Part 2 of this article will guide in detail the application for marriage registration in accordance with the law. Dragon Law Firm provides the Vietnamese law provisions related to this topic as follows:
1. Marriage registration documents included
Article 30 of Decree 123/2015 / ND-CP stipulating the application for marriage registration includes:
a) The both partners may fill out a marriage registration form;
b) Documents proving the marital status of a foreigner is a paper issued by a foreign competent agency which is still valid and certifies that such person has no wife or no husband; in cases where a foreign country does not grant a certificate of marital status, it must be replaced by papers issued by a foreign competent agency certifying that such person is eligible for marriage under the law of that country.
- If the certificate proving the marital status of the foreigner does not specify the expiry date, this document and the certification of the medical organization as prescribed in Clause 1, Article 38 of the Law on Civil Status is only valid for 6 months. , from the date of issue.
- If a foreigner does not have a passport to present under the provisions of Clause 1, Article 2 of Decree 123/2015 / ND-CP, an international travel document or residence card can be presented. - In addition to the above-prescribed papers, if the married party is a Vietnamese citizen who has divorced or canceled the marriage at a foreign competent agency, he / she must also submit a copy of the civil status excerpt for recording it in the register. divorce or cancellation of marriage; If they are civil servants or officials, or they are currently serving in the armed forces, they must submit the documents of the agencies or management units certifying that such persons are married to foreigners not contrary to the provisions of that branch.
2. Procedures for registering a marriage with a foreigner:
- Within 10 working days after receiving a complete and valid dossier, the Justice Department shall conduct research, verify the dossier and verify if necessary. The Head of the Justice Division is responsible for the results of the examination and the Justice Office's proposal in handling marriage registration documents.
- If the application is valid, the parties are eligible to get married as prescribed in the Law on Marriage and Family, do not fall into the case of refusing to register marriage as prescribed in Article 33 of Decree 123/2015 / ND-CP, the Division of Justice reports to the President of the district People's Committee to sign 02 originals of the Marriage Certificate.
- Based on the specific situation, when necessary, the Ministry of Justice shall report to the Prime Minister on additional regulations on interview procedures when handling marriage registration requirements to ensure the lawful rights and interests of the parties. and State management efficiency
3. Organization of the Marriage Certificate.
- Within 03 working days from the date the Chairman of the district-level People's Committee signs the marriage certificate, the Justice Department shall hand the marriage certificate to both male and female partners.
- When registering marriage for both men and women, they must be present at the headquarters of the People's Committee and civil servant performing civil status work, consulting both men and women, if the parties voluntarily get married, write the marriage record. kiss on the vital records, and both men and women sign the civil status book. The two sides have signed a marriage certificate.
- The marriage certificate is valid from the date recorded in the book and given to the parties.
- In case one or both of the male and female partners cannot present to receive the Marriage Certificate, at their written request, the Justice Department shall extend the time limit for granting the Marriage Certificate but must not exceed 60 days. from the date the Chairman of the district People's Committee signs the Marriage Certificate. At the end of 60 days but both men and women do not come to receive the marriage certificate, the Justice Department shall report to the President of the district-level People's Committee to cancel the signed marriage certificate.
If later, both men and women still want to get married, the marriage registration procedure must be conducted from the beginning.
Dragon Law Firm - Hotline: 1900.599.979
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