What are the case eligible for marriage re-registration in Vietnam?

What are the case eligible for marriage re-registration in Vietnam? (Internet image)

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

1. What are the case eligible for marriage re-registration in Vietnam? 

According to Article 24 of Decree 123/2015/ND-CP, the conditions for birth, marriage or death re-registration are stipulated as follows:

- Any birth, marriage, or death registration that has been granted at the competent authority of Vietnam before January 1, 2016 but the vital records or originals copies from vital records are lost shall be eligible for re-registration.

- An applicant for birth, marriage, or death re-registration shall submit sufficient copies of relevant documents.

- The birth or marriage re-registration is only granted if the applicants are still alive at the time of receiving application.

Thus, in case applying for marriage re-registration, the following conditions are required:

- The couple registered their marriage at a competent Vietnamese agency before January 1, 2016;

- The marriage registration book at the civil status registration agency and the marriage registration certificate of the person requesting reissue are both lost.

- And the requester is still alive at the time of receiving the application.

2. Marriage re-registration procedures in Vietnam

- An application for marriage re-registration shall include:

+ An application form as prescribed;

+ A copy of the former marriage license. In case of absence from the copy of marriage license, a copy of the personal document relating to the marriage registration contents is also permitted.

- Within 5 working days from the date on which the application is received, the civil status official shall verify it. If the marriage re-registration is sufficient, accurate, and consistent with regulations of law, the civil status official shall grant the marriage re-registration as prescribed in Clause 2 Article 18 of the Law on civil status.

If the application for marriage re-registration is submitted at the People’s Committee of a commune other than the commune which has granted the former marriage registration, the civil status official shall request the President of People’s Committee to request such the People’s Committee to verify the respective vital records.

Within 5 working days, from the date on which the request is received, the People’s Committee which has granted the former marriage registration shall verify and respond in writing that the vital records are whether kept.

- Within 3 working days from the date on which verification results that the vital records are no longer kept in the commune where the marriage registration has been granted are received and the application is considered satisfactory and consistent with regulations of law, the civil status official shall grant the marriage re-registration as prescribed in Clause 2 of this Article 16 of Decree 123/2015/ND-CP.

- The marriage relationship shall be recognized from the date on which the former marriage registration was granted which is specified in the marriage license and vital records. If the day and month of former marriage registration is not identified, the marriage relationship shall be recognized from January 1, of the year of former marriage registration.

(Article 27 of Decree 123/2015/ND-CP)

3. The power to grant marriage re-registration in Vietnam

Pursuant to Article 25 of Decree 123/2015/ND-CP, the People’s Committee of commune which granted the former birth or marriage registration or the People’s Committee of commune where the applicant permanently resides shall grant the birth or marriage re-registration.

Nguyen Ngoc Que Anh

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