Do I need to register my marriage when I want to remarry my ex-wife in Vietnam?

Do I need to register my marriage when I want to remarry my ex-wife in Vietnam?

I have been divorced from my wife for 2 years. But now we want to remarry. May I ask if I want to remarry with my ex-wife, do I need to register my marriage? Looking forward to hearing from you soon. Thank you very much!

Reply:

According to Article 9 of the Law on Marriage and Family 2014 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.

As you said, you and your wife are divorced and now want to remarry. According to the above regulations in Vietnam, when you remarry, you and your wife must register your marriage. If the marriage is not registered, the marriage is not legally valid.

Marriage registration documents are as follows:

- Marriage registration declaration (according to the prescribed form);

- Identity card and household registration of the couple;

- In case a person resides in this commune, ward or township, but registers his marriage in another commune, ward or township, there must be a certification of the People's Committee of the commune, place of residence about the marital status of that person;

Note: The above-mentioned marital status confirmation can be confirmed directly on the marriage registration declaration form (according to the form) or by the certificate of marital status (according to the form).

- Extract from the people's court on divorce (because you and your wife have been divorced).

In addition, you need to note that when registering your marriage, you and your spouse need to be present at the registry office. When it is determined that you and your wife are voluntarily getting married, the representative of the Commune People's Committee will enter the marriage registration book and the marriage certificate, then both you and your spouse sign the marriage certificate and the marriage registration book. When you get married, the Chairman of the Commune People's Committee signs and issues two marriage registration papers to the two of you.

We hope that our advice will help solve your problems.

Which level of the People's Committee is competent to grant marriage registration certificates in case of remarriage in Vietnam?

Mr. T and Ms. H had previously registered for marriage (registration registration) together, then filed for divorce. After divorcing with Ms. H, Mr. T got married but did not carry out registration procedures, now divorced. After a period of divorce, Mr. T and Ms. H wanted to return to live together and went to the Commune People's Committee to request marriage registration. In this case, can the Commune People's Committee have right to issue a marriage certificate and what is the procedure? Posted By: Le Thi Huong

Reply:

According to the provisions of Clause 2, Article 9 of the Law on Marriage and Family 2014, in case a divorced husband and wife want to re-establish their husband and wife relationship, they must register their marriage. Thus, in the case of Mr. T and Ms. H, if the two meet the conditions for marriage, the competent authority will re-register the marriage for you.

About marriage registration procedures: Mr. T and Ms. H submit the application directly at the People's Committee of the commune where one of the male or female parties resides. Within 03 days from the date of receipt of all valid papers, if it is deemed that the two parties are eligible for marriage under the provisions of the Law on Marriage and Family, the commune-level People's Committees shall register the marriage for the two parties. In case verification is required, the above time limit may be extended for no more than 5 days.

When registering a marriage, both male and female parties must submit a declaration (according to the prescribed form) and present their identity card. In case a person resides in this commune, ward or township, but registers his marriage in another commune, ward or township, a certification from the People's Committee of the commune or place of residence about the marital status of the person is required. The above-mentioned marital status certification can be confirmed directly on the marriage registration declaration form (according to the form) or by the certificate of marital status (according to the form). Besides, because you have been divorced, you must present an extract of the legally effective judgment/Decision of the Court on the divorce.

For officers and soldiers working in the armed forces, the head of that person's unit shall certify his marital status.

When registering a marriage in Vietnam, both male and female parties must be present. The representative of the commune-level People's Committee asked the two parties to indicate their voluntary intention to get married. If both parties agree to get married, the Justice - Civil status officer shall record in the marriage registration book and the marriage certificate. The two sides of the man and woman sign the marriage certificate and the marriage registration book, the Chairman of the Commune People's Committee signs and grants to each spouse an original of the marriage certificate, explaining to the two parties the rights and obligations of husband and wife in accordance with the Law on Marriage and Family. A copy of the Marriage Certificate is issued at the request of the spouse.

Are there penalties for getting divorce and remarriage in Vietnam? 

My ex-husband and I have been divorced by the court since 2010. In the beginning of 2014, we felt that we could not live without each other, so we returned to live together as husband and wife, but we did not prepare marriage documents. Now that I want to get married again, will there be any penalty when registering and our marriage relationship will be counted from the date: the date of coming back to live together in early 2014 or counting from the date of marriage?

Reply:

According to Article 9 of the Law on Marriage and Family 2014 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.

According to this Article, the two of you have been divorced, so now they are not recognized as husband and wife and if you want to be recognized as husband and wife, you must register your marriage according to the above regulations. Currently, there is no regulation that punishes divorce and remarriage.

In addition, in Article 14 of the Law on Marriage and Family 2014 stipulates that for a man and woman who cohabit as husband and wife under Clause 1 of this Article and later register their marriage in accordance with law, their marriage relation shall be established from the time of marriage registration.

Thus, even though the two of you have been living together as husband and wife since the beginning of 2014, but now you have just registered your marriage, your marriage relationship will only be counted from the time of marriage registration in Vietnam, not from the date you both return together. 

Best Regards!