The marriage and divorce aims to create and terminate the legal relationship of husband and wife. Is it possible to authorize marriage and divorce registration in Vietnam?
Article table of contents
Is it possible to authorize marriage and divorce registration in Vietnam?
1. Is there a marriage registration authorization in Vietnam?
Pursuant to Article 18 of the Law on Civil Status 2014, the marriage registration procedures are as follows:
- 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.
- 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.
According to Vietnam's Law on Civil status, 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.
Thus, in the case of marriage registration, both parties must be present at the time of marriage registration and sign the marriage registration certificate. Therefore, it is not possible to authorize another person present to register the marriage.
2. Is there a divorce registration authorization in Vietnam?
In Clause 4, Article 85 of the Civil Procedure Code 2015, the representative case is as follows:
The proxy representatives as defined in the Civil Code shall be the proxy representatives in the civil procedures.
For the divorce, the involved parties must not designate any other persons to participate in the procedure on their behalf. If parents or other relatives of the involved parties petition the Courts to resolve the divorce cases as prescribed in clause 2 Article 51 of the Law on marriage and family, they such be the representatives.
As stated above, divorce registration can not be authorized. Therefore, when the couple want a divorce, they cannot authorize but must exercise the right to divorce themselves.
Ngoc Nhi
