Will handling of ultra vires marriage registration fall under the authority of commune-level People's Committees in Vietnam?

Will handling of ultra vires marriage registration fall under the authority of commune-level People's Committees in Vietnam?

Pursuant to the provisions of Article 13 of the Law on Marriage and Family 2014:

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.

In detail, regarding the handling competence, Point e Clause 1 Article 69 and Point h Clause 1 Article 70 of the Law on Civil Status 2014 determine:

Article 69. Responsibilities of People's Committees of provinces and centrally run cities

1. People's Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) shall perform the state management of civil status in localities, having the following tasks and powers:

e/ To revoke and cancel civil status papers granted by district-level People’s Committees in violation of this Law, except cases of illegal marriage;

Article 70. Responsibilities of district-level People's Committees

1. District-level People’s Committees shall perform the state management of civil status in localities, having the following tasks and powers:

h/ To revoke and cancel civil status papers granted by commune-level People’s Committees in violation of this Law, except cases of illegal marriage;

Thus, according to the above provisions in Vietnam, only the superior People's Committee has the right to revoke or cancel the marriage certificate that is not within the competence of the lower People's Committee, not the Court or the agency that issued the marriage certificate. Ultra vires marriage registration will automatically revoke and cancel the marriage certificate that does not conform to that authority. Therefore, in case the commune-level People’s Committees issues the wrong grant, the district level will cancel and the district level makes the wrong grant, the provincial level will cancel.

Do district-level People's Committees have authority to register marriage in Vietnam?

Pursuant to Article 37 of the Law on Civil Status 2014 stipulates competence to register marriage as follows:

1. District-level People's Committees of places of residence of Vietnamese citizens shall register marriages between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; and between Vietnamese citizens who also have foreign citizenship and Vietnamese citizens or foreigners.

2. In case a foreigner residing in Vietnam requests marriage registration in Vietnam, the district-level People's Committee of the place of residence of either partner shall register the marriage.

Thus, for the marriage registration in Vietnam, the district-level People's Committee will have the authority to register the marriage in the above-cited case.

Can marriage registration get results on the same day in Vietnam?

Article 18 of the Law on Civil Status 2014 stipulates the 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.

Thus, usually the marriage registration will receive the results within the same day. However, if it is necessary to verify the marriage conditions of both male and female parties, the time limit for settlement shall not exceed 05 working days in Vietnam.

Best Regards!