Is it compulsory to submit documents proving residence when registering marriage in Vietnam?

Is it compulsory to submit documents proving residence when registering marriage in Vietnam? - Question from Ha Anh (Khanh Hoa).

Is it compulsory to submit documents proving residence when registering marriage in Vietnam?

Pursuant to Clause 1 Article 2 of the Decree 123/2015/NĐ-CP stipulating as follows:

Regulations on presentation/submission of applications for civil status registration, issuance of copies of civil status documents

1. An applicant for civil status registration or issuance of copies of civil status documents shall present the original of one of the following documents: passport, ID card, or another document containing photo and personal information that has been issued by a competent authority and remaining valid (hereinafter referred to as identity paper) for the identity verification purpose.

In the transitional stage, the applicant for civil status registration shall present documents proving his/her place of residence.

...

Pursuant to Clause 2 Article 13 of the Decree 104/2022/NĐ-CP stipulating as follows:

Annulling, replacing a number of phrases specified in the decrees

...

2. Annul the phrase "during the transitional period, applicants for registration of vital records must present documents proving their residence" in Clause 1, Article 2 of Decree No. 123/2015/ND-CP dated November 15 2015 on elaboration and guidelines for the Law on Civil Status.

Pursuant to Clause 1 Article 3 of the Law on Civil Status 2014 stipulating contents of civil status registration as follwos:

Contents of civil status registration

1. Certifying in the civil status book the following civil status events:

a/ Birth;

b/ Marriage;

c/ Guardianship;

d/ Parent and child recognition;

dd/ Civil status change and correction; ethnicity re-determination, civil status information addition;

e/ Death.

...

As regulations above, marriage is a content of civil status registration. Therefore, it is not compulsory to submit documents proving residence when registering marriage in Vietnam.

What are compulsory documents for marriage registration in Vietnam?

Pursuant to Article 18 of the Decree 123/2015/NĐ-CP stipulating marriage registration as follows:

Marriage registration

1. The People’s Committee of commune in border areas shall grant marriage registration for a couple that a partner is a Vietnamese citizen permanently residing in such commune and the other partner is a citizen of a neighbor country at the administrative division which is equivalent to commune level in Vietnam and contiguous to the commune in border area of Vietnam where the Vietnamese citizen resides.

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.

3. Within 3 working days from the date on which a satisfactory application is received, the civil status official shall verify such application send it to the President of People’s Committee for decision. In case of necessity to verify, the processing time limit is 8 working days.

If both partners are eligible for marriage as prescribed in the Law on marriage and family, the President of People’s Committee of commune shall sign the marriage license, the civil status official shall then document such marriage to the vital records, and both partners shall bear their signatures and full names in the vital records and the marriage license; each spouse shall be issued with one original of the marriage license.

As regulations above, the application for marriage registration shall include:

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

- 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;

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

What are regulations on marriage registration application form in Vietnam?

Pursuant to the Circular 04/2020/TT-BTP stipulating marriage registration application form in Vietnam as follows:

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

MARRIAGE REGISTRATION

To: (3) ............................................................................ ................................. ..

Information

Female

Male

Last name, middle name, first name

   

Date of birth

   

Nation

   

Nationality

   

Residence (4)

   

Identity papers (5)

   
Times of marriage    

We hereby certify that the above statements are true, our marriage is voluntary and does not violate the provisions of the Law on Marriage and Family of Vietnam.

We take full responsibility before the law for the content of our commitments.

Your sincerely,

...........................………., date ....... month ....... year............…

 

Female

(Signature, write full name, middle name, first name)

..............................

Male

(Signature, write full name, middle name, first name)

..............................

Request for a copy (6) : Yes , No

Quantity:…….copy

 

Note:

(1) (2) If the marriage registration procedure involves a foreign element, a photo of both the male and female parties must be pasted.

(3) Specify the name of the marriage registration agency.

(4) Write according to the place of permanent residence registration, if there is no place of permanent residence, write according to the place of temporary residence registration; In case there is no registered place of permanent residence and place of temporary residence registration, write according to the place where you are currently living.

(5) Write information about identification papers such as passports, identity cards or alternative valid papers (for example, ID card number 001089123 issued by Hanoi City Police on October 20/ 1982).

(6) Please mark an X in the box if a copy is required and specify the quantity.

Best regards!

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