Can I marry a person who is serving a prison sentence in Vietnam? Do I need to apply for a divorce judgment to remarry in Vietnam?

Can I request divorce if I have incorrect information in the marriage certificate in Vietnam?

The information about my husband's identity card number in the Marriage Certificate is wrong. Now, my husband and I want to divorce. So, does the wrong number of people's identity cards in the marriage certificate have any effect when going through divorce procedures?

Reply:

Documents to be submitted when applying for divorce:

+ Marriage registration certificate (original);

+ Identity card of husband and wife (certified copy);

+ Birth certificates of the children (if they have children in common, a certified copy);

+ Family registration book (certified copy);

+ Papers proving ownership of common property (if there is common property, a certified copy).

The above documents will be verified and verified by the competent divorce settlement agency.

If your husband has incorrect information that needs to be changed and rectified according to the provisions of the Civil Status Law 2014.

Pursuant to Clause 2, Article 7 of Decree 123/2015/ND-CP, conditions for changes and correction of civil status affairs are as follows:

2. Civil status correction prescribed in the Law on civil status means correction of personal information in vital records or originals of civil status documents which have been carried out only when there are substantial grounds to prove presence of mistakes at the civil status official’s faults or at the applicant’s faults.

According to the above decree, you and your wife can go to the People's Committee of the commune where the two of you have registered your marriage to carry out procedures to correct information on the marriage registration certificate in accordance with the law in Vietnam, specifically in Article 28 of Civil Status Law 2014.

Thus, when the information is correctly changed on the Marriage Registration Certificate, the divorce procedure will be carried out in accordance with the provisions of the Law on Marriage and Family 2014 and other relevant legal documents in Vietnam.

Here is the consultation.

Can I marry a person who is serving a prison sentence in Vietnam?

My boyfriend is currently serving a prison sentence. After many visits, we agreed to hold a wedding and this will motivate him to improve.

Reply:

Those who are serving prison sentences will have some civil rights restricted such as not being allowed to stand for election, the right to elect deputies to state power agencies, and not be allowed to participate in the establishment of businesses… However, The criminal law, as well as other specialized laws in Vietnam, has no provisions on deprivation of the right to marry a person who is serving a prison sentence.

Pursuant to Article 5 and Article 8 of the Law on Marriage and Family 2014, there are regulations on conditions and cases where marriage is prohibited, but getting married while serving a prison sentence is not included in this article. Therefore, in principle, a person who is serving a prison sentence is not prohibited from marrying.

However, based on Article 18 of the Law on Civil Status 2014 stipulating marriage registration procedures according to which:

1. The male and female partners shall submit the marriage registration declaration, made according to a set form to the civil status registration agency and must be both present at the time of marriage registration.

On the other hand, according to Clause 5, Article 3 of the Law on custody and temporary detention 2015, the specific cases of extraction are as follows:

5. Extraction means to take the persons held in temporary detention or custody out of the custody center within a definite time by the order or decision of the competent body or person to conduct the criminal proceedings, checkup, treatment, meeting, consular contact and exercise of other prescribed rights and obligations.

According to this Article, when extracting persons held in custody or temporary detention, the procedures shall be carried out in accordance with the Law on enforcement of custody and temporary detention 2015.

From this regulation, it can be seen that if your fiancé wants to register his marriage, it is very difficult but not impossible. Maybe according to the wishes of the two of you, the prison management agency where your fiancé is serving his sentence will issue an order to extract your fiancé so that he can go to the ward - where either of you resides, do other things. procedures to confirm marital status, declare marriage registration form, sign the marriage registration book and sign the marriage certificate... It can be seen that this is your legitimate aspiration and it If it is a humane story, it will certainly be supported by the authorities. Maybe in some cases, you will be privileged not to have to queue, will be given priority to sign papers and books in front of ward leaders, judicial officers and be granted a marriage certificate. You should submit your wishes to be considered and resolved.

Above is the content of our advice on the issue that you have questions about.

Do I need to apply for a divorce judgment to remarry in Vietnam? 

Can I ask for the marriage certificate, I have been married once and now I am remarried but I no longer keep the divorce judgment of the previous time, can I accept the marriage registration? If not, what should I do?

Reply:

Pursuant to Article 18 of the Law on Civil Status 2014 and Article 10 of Decree 123/2015/ND-CP, when registering a marriage, either spouse will make a marriage registration declaration at the People's Committee of the commune or ward where the marriage is registered. The other party must apply for a certificate of marital status where they reside. According to this Article, in case you have been married once and divorced, you need to reapply for a certificate of your marital status.

An application for a certificate of marital status specified in Article 22 of Decree 123/2015/ND-CP includes the following documents:

– Application form for a certificate of marital status

- In case the applicant for certificate of marital status had been married but he/she obtained divorce then or his/her spouse died, he/she must present or submit valid documents proving such status.

Within 3 working days, the People's Committee of the commune or ward will issue a certificate of marital status to you. In this case, the application for a certificate of marital status requires valid documents to prove it (here is a divorce judgment or a decision to recognize the agreement on divorce).

In case the judgment has been lost, the procedure for extracting a copy of the judgment can be carried out at the court where the trial is held because this is the right of the involved parties according to Clause 21, Article 70 of the 2015 Civil Procedure Code.

21. To be provided with extracts of Court judgments, judgments or decisions;

Since the extracting of judgments is not an administrative procedure, the request for extracts is based on the applicant's request. The petition must clearly state the personal information of the applicant for extracts, the role in the judgment or decision and the number of the judgment or decision. The dossier shall be submitted at the People's Court of the place of trial together with a certified true copy of the applicant's personal papers in Vietnam.

The time limit for settlement is not specified, but in practice it is usually 7 days.

Above is the content of our advice on the issue that you have questions about.

Best regards!