If one partner is absent, can another partner still register for marriage in Vietnam?

If one partner is absent, can another partner still register for marriage in Vietnam?

According to the provisions of the Law on Marriage and Family 2014, 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.

According to the provisions of Clause 1, Article 9 of the Law on Marriage and Family 2014, 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.

Note: A marriage that is not registered at a competent state agency has no legal value.

On the other hand, Clause 1, Article 18 of the 2014 Law on Civil Status has the following provisions:

Marriage registration procedures

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.

Thus: Pursuant to the regulations cited above, when registering a marriage, both male and female partners must submit a marriage registration declaration to the civil status registration agency and be present when registering the marriage. That means that when registering a marriage, one of the male and female partners cannot be absent in Vietnam.

Therefore: Both partners who want to register their marriage must be present at the civil status registration office at the time of marriage registration according to regulations in Vietnam.

If one partner is absent, can another partner still register for marriage in Vietnam? (Image from the Internet)

If I conscript in to the army, where can I register marriage?

Clause 1, Article 17 of the 2014 Law on Civil Status stipulates that Commune-level People's Committees of the place of residence of either of the male and female partners shall make marriage registration.

According to the Residence Law 2020, the residence of officers and soldiers of the People's Army and People's Police is determined as follows:

1. The place of residence of a person doing military service or serving for a limited period of time in the People's Public Security is the place where that person's unit is stationed.

2. Place of residence of officers, non-commissioned officers, professional soldiers, defense civil servants, and defense workers; officers, professional non-commissioned officers, officers, technical non-commissioned officers, workers, and public employees of the People's Public Security is the place where that person's unit is stationed, unless they have a place of residence as prescribed in Clause 1, Article 12 of this Law.

Marriage registration dossier: According to Clause 1, Article 18 of the 2014 Law on Civil Status, Article 10 of Decree 123/2015/ND-CP, the marriage registration dossier includes the following documents:

- Marriage registration declaration according to the form;

- Original certificate of marital status of both male and female partners. In your case, the Certificate of Marital Status is issued by the Head of the unit where the soldier is working.

Thus, assuming you are performing military service in Quang Ninh or other provinces, you can register your marriage in that province - where the unit is stationed. At that time, it is necessary to supplement the Certificate of Marital Status issued by the Head of the unit where you are worked.

Best regards!