How long does it take for living in a temporary residence in Vietnam to register marriage? What is marriage registration in Vietnam with a foreigner?
How long does it take for living in a temporary residence in Vietnam to register marriage? What is marriage registration in Vietnam with a foreigner?
How long does it take for living in a temporary residence in Vietnam to register marriage?
In Article 17 of the 2014 Civil Status Law, there are regulations on competence to register marriage and contents of marriage certificates as follows:
1. Commune-level People's Committees of the place of residence of either of the male and female partners shall make marriage registration.
2. A marriage certificate must contain the following information:
a/ Family name, middle name and first name; birthdate; ethnicity; citizenship; place of residence; information about personal identity papers of male and female partners;
b/ Date of marriage registration;
c/ Signatures or fingerprints of male and female partners and certification of the civil status registration agency.
And the 2020 Residence Law stipulates: “residence” refers to a citizen’s state of living at a location in a commune-level administrative unit or a district-level administrative unit where there is no commune-level administrative unit (hereinafter collectively referred to as “commune-level administrative unit”).
According to the above regulations, the 2014 Civil Status Law stipulates that as long as you register temporary residence, you will be able to register your marriage at the temporary residence. The Law does not have regulations on the temporary residence period to register a marriage in Vietnam.
How long does it take for living in a temporary residence in Vietnam to register marriage? What is marriage registration in Vietnam with a foreigner? (Image from the Internet)
What is marriage registration in Vietnam with a foreigner?
* First of all, marriage with a foreigner must ensure the conditions specified in Article 126 of the Law on Marriage and Family 2014 as follows:
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.
2. Marriages between foreigners permanently residing in Vietnam at competent Vietnamese agencies must comply with this Law’s provisions on marriage conditions.
* Authority to register marriage
According to the information you provided, you want to register your marriage with your foreign girlfriend in Vietnam, so go to the People's Committee of the district where you reside to complete the procedures.
* Marriage registration documents
Legal basis: Clause 1, Article 38 of the 2014 Civil Status Law and Article 30 of Decree 123/2015/ND-CP .
- Marriage registration declaration (2 people can file one declaration together);
- Documents proving marital status:
+ a document which is issued by a foreign competent authority, remains valid, and certifies that the holder is being single. If the foreign country does not issue a document certifying marital status, an equivalent document issued by the foreign competent authority certifying the holder’s eligibility for marriage as prescribed in law of such country is required.
+ If the document certifying marital status of a foreigner has an indefinite term, such document and the certificate issued by the health facility as prescribed in Clause 1 Article 38 of the Law on civil status shall only remain valid in 6 months from the date of issue.
- A certificate from a competent Vietnamese or foreign medical organization certifying that the person does not have a mental illness or another illness that prevents him/her from being able to perceive and control his/her behavior for the registration agency (Health certificate for marriage to a foreigner).
- Copy of passport or valid document in lieu of passport.
Note: In addition to the above documents, if the partner being Vietnamese citizen obtained divorce or granted marriage annulment at a the foreign competent authority, he/she shall also submit a copy of vital records about such divorce or marriage annulment as prescribed in Clause 2 Article 36 of this Decree; or if the partner being Vietnamese citizen is an official/public employee or an armed force official, he/she shall also submit a document issued by the authority certifying that his/her marriage to the foreigner is conformable with regulations of such sector.
* Procedures
- Submit;
- Within 15 days after receiving complete papers specified in Clause 1 of this Article, 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.
- Upon marriage registration, both male and female partners must be present at the head office of the People's Committee, the civil status officer shall ask for opinions of the male and female partners. If seeing that they voluntarily marry each other, the 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 in the marriage certificate.
The chairperson of the district-level People's Committee shall hand the marriage certificate to the couple.
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