Can I register my marriage while on probation in Vietnam?

Can I register my marriage while on probation in Vietnam?

My boyfriend is serving a suspended sentence. Because we have been dating for a long time, both families want us to get married soon. So can we carry out the marriage registration procedure while my boyfriend is on probation? Please advise. Thank you.

Reply:

Conditions for marriage are specified in Article 8 of the 2014 Law on Marriage and Family, specifically:

1. A man and a woman wishing to marry each other must satisfy the following conditions:

a /The man is full 20 years or older, the woman is full 18 years or older;

b/ The marriage is voluntarily decided by the man and woman;

c/ The man and woman do not lose the civil act capacity;

d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

2. The State shall not recognize marriage between persons of the same sex.

Based on the above conditions and prohibited acts, there is no regulation that a person serving a prison sentence cannot get married.

So, in this case, even though your boyfriend is serving a criminal sentence, if you two meet the marriage conditions and do not commit prohibited acts in Vietnam, you will still be able to get married like any other citizen. You two are completely allowed to register your marriage at this time.

How long after the wedding do I have to register my marriage to avoid being fined in Vietnam?

My name is MT. My wedding day is 2 months away. I heard some friends say that after the wedding, I have to register my marriage or I will be fined. Is that correct? More specifically, please ask: How long after the wedding do I have to register my marriage to avoid being fined?

Reply:

In Article 9 of the Law on Marriage and Family 2014, there are regulations on marriage registration as follows:

1. A marriage shall be registered with a competent state agency in accordance with this Law and the law on civil status.

A marriage which is not registered under this Clause is legally invalid.

2. A divorced couple who wish to re-establish their husband and wife relation shall register their re-marriage.

Pursuant to the provisions of Article 8 of the 2014 Law on Marriage and Family, there are regulations on marriage conditions as follows:

1. A man and a woman wishing to marry each other must satisfy the following conditions:

a /The man is full 20 years or older, the woman is full 18 years or older;

b/ The marriage is voluntarily decided by the man and woman;

c/ The man and woman do not lose the civil act capacity;

d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

2. The State shall not recognize marriage between persons of the same sex.

Thus, the law does not have any regulations on how long after the wedding you must register your marriage, so the opinion that your friends say is not correct, your delay in completing the procedure or not completing the marriage registration procedure will not be penalized. However, registering marriage after the wedding is necessary to establish the husband and wife relationship, while holding the wedding ceremony is just a formality. To be recognized by law as husband and wife, you need to register your marriage in Vietnam.

Can I register my marriage without a household registration book in Vietnam?

Lawyer, let me ask, I am currently living and working in Ho Chi Minh City. My lover and I plan to return to our hometown (we are from the same hometown) to register our marriage and get married. But now my family has lost their household registration book and is waiting for it to be reissued. So can I register my marriage? Or do I have to wait until my family has a household registration book before registering my marriage?

Reply:

According to the provisions of Article 8 of the 2014 Law on Marriage and Family, men and women who marry each other must comply with the following conditions:

1. A man and a woman wishing to marry each other must satisfy the following conditions:

a /The man is full 20 years or older, the woman is full 18 years or older;

b/ The marriage is voluntarily decided by the man and woman;

c/ The man and woman do not lose the civil act capacity;

d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

2. The State shall not recognize marriage between persons of the same sex.

Men and women who meet the above marriage conditions are required to register their marriage and present one of the following documents: passport, identity card, citizen identification card or other document with photo and Personal information issued by a competent authority, still valid for use to prove identity and submit marriage registration documents at the Commune People's Committee Except for some cases such as foreign elements,...) to be resolved according to authority.

According to the provisions of Clause 2, Article 18 of Decree 123/2015/ND-CP, the marriage registration dossier includes the following documents:

2. Applicants for marriage registration shall present documents as prescribed in Clause 1 Article 2 hereof; or submit an application at the People’s Committee of commune in person. The application for marriage registration shall include:

a) Application forms for marriage registration using the form as prescribed; the two partners may fill out a single application form;

b) Documents issued by competent authorities of the neighbor country within 6 months until the date of receipt which prove that the partner being citizen of neighbor country is being single;

c) Copies of documents proving identity and permanent residence in the border area of the partner being citizen in neighbor country.

Thus, based on the above provisions in Vietnam, the law does not require presenting the household registration book when registering a marriage. That means, it is not necessary to have a household registration book for men and women to register for marriage.

Therefore, in case your family has lost their household registration book and is waiting for it to be reissued, you and your lover can still register your marriage if you meet all the marriage requirements (cited above) without having to wait until when you have a new household registration book in Vietnam.

Best regards!