LATEST DOSSIERS, ORDER AND PROCEDURES
FOR MARRIAGE REGISTRATION
Figure 1. Thinh Tri Law - Advice on marriage conditions
When deciding to step into married life, in addition to preparing for your wedding, you need to understand the marriage registration process and procedures in accordance with current laws. So what do you need to prepare to get married? What is the procedure like? Within the scope of this article, Thinh Tri Law will present some regulations related to marriage registration.
OUTLINES
1. Conditions for marriage registration
2. Marriage registration process and procedures
a) What documents should be prepared in the marriage registration dossier?
b) Where to submit the application for marriage registration?
3. How long does it take to issue a marriage certificate?
- Pursuant to Clause 13, Article 3 of the Law on Marriage and Family 2014, in which the marriage period is understood as the period of existence of the husband and wife relationship between two people, this period is counted from the time of marriage registration until the date of marriage. marital relationship is terminated. At the same time, the law stipulates that the husband and wife relationship can only be established when the two parties come to register their marriage legally.
- Thereby, when registering for marriage, the two parties need to meet a number of conditions specified in Article 8 of the Law on Marriage and Family 2014 as follows:
- Male from full 20 years old and above, female from full 18 years old.
- The marriage is voluntarily decided by both parties.
- Both men and women do not lose their civil act capacity.
- The marriage is not prohibited by law such as: fake marriage; forced marriage; married to a married person; get married within 3 generations, etc.
- Special: The marriage between a man and a woman must be registered at a competent State agency. If you are married but not legally registered, the marriage has no legal value.
- Dossier for domestic marriage registration
- Pursuant to Article 10 of Decree 123/2015/ND-CP, when conducting marriage registration, both male and female parties need to prepare the following documents:
- Marriage registration declaration form is available.
- Personal documents, including: ID card/CCCD/Passport or other equivalent documents with a personal photo.
- Note: The above documents are guaranteed to have an expiration date.
- Certificate of marital status issued by the People's Committee of the commune where the man and woman are residing.
- Divorce decisions or judgments have legal effect at the Court, for cases who have been married to another person and divorced.
→ Read more: Some issues related to marriage.
- Dossier for marriage registration with foreign elements
- If in the case of marriage registration there are foreign elements, the dossier for closing the dossier will include the following documents:
- Marriage registration declaration form is available.
- Certificate of marital status valid for use, issued by an overseas competent authority for men and women; On the certificate, the content: Male and female are currently abroad without a spouse. If that country does not issue a certification, but issues a certificate of equivalent value and equivalent content, this person is eligible to register a marriage in Vietnam.
- A certificate confirming that the man or woman does not suffer from mental or other diseases, has full civil act capacity, and is able to control their own acts (this certificate is issued at a competent health agency in Vietnam or abroad).
- Passport or equivalent documents can replace passport.
- Pursuant to the provisions of Clause 1, Article 17 of the Law on Civil Status 2014, after having fully prepared the above documents and papers; Married men and women are Vietnamese citizens, to register their marriage in Vietnam, they need to go to the People's Committee of the commune, ward or town where one of the two parties is to register their marriage.
- In addition, according to the provisions of Article 37 of the Law on Civil Status 2014, the following cases must register their marriage at the district level:
- Citizens are Vietnamese with citizens being foreigners.
- Vietnamese citizens are Vietnamese people residing in the country with Vietnamese citizens residing abroad.
- Citizens are Vietnamese who are residing abroad together
- Vietnamese citizens concurrently hold foreign nationality with Vietnamese citizens or with foreigners.
- Particularly in case two people are foreigners but wish to register their marriage in Vietnam, they should go to the People's Committee of the district where one of the two parties resides in Vietnam to register the marriage certificate.
Thinh Tri Law - Advice on where to register your marriage and when to issue a marriage registration certificate
- The marriage registration certificate shall be issued immediately after the judicial officer receives all valid papers and dossiers; deems that a man and a woman are eligible to get married in accordance with the law.
- If the marriage conditions are fully met in Article 18 of the 2014 Law on Civil Status; the judicial officer records the marriage in the civil status book. Both men and women together sign in the civil status book and marriage registration certificate.
- After the two parties sign the marriage registration book and the marriage registration certificate, the judicial officer shall report to the Chairman of the commune-level People's Committee, handing the marriage certificate to the two parties.
- In case it is necessary to re-verify the marriage license conditions of the two parties, the time limit for issuance of the marriage registration certificate shall not exceed 05 working days.
- Therefore, we can see that the time limit for issuing a marriage registration certificate is right after the two parties are deemed eligible for marriage by the competent authority and have been approved by the competent People's Committee to issue a certificate of marriage registration.
- Particularly for cases of marriage involving foreign elements, according to Decree 123, the awarding of marriage registration certificates must be done within 03 days from the date the man and woman jointly sign.
- Specially: If within 60 days from the date of signing, both parties cannot be present to directly receive the marriage registration certificate, this certificate will be canceled in accordance with the law. If two parties want to get married, they must carry out the marriage procedures from the beginning.
More articles:
→ Who has custody of the children when the marriage is not registered?
→ Guidance on procedures for consent divorce.
→ Guidance on procedures for divorce in Japan.
→ Guidance on procedures for divorce in Australia.
- In the above article, Thinh Tri Law has outlined a number of legal provisions related to records, order and procedures for marriage registration. Hope this article will provide useful information for you.
- If customers have questions about conditions for marriage registration, legal marriage, marriage with foreign elements, etc., please contact us:
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