What documents are needed for procedures of marriage registration at commune-level People's Committee in Vietnam?

What documents are needed for procedures of marriage registration at commune-level People's Committee in Vietnam?

Pursuant to Article 10 of the Decree 123/2015/NĐ-CP stipulating documents submitted and presented when registering marriage as follows:

Documents to be submitted and presented upon marriage registration

An applicant for marriage registration at the People’s Committee of commune shall submit documents as prescribed in Clause 1 Article 2 of this Decree, Clause 1 Article 18 of the Law on civil status; and an applicant for marriage registration at the People’s Committee of district shall submit documents as prescribed in Clause 1 Article 38 of the Law on civil status and submit the original of certificate of marital status as prescribed as follows:

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

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.

As regulations above, documents are needed for procedures of marriage registration at commune-level People's Committee in Vietnam are as follows:

- Identification documents to prove identity, such as a valid ID card/passport;

- A marriage registration form in the prescribed form, with complete information for both parties;

- The original copy of the Certificate of Marital Status.

What content are included in the marriage certificates 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:

Competence to register marriage and contents of marriage certificates

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.

As regulations above, a marriage certificate must contain the following information:

- Family name, middle name and first name; birthdate; ethnicity; citizenship; place of residence; information about personal identity papers of male and female partners;

- Date of marriage registration;

- Signatures or fingerprints of male and female partners and certification of the civil status registration agency.

What are cases of illegal marriage in Vietnam?

Pursuant to Clause 6 Article 3 of the Law on Marriage and Family in 2014 stipulating illegal marriage as follows:

Interpretation of terms

In this Law, the terms below are construed as follows:

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6. Illegal marriage means a man and a woman’s marriage already registered at a competent state agency in which either or both of them violate(s) the marriage conditions prescribed in Article 8 of this Law.

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

Conditions for getting married

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, a man and a woman wishing to marry each other must satisfy the following conditions:

- The man is full 20 years or older, the woman is full 18 years or older;

- The marriage is voluntarily decided by the man and woman;

- The man and woman do not lose the civil act capacity;

- The marriage does not fall into one of the following cases:

+ Sham marriage or sham divorce;

+ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

+ 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;

+ 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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