Procedures for grant of marital status certificates to resident Vietnamese citizens for registration of marriage with foreigners

On December 31, 2014, the Government of Vietnam issued Decree No. 126/2014/ND-CP detailing a number of articles and measures for implementation of the Law on Marriage and Family.

Thủ tục cấp GXN tình trạng hôn nhân khi kết hôn với người nước ngoài, 126/2014/NĐ-CP

According to Decree No. 126/2014/ND-CP of Vietnam’s Government, procedures for grant of marital status certificates to resident Vietnamese citizens for registration of marriage with foreigners at competent foreign agencies abroad are as follows:

- A dossier for grant of a marital status certificate shall be made in 1 set, comprising the following papers:

+ Declaration for grant of a marital status certificate made according to a prescribed form;

+ A copy of one of the personal identification papers such as identity card, passport or another valid substitute paper;

+ A copy of the residence registration book or temporary residence book of the applicant.

A Vietnamese citizen who has divorced at a competent foreign agency shall submit a written certification of recording in the civil status book of the divorce already settled abroad as prescribed by Vietnamese law.

- The applicant shall submit the dossier for grant of a marital status certificate directly at a competent commune-level People’s Committee.

- Within 2 working days after receiving a complete and valid dossier and a fee, the commune-level People’s Committee shall examine personal identifications and the marital status of the applicant; and send to the provincial-level Justice Department a report on examination results, clearly stating matters to be consulted, together with a photocopied dossier.

- Within 10 working days after receiving a written request of the commune-level People’s Committee together with the dossier, the provincial-level Justice Department shall:

+ Appraise the validity and completeness of the dossier for grant of a marital status certificate. When finding it necessary to clarify the personal identification details, marital status, marriage conditions and purpose of the applicant for a marital status certificate, the provincial-level Justice Department shall make verification;

+ Request the Vietnamese citizen to be present at the office of the provincial-level Justice Department for an interview to clarify his/her voluntariness and purpose of their marriage, his/her understanding about the family and personal circumstances of the foreign partner; about the language, customs, practices, culture and marriage and family law of the country or territory where the foreigner resides;

+ Request the foreign partner to come to Vietnam for an interview if the appraisal, verification or interview result shows that the Vietnamese citizen does not understand the family and personal circumstances of the foreigner; or the language, customs, practices, culture and marriage and family law of the country or territory where the foreigner resides or the Vietnamese citizen said he/she will not be present at the competent foreign agency abroad for marriage registration.

- Within 2 working days after receiving a written reply from the provincial-level Justice Department, the commune-level People’s Committee shall sign a marital status certificate or issue a written reply clearly stating the reason for refusal to grant a marital status certificate to the applicant.

View more details at Decree No. 126/2014/ND-CP of Vietnam’s Government, effective from February 15, 2015.

Le Hai

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