If a natural child gets married to an adopted child, is this a marriage between relatives within three generations in Vietnam?

If a natural child gets married to an adopted child, is this a marriage between relatives within three generations in Vietnam?

Pursuant to Clause 2 Article 5 of the Law on Marriage and Family in 2014 stipulating prohibited acts in marriage as follows:

a/ Sham marriage or sham divorce;

b/ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

c/ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;

d/ Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;

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Pursuant to Clause 18 Article 3 of the Law on Marriage and Family in 2014 stipulating relatives within three generations as follows:

Relatives within three generations are people born of the same stock with parents constituting the first generation; full siblings, paternal half-siblings and maternal half-siblings constituting the second generation; and children of paternal aunts, maternal aunts, paternal uncles, maternal uncles constituting the third generation.

Pursuant to Article 8 of the Law on Marriage and Family in 2014 stipulating conditions for getting married 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.

As regulations above, if a natural child gets married to an adopted child, this is not a marriage between relatives within three generations. Therefore, you can get married to the adopted child of your parents as long as you satisfy above conditions for getting married in Vietnam.

Which authorities have competence to register marriage in Vietnam?

Pursuant to Article 17 of the Law on Civil Status in 2014 stipulating 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.

Pursuant to Article 18 of the Law on Civil Status in 2014 stipulating marriage registration procedures as follows:

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.

2. Immediately after receiving complete papers specified in Clause 1 of this Article, if seeing that the marriage conditions are fully met in accordance with the Law on Marriage and Family, the justice and 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 the marriage certificate; the justice and civil status officer shall report to the chairperson of the commune-level People's Committee to organize the handover of the marriage certificate to the couple.

In case of necessity to verify the marriage conditions of the male and female partners, the time limit for settlement is 5 working days.

As regulations above, as you are both Vietnamsese, commune-level People's Committees of the place of residence of either of you may register marriage in accordance with regulations on competence and procedures for marriage registration.

What are regulations on handling of ultra vires marriage registration in Vietnam?

Pursuant to Article 13 of the Law on Marriage and Family in 2014 stipulating regulations on handling of ultra vires marriage registration in Vietnam as follows:

For a marriage which is registered ultra vires, a competent state agency shall, upon request, withdraw and cancel the marriage certificate in accordance with the civil status law and request two partners to re-register their marriage with a competent state agency. In this case, the marriage relation shall be established on the date of the previous marriage registration.

As regulations above, for a marriage which is registered ultra vires, the marriage certificate shall be withdrawn and canceled. Two partners are requested to re-register their marriage with a competent state agency.

Best regards!