Is it mandatory for both spouses to be present when receiving a marriage certificate in Vietnam?

Is it mandatory for both spouses to be present when receiving a marriage certificate in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Is it mandatory for both spouses to be present when receiving a marriage certificate in Vietnam? 

According to Article 32 of Decree 123/2015/ND-CP stipulating granting marriage licenses:

- Within 3 working days from the date on which the President of People’s Committee of district signs marriage licenses, Committee Division of Justice shall grant marriage licenses to the partners in person.

- Upon marriage registration, both male and female partners must be present at the head office of the People's Committee, the civil status officer shall ask for opinions of the male and female partners. If seeing that they voluntarily marry each other, the 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 in the marriage certificate.

The chairperson of the district-level People's Committee shall hand the marriage certificate to the couple.

Marriage licenses shall be valid from the date on which they are documented in the vital records and granted to the partners as prescribed in this Clause.

- If either or both partner(s) cannot present to receive marriage license(s), Committee Division of Justice shall, upon their request in writing, give an extension of granting period providing not exceeding 60 days, from the date on which the President of People’s Committee of district signs marriage licenses. 

Upon expiration of such 60-day period, if both partners fail to present and receive marriage licenses, Committee Division of Justice shall request the President of People’s Committee of district to cancel the signed marriage licenses.

If the partners still wish to get married thereafter, they shall follow the procedures for marriage registration from the beginning.

Thus, according to the above regulations, when receiving a marriage certificate, both men and women must be present. If at the end of the 60-day period, the man and woman do not come to receive the Marriage Certificate, the Justice Department shall report to the Chairman of the District People's Committee to cancel the signed Marriage Certificate.

2. Marriage registration in Vietnam

Pursuant to Article 18 of Decree 123/2015/ND-CP stipulates marriage registration in Vietnam as follows:

- The People’s Committee of commune in border areas shall grant marriage registration for a couple that a partner is a Vietnamese citizen permanently residing in such commune and the other partner is a citizen of a neighbor country at the administrative division which is equivalent to commune level in Vietnam and contiguous to the commune in border area of Vietnam where the Vietnamese citizen resides.

- Applicants for marriage registration shall present documents as prescribed in Clause 1 Article 2 of Decree 123/2015/ND-CP; or submit an application at the People’s Committee of commune in person. The application for marriage registration shall include:

+ Application forms for marriage registration using the form as prescribed; the two partners may fill out a single application form;

+ Documents issued by competent authorities of the neighbor country within 6 months until the date of receipt which prove that the partner being citizen of neighbor country is being single;

+ Copies of documents proving identity and permanent residence in the border area of the partner being citizen in neighbor country.

- Within 3 working days from the date on which a satisfactory application is received, the civil status official shall verify such application send it to the President of People’s Committee for decision. In case of necessity to verify, the processing time limit is 8 working days.

If both partners are eligible for marriage as prescribed in the Law on marriage and family, the President of People’s Committee of commune shall sign the marriage license, the civil status official shall then document such marriage to the vital records, and both partners shall bear their signatures and full names in the vital records and the marriage license; each spouse shall be issued with one original of the marriage license.

Nguyen Ngoc Que Anh

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