What are the Methods for Submitting Marriage Registration Applications Involving Foreign Elements in Border Areas at the Commune Level in 2023?
What are the methods for submitting marriage registration applications involving foreign elements at the border areas at the commune level in 2023?
Based on Section 10, Part B of the Appendix issued with Decision 528/QD-BTP in 2023, it is specified:
Submission of marriage registration applications: there are 02 methods
- Submit the application directly: submit the marriage registration application at the One-Stop Division of the competent Commune People's Committee; pay the fee if required.
- Submit the application online: access the National Public Service Portal or the Provincial Public Service Portal, register an account, authenticate the user according to the instructions, log into the system, and identify the competent Commune People's Committee.
+ Provide information according to the interactive electronic form for marriage registration (provided on the Public Service Portal), attach scanned copies or electronic copies of documents as prescribed; pay fees through online payment functionalities or other lawful means and complete the application submission.
What are the methods for submitting marriage registration applications involving foreign elements at the border areas at the commune level in 2023?
What are the conditions for carrying out marriage registration procedures involving foreign elements at the border areas?
Based on Article 8 of the Law on Marriage and Family 2014, Clause 1, Article 18 of Decree 123/2015/ND-CP, the conditions for marriage registration involving foreign elements at the border areas (KVBG) include:
- Vietnamese citizens permanently residing in the commune area at the border areas register marriage with citizens of neighboring countries residing at an administrative unit equivalent to the commune level of Vietnam adjacent to the commune area at the border areas of Vietnam where the Vietnamese citizens permanently reside.
- Men are at least 20 years old, and women are at least 18 years old.
- The marriage is voluntarily decided by both men and women.
- Not losing civil act capacity.
- The marriage is not in one of the prohibited cases:
+ Sham marriages.
+ Early marriage, forced marriage, etc.
+ Marrying or living as husband and wife with another person while still having a legal spouse or marrying or living as husband and wife with someone else's spouse.
+ Marriages between people related by direct bloodline; relatives within three generations; between adoptive parents and adopted children; between adoptive parents with adopted children, father-in-law with daughter-in-law, mother-in-law with son-in-law, stepfather with stepdaughter, stepmother with stepson.
*Note: The state does not recognize same-sex marriages.
How are the procedures for marriage registration involving foreign elements at the border areas at the commune level carried out in 2023?
Based on Part B of Appendix issued with Decision 528/QD-BTP in 2023, the procedures for marriage registration involving foreign elements at the border areas at the commune level in 2023 are as follows:
- The receiving officer at the One-Stop Division is responsible for checking the accuracy, completeness, consistency, and legality of the application.
(i) If the application is complete and valid, the application is received. A Receipt Note and result notification are issued to the requester (for direct submission) or immediately sent via email or SMS to the requester (for online submission); the application is transferred to the competent registrar for processing.
- After receiving the directly submitted application, the receiving officer at the One-Stop Division digitizes and digitally signs the documents and resolved administrative procedures that have been digitized as prescribed.
(ii) If the application is incomplete or invalid, a notice is given to the requester specifying the required additional documents for supplementation and completion. Once supplemented, step (i) is repeated.
(iii) If the application cannot be supplemented or completed, the head of the One-Stop Division is reported and a notice of refusal to process the marriage registration request is issued.
- Justice-Registrar's officer reviews the application (reviews consistency, legality of the information in the application, etc.)
+ If the application needs supplementation or completion or does not meet the conditions for resolution and must be refused, a notice about the application status is sent to the One-Stop Division for notification to the applicant – step (ii) or (iii) is performed again.
+ If inspection, verification for clarification, or other reasons cause a delay in the result notification, the registrar drafts an apology and reschedule notice, clearly stating the reason for the delay and the new timeline, which is sent to the One-Stop Division for forwarding to the requester (if they chose direct submission) or via email/SMS (for online submission).
+ If the application is complete and valid, with all parties meeting the marriage conditions under the Law on Marriage and Family, and not in cases warranting refusal, for direct submission, the Justice-Registrar officer records the information in the Marriage Registration Book, updates the marriage registration information, and officially archives it in the Universal Electronic Civil Status Registration and Management Software.
- For online submission, the Justice-Registrar officer sends back the electronic Marriage Certification form with all information to the requester via email or digital device.
+ The requester checks the accuracy and completeness of the information on the electronic Marriage Certification form and confirms (within one day).
+ If the requester confirms that the information is consistent and complete or does not respond within the stipulated time, the Justice-Registrar officer records the information in the Marriage Registration Book, updates the marriage registration information, and officially archives it in the Universal Electronic Civil Status Registration and Management Software.
- The Justice-Registrar officer prints the Marriage Certification, submits it to the leaders of the Commune People's Committee for signature, and transfers it to the One-Stop Division for delivery to the requester.
- The marriage registration requester (both parties must be present, presenting identification documents for verification) checks the information on the Marriage Certification and the Marriage Registration Book, confirms their voluntary marriage, and signs the Marriage Registration Book, signs the Marriage Certification, and each party receives one original Marriage Certification.
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