the jurisdiction where the marriage is to be registered .

32 of Decree 123, especially in the case of foreign elements , the granting of the marriage registration certificate shall take place within three working days from the date of signature .

Special : If both parties are unable to attend to receive the marriage registration certificate within 60 days from the date of signing , this certificate will be cancelled. If both parties still want to get married, they will have to start all over again .

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Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !

Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Luật Quốc Bảo .

Please contact hotline /zalo : 0763387788 .

Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City

Facebook fan page : https://www.facebook.com