Vietnam: In 2024, what are the places for marriage registration and the required documents for marriage registration? What is the time limit for settlement of marriage registration?
In 2024, what are the places for marriage registration and the required documents for marriage registration in Vietnam?
(1) Places for marriage registration:
For marriage without foreign elements:
Under the provisions of Clause 1, Article 17 Law on Civil Status 2014, the Commune-level People's Committees of the place of residence of either of the male and female partners shall make marriage registration.
For marriages involving foreign elements:
Under the provisions of Clause 1, Article 37 Law on Civil Status 2014, the district-level People's Committees of places of residence of Vietnamese citizens shall register marriages
+ between Vietnamese citizens and foreigners;
+ between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad;
+ between Vietnamese citizens residing abroad; and
+ between Vietnamese citizens who also have foreign citizenship and Vietnamese citizens or foreigners.
(2) The required documents for marriage registration in Vietnam:
For marriage without foreign elements:
Based on Law on Civil Status 2014, in case of marriage registration without foreign elements, the following documents are needed:
- An application form for marriage registration.
- Identity card, Citizen ID card, passport or other documents with photo and other personal information for man and a woman
- Certificate of marital status.
- The Court's legally effective divorce decision/judgment (if any).
For marriages involving foreign elements:
Under the provisions of Clause 1, Article 38 Law on Civil Status 2014, the required documents for registration of marriages involving foreign elements are:
- A declaration, made according to a set form, and a written certification of a competent Vietnamese or foreign health organization stating that he/she does not suffer any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts to the civil status registration authority.
- Foreigners and Vietnamese citizens residing abroad shall additionally submit documents proving their marital status and copies of their passports or valid passport substitute documents.
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In 2024, what are the conditions for getting married in Vietnam?
Under the provisions of Article 8 of Law on Marriage and Family 2014, the conditions for getting married in Vietnam are:
- The man is full 20 years or older, the woman is full 18 years or older;
- The marriage is voluntarily decided by the man and woman;
- The man and woman do not lose the civil act capacity;
- The marriage does not fall into one of the following cases:
+ Sham marriage or sham divorce;
+ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
+ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;
+ Getting married or cohabitating as husband and wife between people of the same direct bloodline; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;
Note: Currently, the State shall not recognize marriage between persons of the same sex.
What is the time limit for settlement of marriage registration in Vietnam during 2024?
For marriage without foreign elements:
Under the provisions of Clause 2, Article 18 Law on Civil Status 2014, immediately after receiving complete documents specified in Clause 1 of Article 18 Law on Civil Status 2014, if seeing that the marriage conditions are fully met by the Law on Marriage and Family, the justice and civil status officer shall record the marriage in the civil status book and together with the male and female partners sign in the civil status book. The male and female partners shall both sign the marriage certificate; the justice and civil status officer shall report to the chairperson of the commune-level People's Committee to organize the handover of the marriage certificate to the couple.
In case of necessity to verify the marriage conditions of the male and female partners, the time limit for settlement is 5 working days.
For marriages involving foreign elements:
- Under the provisions of Clause 2, Article 38 Law on Civil Status 2014, guided by Clause 1, Article 11 Circular 04/2020/TT-BTP as follows:
+ Within 15 days after receiving complete papers specified in Clause 1 of Article 38 Law on Civil Status 2014, civil status officers shall verify; if seeing that the law-prescribed marriage conditions are fully met, the district-level Justice Division shall report to the chairperson of the district-level People's Committee for settlement.
- Verification in marriage registration procedures according to the provisions of Clause 2, Article 38 Law on Civil Status 2014, Clause 1, Article 31 Decree 123/2015/ND-CP is done according to the following instructions:
+ Within 10 working days from the date of receipt of complete and valid documents, the Justice Department is responsible for researching and verifying the marriage registration documents. In case there is a complaint or denunciation that the marriage does not meet the conditions for getting married according to the provisions of the Law on Marriage and Family or there are issues to be clarified about the identity of parties or the documents in the application for marriage registration must be verified and clarified by the Justice Department in coordination with relevant authorities.
+ During the process of verifying documents, if necessary, the Justice Department works directly with the parties to clarify their identities, willingness to marry, and purpose of marriage.
- If the application is valid, the parties are eligible for marriage according to the provisions of the Law on Marriage and Family and are not in the case of marriage registration refusal as prescribed in Article 33, Decree 123/2015/ND-CP. The Justice Department reports to the Chairman of the District People's Committee to sign 02 original copies of the Marriage Certificate.
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