Newest procedures for marriage registration at the district-level People's Committee in Vietnam

Newest procedures for marriage registration at the district-level People's Committee in Vietnam (Internet image)

1. Procedures for marriage registration at the district-level People's Committee in Vietnam

Article 38 of the 2014 Civil Status Law stipulates procedures for marriage registration at the district-level People's Committee in Vietnam as follows:

- Both male and female parties must submit a declaration form according to the prescribed format and a certificate from a competent medical organization in Vietnam or abroad certifying that they do not suffer from any psychiatric disorders or other illnesses that would prevent them from being aware of and controlling their behavior to the civil status registration agency.

Foreign individuals and Vietnamese citizens residing abroad must also submit proof of marital status, a photocopy of their passport, or a document equivalent to a passport.

- Within 15 days from the date of receiving the complete documentation as stipulated in Clause 1, Article 38 of the 2014 Civil Status Law, the official handling civil status matters is responsible for verification. If it is determined that all legal conditions for marriage are met, the Justice Department shall report to the Chairman of the district-level People's Committee for resolution.

- During the marriage registration, both male and female parties must be present at the headquarters of the district-level People's Committee. The civil status official shall query both parties, and if they voluntarily agree to marry, the marriage will be recorded in the Civil Status Registry, and both parties shall sign the registry. Both parties shall also sign the Marriage Certificate.

The Chairman of the district-level People's Committee shall present the Marriage Certificate to both parties.

- The Government of Vietnam shall stipulate additional documents required for the marriage registration dossier, the process of interviewing and verifying marriage purposes for the marriage registration, and the procedure for confirming marital status for Vietnamese citizens marrying foreigners at competent foreign authorities to ensure the legal rights and interests of the parties.

2. Newest regulations on application for marriage registration at the district-level People's Committee in Vietnam

Article 30 of Decree 123/2015/ND-CP stipulates the application for marriage registration as follows:

- The marriage registration dossier shall be prepared in accordance with Clause 1, Article 38 of the 2014 Civil Status Law and the following provisions:

+ Both male and female parties may jointly complete a Marriage Registration Declaration;

+ Evidence of the marital status of a foreign individual shall be a valid document issued by a competent foreign authority affirming that the individual is currently unmarried; in cases where the foreign authority does not issue a marital status certification, a document issued by the foreign authority verifying the individual meets the marriage conditions under the laws of that country shall be presented.

If the evidence of marital status of the foreign individual does not specify a validity period, the document and the health certification stipulated in Clause 1, Article 38 of the 2014 Civil Status Law shall be valid for only six months from the date of issuance.

- In cases where the foreign individual does not have a passport to present as required in Clause 1, Article 2 of Decree 123/2015/ND-CP, an international travel document or residence card may be presented instead.

- In addition to the documents stipulated in Clause 1, Article 30 of Decree 123/2015/ND-CP, if the marrying party is a Vietnamese citizen who has divorced or annulled a marriage at a competent foreign authority, they must submit a copy of the civil status extract regarding the recorded divorce or annulment in the registry as stipulated in Clause 2, Article 36 of Decree 123/2015/ND-CP. If the person is an official or public employee or serves in the armed forces, they must submit a document from their managing agency confirming that their marriage to a foreign individual does not violate regulations of that sector.

3. Steps of procedures for marriage registration at the district-level People's Committee in Vietnam

The steps of procedures for marriage registration are according to the provisions in Clauses 2, 3, and 4, Article 38 of the 2014 Civil Status Law and the following stipulations:

- Within 10 working days from the date of receipt of the complete and valid dossier, the Justice Department shall review, verify the dossier, and conduct necessary verification if required. The head of the Justice Department shall be responsible for the verification results and recommendations of the Justice Department in resolving the marriage registration dossier.

- If the dossier is valid and both parties meet the marriage conditions stipulated by the 2014 Marriage and Family Law and do not fall into the marriage rejection cases prescribed in Article 33 of Decree 123/2015/ND-CP, the Justice Department shall report to the Chairman of the district-level People's Committee to sign two original Marriage Certificates.

- Depending on the specific situation, the Ministry of Justice shall report to the Prime Minister that the Government of Vietnam stipulates additional interview procedures when handling requests for marriage registration to ensure the legal rights and interests of the parties and the effectiveness of State management.

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