Procedure: Registering marriage with foreign elements

24/12/2015

Implementation order

- A marriage registration dossier shall be submitted directly by either partner at the Vinh Phuc provincial Justice Department

- The officer receiving a dossier shall check papers in that dossier and, if the dossier is complete and valid, write a dossier receipt which specifies the dates of interview and result notification.

If the dossier is incomplete or invalid, this officer shall guide the male and female partners to supplement and complete the dossier. This guidance shall be made in writing, specifying all papers to be supplemented and completed, and must contain the signature and full name of the dossier-receiving officer and be given to the applicant. Date of processing shall be counted since the date of receiving complete and valid dossier and fee.

In case a person submits a dossier to an improper agency, the dossier-receiving officer shall guide the former in submitting the dossier to a competent agency.

Within 15 days after receiving a dossier, the provincial Justice Department shall:

Directly interview both partners at its office to check and clarify their personal identifications, voluntariness and purpose of their marriage and their understanding about the family and personal circumstances of each other; understanding about the language, customs, practices, culture and marriage and family law of each country. In case an interpreter is needed for the interview, the provincial-level Justice Department shall appoint an interpreter;

The interview result shall be recorded in writing. The interviewer shall state his/her proposal in and sign the interview document. The interpreter (if any) shall undertake that he/ she has accurately interpreted the interview contents and sign the interview document;

+ If the interview result shows that the partners have not understood the circumstances of each other, the provincial-level Justice Department shall make an appointment for another interview. The subsequent interview shall be conducted within 30 days from the date of the first interview;

+ If the interview result shows that the partners have not understood the circumstances of each other, the provincial-level Justice Department shall make an appointment for another interview. The subsequent interview shall be conducted within 30 days from the date of the first interview;

+ Study and verify the marriage registration dossier. In case there is any doubt or a complaint or denunciation that the marriage is arranged through brokerage for profit-seeking purpose, or is sham or made use of for human trafficking, labor exploitation, sexual abuse or for other self-seeking purposes, or when finding it necessary to clarify personal identification details of a partner or papers in the marriage registration dossier, the provincial-level Justice Department shall conduct verification.

When considering that matters to be verified fall under the function of the public security agency, the provincial-level Justice Department shall send a written request together with a copy of the marriage registration dossier to the provincial-level public security agency for verification of those matters.

- After interviewing the partners and studying and verifying the marriage registration dossier and opinions of the public security agency (if any), the provincial-level Justice Department shall send a report on the result together with the marriage registration dossier and propose the settlement of marriage registration to the Vinh Phuc provincial People’s Committee for decision, attached to a dossiers for marriage registration.

Within 5 working days after receiving a written proposal from the provincial-level Justice Department together with the marriage registration dossier, if finding the partners fully satisfy the marriage conditions and do not fall into the cases of refusal of marriage registration prescribed in Article 26, Decree No.: 126/2014/ND-CP, the chairperson of the Vinh Phuc provincial People’s Committee shall sign a marriage certificate and return the dossier to the provincial- level Justice Department for organization of a marriage registration ceremony.

In case of refusing marriage registration, the provincial-level People’s Committee shall send a document clearly stating the reason to the provincial-level Justice Department for notification to the couple.

- Within 5 working days after the chairperson of the provincial-level People’s Committee signs a marriage certificate, the Vinh Phuc provincial Justice Department shall hold a marriage registration ceremony. The marriage registration ceremony shall be held officially at the office of the Vinh Phuc provincial Justice Department. Both partners must be present at the marriage registration ceremony. A representative of the Vinh Phuc provincial Justice Department shall conduct the ceremony and ask the partners to affirm their voluntariness of marriage. If the partners agree to get married, the Vinh Phuc provincial Justice Department representative shall record their marriage in the marriage registration book, request the partners to sign the marriage certificate and marriage registration book and give each partner one original marriage certificate.

- A marriage certificate becomes valid on the date of holding the marriage registration ceremony in accordance with Clause 2 of Article 24, Degree No.: 125/2014/ND-CP.

The Vinh Phuc provincial Justice Department shall grant copies of the marriage certificate from the marriage registration book when so requested.

In case the partners request to extend the time for holding the marriage registration ceremony prescribed in Clause 1 of Article 24, Degree No.: 125/2014/ND-CP for a plausible reason, the date of holding the marriage registration ceremony may be extended for another 90 days at most from the date the chairperson of the provincial-level People’s Committee signs the marriage certificate. Past 90 days, if the partners fail to come for the marriage registration ceremony, the Vinh Phuc provincial Justice Department shall report to the chairperson of the provincial-level People’s Committee on non-organization of the marriage registration ceremony and the marriage certificate shall be kept in the dossier.

In case the partners still wish to get married, they shall carry out marriage registration procedures again.

Implementation methods

 A marriage registration dossier shall be submitted directly by either partner at the Vinh Phuc provincial Justice Department

Documents

- Marriage registration declarations (form TP/HT-2013-TKDKKH). In case both of spouse present, one form is needed. In form clearly information of both parties, signature and full name.

-  Certificate of marital status or marriage registration declaration containing certification of the marital status of the Vietnamese citizen granted within 6 months counting to the date of dossier receipt

+  A stateless person who permanently resides in Vietnam shall submit his/her marital status certificate granted by the commune-level People’s Committee of the locality where he/she resides.

- A Vietnamese citizen who resides overseas (bearing a foreign citizenship) shall submit a marital status certificate granted by the representative mission in the country of his/her residence or a paper proving the marital status granted by a competent foreign agency of the country of his/her residence;

- A Vietnamese citizen who resides overseas (without bearing a foreign citizenship) shall submit a marital status certificate granted by the representative mission in the country of his/her residence or a paper proving the marital status granted by a competent foreign agency of the country of his/her residence;

- Document proving the marital status of the foreigner issued within 6 months counting to the date of dossier receipt by a competent agency of the country of citizenship of that person, which certifies that this person is currently unmarried. In case a foreign law does not prescribe the grant of the marital status certificate, this certificate shall be replaced with a certification of oath taken by that person that he/she is currently unmarried in accordance with the law of that country;

- Certification issued within 6 months counting to the date of dossier receipt by a competent Vietnamese or foreign health organization that this person suffers no mental disease or another disease that deprives him/her of the capacity to perceive and control his/her acts;

- Certification of recording in the civil status book of the divorce already settled abroad as prescribed by Vietnamese law, for a Vietnamese citizen who has divorced at a competent foreign agency or a foreigner who has divorced a Vietnamese citizen at a competent foreign agency;

- Copy of the household registration book or temporary residence book (for resident Vietnamese citizens), permanent or temporary residence card or temporary residence certificate (for foreigners permanently or temporarily residing in Vietnam).

* When submitting the dossier, the applicant for marriage registration shall produce a personal identification paper such as identity card, passport or another valid substitute paper (the original or lawfully notarized or certified copy), which has been stated in the marriage registration declaration, for examination and comparison.

* In addition to the papers mentioned, on a case-by-case basis, a partner shall submit the following papers as appropriate:

- A Vietnamese citizen who serves in the armed forces or whose work is directly related to state secrets shall submit a written confirmation by the central- or provincial-level line management agency or organization that this person’s marriage to a foreigner does not affect the protection of state secrets or does not contravene regulations of that sector;

- A non-resident foreigner in Vietnam shall submit a written certification that he/she is eligible to get married issued by a competent agency of the country of his/her citizenship, unless the law of that country does not prescribe the grant of such certification.

Number of dossiers: 1 set

Time limit for settlement of marriage registration

The time limit for settlement of marriage registration in Vietnam is 25 days, counting from the date the Vinh Phuc provincial Justice Department receives a complete and valid dossier and a fee.

In case the Vinh Phuc provincial Justice Department requests verification by the public security agency, this time limit may be extended for another 10 days at most.

Implementing agencies

Authority making decision for marriage: Vinh Phuc Provincial People’s committee

Authority for administration procedure: Department of Justice – Vinh Phuc province

Concerning authority: Vinh Phuc provincial public security

Objects implementing administrative procedures

personnel

Names of application forms, declaration forms

Declaration for marriage registration  (Form TP/HT-2013-TKDKKH

Fee

VND1,500,000

Results of implementation of administrative procedures

Certificate of marriage

Requests, conditions for implementation of administrative procedures

* Conditions for marriage (Article 8, Law on Marriage and Family):

- Marriageable age for male is from 20, for female 18.   
- Marriage is voluntary for both persons; neither is allowed to force or deceive the other; nor force or obstruct the marriage. 

- People who lost their civil acts; 

The marriage does not listed in any case under point a, b, c, and d, item 2, article 5 of The law on Marriage and Family, including

+ illegal marriage brokerage, sham marriage for leaving the country or self-seeking purpose

+ Married people; or living as spouse with other person;

- People of the same direct blood line; relatives within three generations; Adoptive father, mother and adopted children; former adoptive father, mother and their formerly adopted children; father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepchildren, stepmother and stepchildren;

- People of the same sex. 

Legal foundation

- Law on Marriage and Family in 2014;

- Government’s decree No.: 126/2014/ND-CP issued 31st December 2014, detailing a number of articles and measures for implementation of the Law on Marriage and Family;

- Circular No.: 02a./2015/TT-BTP guiding a number of articles of the Government’s decree No.: 126/2014/ND-CP issued 31st December 2014, detailing a number of articles and measures for implementation of the Law on Marriage and Family regarding foreign-involved marriage and family relations.

- Circular 09b/2013/TT-BTP dated 20th May 2013 by Ministry of Justice amends some article of the Circular 08.a/2010/TT-BTP dated 25th March 2010 by Ministry of Justice on promulgating and guiding the records, saving, and using book, form for household and Circular No.: 05/2012/TT-BTC dated 23rd may 2012 by Ministry of Justice amends some articles of the Circular 08.a/2010/TT-BTP

- Circular 08.a/2010/TT-BTP dated 25th March 2010 by Ministry of Justice on promulgating and guiding the records, saving, and using book, form for household

- Circular No.: 02/2014/TT-BTC dated 2nd January 2014 by Ministry of Finance guiding on fee and charges under authority by the People’s Council at provincial level and Municipality

+ Resolution No.: 158/2014/NQ-HDND dated 22nd December 2014 by the People’s Council of Vinh Phuc province regulates collection, managing, using fee, charge under the authority of Provincial People’s Council.

* Source: Decision No.: 3318/QD-UBND dated 19th November 2015 by Chairman of PPC declares procedure list in administration and Justice under the authority by the Department of Justice – Vinh Phuc province

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