20/03/2023 15:06

Marriage registration at overseas Vietnamese diplomatic missions and consular offices

Marriage registration at overseas Vietnamese diplomatic missions and consular offices

I am a Vietnamese citizen living in the Netherlands. I want to register my marriage abroad; at which agency should I submit the application for marriage registration? Yen Xuan – Ha Tinh, Vietnam

The following article will provide legal information for marriage registration for Vietnamese citizens applying for marriage registration while residing abroad.

1. Submission and receipt of application for civil status registration in Vietnam

Pursuant to Article 3 of Decree 123/2015/ND-CP on guidelines for law on civil status, the submission and receipt of application for civil status registration:

- An applicant for marriage registration, recognition of parent-child relationship, or marriage re-registration may submit a relevant application at the Registry of civil status (hereinafter referred to as Registry) in person; an applicant for other civil status affairs may submit a relevant application to the Registry in person, by pose or online.

- The application for civil status registration shall be made in 1 copy.

- The receiving person shall verify if documents are appropriate to the application form and they are all valid; in case of insufficient application, the applicant is required complete the application.

In case of sufficient and satisfactory application, the receiving person shall make a receipt note specifying an appointment to give processing results.

If the applicant submits copies issued from the master register or certified from originals, the receiving person may not require the presentation of the originals; if the applicant submits copies and present their originals, the receiving person shall collate them and bear signatures in the copies to certify that these documents have been collated.

If specific documents to be presented are prescribed by law, the receiving person may not require any other copies of these documents.

- If an applicant who submits an application by post and wishes to receive processing results by post and is not exempt from fees and charges for giving processing results by post, he/she shall also pay an amount of civil status registration charge or civil status copy issuance charge. The receiving person shall specify the method of giving processing results in the receipt note.

The method of giving processing results by post shall apply to applications for recording civil status affairs that are processed by foreign competent authorities, including birth registration; marriage; guardianship; recognition of parent-child relationship; identification of parent-child relationship; adoption; civil status change; death registration; divorce; unlawful marriage annulment; and applications for issuance of civil status copies as prescribed in Article 63 of the Law on civil status.

- If an application for civil status registration is subject to verification as prescribed in the Law on civil status 2014 and Decree 123/2015/ND-CP, the time for submitting the application and receiving processing results shall not be included in the time limit for processing such application.

2. Instruction on marriage registration at a representative agency

The registration of marriage between a Vietnamese citizen and a foreigner must comply with the law of the host country.

For example, Article 6 of the Chinese Marriage Law stipulates: "Men must be at least 22 years old and women must be at least 20 years old to be of legal age to register for marriage".

Unlike the age regulation in Vietnam for men from the age of 20, when a Vietnamese woman marries a Chinese man, she must also follow the age rule of the host country.

Article 126 of the Law on Marriage and Family provides the following:

Article 126. Marriage involving foreign elements

1. For marriages between Vietnamese citizens and foreigners, each party shall comply with his/her country’s law on marriage conditions; if their marriage is conducted at a competent Vietnamese state agency, the foreigner shall also comply with this Law’s provisions on marriage conditions.

3. What documents are required for marriage registration in Vietnam?

Pursuant to Article 7 of Joint Circular 02/2016/TTLT-BNG-BTP guiding on the registration and management of civil status by overseas Vietnamese diplomatic missions and consular offices, specifically:

- The marriage registration form (using the regulated form); both male and female partners may submit the one marriage registration form;

- If marital partner(s) is/are Vietnamese citizens, subject to each specific case, following documents proving their marital status must be submitted:

+ If a Vietnamese citizen has permanently resided in Vietnam and was of marriageable age before leaving Vietnam as referred to by regulations of the Law on marriage and family of Vietnam, he/she must submit a marital status certificate issued by the people’s committee of commune/ward/district-level town (hereinafter referred to as communal-level people’s committee) where he/she has resided before leaving Vietnam.

+ If a Vietnamese citizen has resided in several countries, marital status certificates issued by representative missions in consular regions where he/she resided must be supplemented. If a person can not apply for marital status certificates issued by competent authorities in regions where he/she has resided, he/she must submit a written commitment on his/her marital status during his/her residence in those regions and shall assume responsibility for his/her committed contents.

That commitment must include duration, identity paper, locations where he/she has resided and his/her marital status.

E.g.: I, Nguyễn Văn A, holder of passport No……….., residing at……………, do undertake that during my residence at………………………….., from……………..to………………, and at………………………….., from……………..to………………, I have not yet got married. I shall assume responsibility under the law of Vietnam for my committed contents.

+ If a Vietnamese citizen concurrently holds a foreign nationality, document proving his/her marital status issued by a competent authority of the country of which he/she holds nationality must be submitted.

+ If a Vietnamese citizen residing abroad does not concurrently hold a foreign nationality or a Vietnamese citizen concurrently holds a foreign nationality but permanently resides in a third country, document proving his/her marital status issued by a competent authority of the country in which he/she permanently resides must be submitted;

+ If a Vietnamese citizen has got a divorce or has his/her marriage dissolved at an competent authority abroad, the copy of civil status extract regarding the recording of divorce or dissolution of marriage in the civil status registers (extract of divorce note) shall be submitted;

- The male or female partner who is a foreigner must submit document proving his/her marital status to certify that he/she is currently single.

If the issuance of document proving marital status is not governed by the law of a foreign country, it shall be replaced by a document issued by a competent authority of that country to certify that the person concerned is eligible to get married in accordance with the law of that country.

The document proving marital status of a foreigner shall be valid upon its expiration date. If a document proving marital status of a foreigner does not include an expiration date, it shall be valid within 06 months as of the issued date;

- If a Vietnamese citizen temporarily residing abroad gets married to a Vietnamese citizen permanently residing abroad or two Vietnamese citizens permanently residing abroad get married or a Vietnamese citizen gets married to a foreigner, both male and female partners must submit certificates granted by competent Vietnamese or overseas health organizations within 06 months to certify that they do not get metal illness or another disease that cause them lose their awareness or control of their behavior.

- Within 10 working days from the receipt o valid application dossiers, the consul shall check and verify the received application dossiers, and take reasonable measures to verify them, where necessary. If the application dossiers are sufficient and valid, and the verification results show that both partners of the marriage are eligible to get married in accordance with the law regulations, the consul shall request the representative mission’s head to sign 02 original copies of marriage certificate.

- Within 03 working days from the date on which the marriage certificate is signed by the representative mission’s head, the representative mission shall deliver the signed marriage certificate to both male and female partners.

When carrying out the registration of marriage, both male and female partners must be present at the representative mission's head office. The consul shall record the marriage in the marriage register after confirming that the male and female partners are voluntary to get married; instruct them to sign the marriage certificate, and together with them affix signature to the marriage register. Each of the husband and wife shall receive an original copy of marriage certificate. Extract of marriage certificate (duplicate) shall be issued as requested.

- In case either one of male and female partners cannot be present to receive marriage certificate as informed by the representative mission, he/she must make a written request for extension of period for delivery of marriage certificate. That extension shall not exceed 60 days from the date on which the marriage certificate is signed by the representative mission’s head.

Ending 60 days but both male and female partners are not present to receive their marriage certificate, the consul shall request the representative mission’s head to cancel the signed marriage certificate.

The male and female partners who want to get married after that cancellation of marriage certificate must re-carry out procedures for marriage registration.

In addition, Vietnamese citizens who register their marriages and are temporarily residing abroad at diplomatic missions or consular missions must pay the following fees: 70 USD/copy as prescribed in Appendix 1 of the fee schedule in the field of diplomacy (issued together with Circular 264/2016/TT-BTC of the Minister of Finance).

Nguyen Ngoc Tram
287


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