Vietnam: Procedures for marriage registration in 2022

Vietnam: Procedures for marriage registration in 2022 (Source: Internet)

1. Conditions for marriage registration in Vietnam

Pursuant to Article 8 of the Law on Marriage and Family 2014 stipulating that men and women getting married must comply with 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 cases prescribed at Points a, b, c and d, Clause 2, Article 5 of the Law on Marriage and Family 2014, specifically:

+ 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;

Note: The state does not recognize marriage between people of the same sex.

2. Marriage registration in Vietnam

Pursuant to Article 9 of the Law on Marriage and Family 2014 provides for marriage registration as follows:

- A marriage shall be registered with a competent state agency in accordance with Law on Marriage and Family 2014 and the law on civil status.

A marriage which is not registered under this Clause is legally invalid.

- A divorced couple who wish to re-establish their husband and wife relation shall register their re-marriage.

Thus, the correct marriage registration is the basis for determining the legal marriage.

3. Contents of marriage certificates in Vietnam

Article 17 of the Law on Civil Status 2014 stipulates that 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.

4. Marriage registration procedures in Vietnam

Procedures for marriage registration are specified in Article 18 of the Law on Civil Status 2014 as follows:

Step 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.

Competence to register marriage: The commune-level People's Committee of the place where one of the male and female parties resides shall register the marriage.

Step 2:

Immediately after receiving complete papers specified in Clause 1, Article 18 of the Law on Marriage and Family 2014, if seeing that the marriage conditions are fully met in Section 1 , 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.

Ngoc Nhi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE