HTLaw

Booking consultation

Category: Family

Posted on

SOME NOTES ON BIRTH REGISTRATION FOR CHILDREN OF TWO FOREIGNERS IN VIETNAM

Some notes on birth registration for children of two foreigners in Vietnam - htlaw.vn

I. Authority

District-level People’s Committee of the place of residence of the father or mother

II. The order of execution

Step 1: The person applying for birth registration submits the application to the civil status registration agency

Step 2: Immediately after receiving the required documents, if finding that the birth registration information is complete and valid, the civil status officer shall record the birth registration information in the civil status book. The civil status officer and the person making the birth registration shall both sign the civil status book.

Step 3: The Justice Division reports to the President of the district-level People’s Committee to issue a birth certificate to the person whose birth is registered.

III. Dossier

    1. Birth registration declaration form;
    2. Certification of birth;
    3. Agreement of parents on choosing nationality for their child;
    4. Confirmation of the foreign competent state agency that the child is entitled to such nationality;
    5. Passport of father and mother;
    6. Parent’s visa/temporary residence card (if it is not attached to the passport);
    7. Confirmation of temporary residence of the Ward police (father and mother).

IV. Settlement time

In fact, the Birth Certificate will be issued after 03-05 working days from the date of receiving the complete and valid dossier, depending on each People’s Committee.

V. Some general notes

    1. In case the child’s parent chooses a foreign citizenship for the child upon birth registration, besides the written consent to such choosing, a confirmation that such choosing conforms to the foreign country’s law from the competent authority of the foreign country is required.

However, in practice, many countries such as England, America, Colombia do not have a formality to issue such a certification, but only authenticate the signature of the parent in the agreement. In this case, the civil status registry will not be able to issue a birth certificate with the nationality desired by the parents, but the birth certificate will leave the nationality section blank.

    1. In the birth certificate registration form, the place of residence of the father and mother may be required to write a temporary residence address in Vietnam instead of a permanent address in a foreign country (depending on each civil status registration agency).
    2. In case the wife gives birth to a child before marriage registration without birth registration and, upon birth registration, the couple has a document recognizing the child as their common child, the father’s information shall be added to the child’s birth certificate immediately without applying for father-child relationship recognition.

       To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Birth Registration involving foreign elements.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
Posted on

RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS AND DECISIONS ON DIVORCE IN VIETNAM

I. Jurisdiction

Pursuant to point 9 Article 29, point d clause 2 Article 39 and point b clause 1 Article 37 Code of Civil Procedure 2015, petitions for recognition and enforcement of foreign judgments or foreign decisions on divorce rendered outside of Vietnam shall fall under People’s Courts of provinces of the areas where the persons who are obliged to execute foreign courts  judgments or decisions reside or work.

Recognition and enforcement of foreign judgments and decisions on divorce in Vietnam - htlaw.vn

II. Prescriptive periods for filing applications for recognition and enforcement

The prescriptive periods for filing applications for recognition and enforcement as set forth in Article 432 Code of Civil Procedure 2015 is 03 years from the day on which the civil judgment/decision of a foreign Court takes legal effect.

III. Proceeding of recognition and enforcement

Step 1: Submit the documents to the Ministry of Justice (within the prescriptive periods mentioned above)

Step 2:  The Ministry of Justice forwards the documents to the authorized Courts (05 working days)

Step 3: The Courts accept the dossier and work on the petition

Step 4: Preparation for consideration of applications (04 months from the
day on which the application was accepted). On a case-by-case basis, the Court shall issue one of the following decisions:

– To suspend the consideration of the application;

– To terminate the consideration of the application;

– To hold a meeting for considering the application.

Step 5: The Courts issue decision whether to refuse or recognize and enforce the foreign judgments and foreign decisions. 

IV. Dossier for recognition and enforcement

The dossier for recognition and enforcement include an application and other documents enclosed thereof. Applications for recognition and enforcement pursuant to Article 433 of Code of Civil Procedure 2015 must contain the following principal details:

1. Full names and addresses of residence places or work places of the judgment creditors or their lawful representatives;

2. Full names and addresses of residence places or work places of the judgments debtors; in cases where the judgment debtors being individuals not having residence places or work places in Vietnam, their applications must also specify the addresses of the places at which the properties and assorted properties relating to the enforcement in Vietnam of foreign courts’ civil judgments/decisions exist;

3. Requests from judgment creditors; if foreign courts’ judgments/decisions have been partly enforced, the judgment creditors must clearly state the executed parts and the remaining parts requested for recognition and continued enforcement in Vietnam.

Applications in foreign languages must be accompanied by their Vietnamese versions which are duly notarized or authenticated.

The documents to be required to be enclosed with the application
with the following papers and documents:

1. Originals or certified copies of the judgment/decision issued by the foreign Court;

2. Documents made by the foreign Court or other competent foreign agencies certifying that such judgment/decision has taken legal effect, has not expired and should be enforced in Vietnam, except for when the details have already been clearly stated in the judgment/decision;

3. Documents made by the foreign Court or other competent foreign agencies certifying the lawful delivery of such judgment/decision to the judgment debtors who have to execute such judgments/decisions;

4. Documents made by the foreign Court or other competent foreign agencies certifying that they have been duly summoned are required in cases where the foreign Court rendered the judgment in the absence of the judgment debtors or their lawful representatives.

Documents enclosed with the application that are in foreign languages must be accompanied by their Vietnamese versions which are duly notarized or authenticated.

       To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Recognition and enforcement of foreign judgments and decisions on divorce in Vietnam.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
Posted on

PROCEDURES FOR BIRTH REGISTRATION WITH FOREIGN ELEMENTS

I. Cases of birth registration with foreign elements

  1. Children born in Vietnam:

    – Having a parent being a Vietnamese citizen and the other being a foreigner or a stateless person;

    – Having a parent being a Vietnamese citizen residing in the country and the other being a Vietnamese citizen residing abroad;

    – Having both parents being Vietnamese citizens residing abroad;

    – Having both parents being foreigners or stateless persons.

  2. Children born abroad with their birth not yet registered abroad and taken to reside in Vietnam:

    – Having both parents being Vietnamese citizens;

    – Having a parent being a Vietnamese citizen.

II. Competent to register birth with foreign elements

The district-level People’s Committee of the place of residence of the father or mother (in the case of the child born in Vietnam) or the place of residence of the children (in the case of the child born abroad who has not yet been registered for birth and reside in Vietnam).

III. Order of processing

Step 1: Birth registrants shall submit the dossiers to the district-level People’s Committee

Step 2: Immediately after receiving all required documents, if seeing that the birth declaration information is complete and proper, the civil status officer shall record the birth declaration contents in the civil status book. The civil status officer and birth registrant shall both sign in the civil status book.

Step 3: The district-level Justice Division shall report to the chairperson of the district-level People’s Committee to grant a birth certificate to the person whose birth is registered.

IV. Dossiers

Case 1: Children born in Vietnam

  1. Declaration form
  2. Birth certification paper
  3. The agreement of the parents on the selection of citizenship for their child. If the parents choose a foreign citizenship for their child, their agreement document must contain certification of a competent foreign state agency of which they are citizens.
  4. Passports of father and mother
  5. Certificate of marriage
  6. Proof of residence (temporary residence certificate of the ward police/temporary residence card/permanent residence card…)

Case 2: Children born abroad with their birth not yet registered abroad and taken to reside in1. Declaration form

  1. Declaration form
  2. Birth certification paper
  3. A certificate of live birth or an equivalent document issued by the foreign competent authority certifying that the child was born abroad and mother-child relationship (if any
  4. The agreement of the parents on the selection of citizenship for their child. If the parents choose a foreign citizenship for their child, their agreement document must contain certification of a competent foreign state agency of which they are citizens.
  5. Passports of father and mother
  6. Certificate of marriage
  7. A documentary evidence of the child’s lawful entry into Vietnam (such as passport, documents enabling international travel bearing an entry stamp from an immigration authority)
  8. A written confirmation from the competent public security authority that the child is living in Vietnam

V. Settlement Time

Right on the day of receiving the dossier; in case the application is received after 15 o’clock but cannot be resolved immediately, the result shall be returned in the next working day.

VI. Fees

According to the fee rate set by each provincial People’s Council.

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Birth Registration with foreign elements.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
Posted on

Procedures for recognition of foreign marriage in Vietnam

RECOGNITION OF FOREIGN MARRIAGE in vietnam - htlaw

1. Conditions for recognition of overseas marriage in Vietnam

When a Vietnamese person has carried out the procedure for marriage registration in a foreign country and wants to have that marriage recognized in Vietnam, he/she must carry out the procedure for noting the marriage in the civil status book.

Article 34 of Decree 123/2015/ND-CP stipulating a number of conditions for recording in the civil status book the marriage of a Vietnamese citizen that has been settled abroad. Accordingly, the marriage registration must meet a number of conditions as prescribed by the Law on Marriage and Family 2014 to be recorded in the civil status book of Vietnam:

–  Male is full 20 years old or older, female is full 18 years old or older;

– The marriage is voluntarily decided by the man and the woman;

– No loss of civil act capacity;

– Do not violate the prohibition.

In addition, if the marriage registration in a foreign country does not meet the conditions for marriage, does not violate the prohibition of law in Vietnam, it will still be recorded in the civil status book if:

– By the time the request is recorded in the civil status book, the consequences have been overcome.

– The note is to protect the rights of citizens of Vietnam and children

Therefore, in order for a foreign marriage to be recognized in Vietnam, citizens need to carry out the procedure of noting the marriage registration in the civil status book.

In order to have a marriage recognized in Vietnam when a marriage has been registered abroad, the requester must follow the procedures for notifying the marriage. Accordingly, this procedure is performed as follows:

2. Competent Authority

According to Article 48 of the Law on Civil Status 2014, the People’s Committee of the district where the Vietnamese citizen resides has the authority to record in the civil status book the marriage that has been settled at a competent foreign agency.

RECOGNITION OF FOREIGN MARRIAGE in vietnam - htlaw

3. Documents to be prepared

According to Article 35 of Decree 123/ND-CP, when going to the district-level People’s Committee, the requester needs to prepare the following documents:

– Declaration of marriage notes (according to the form issued together with Circular 15/2015/TT-BTP)

– A copy of the marriage certificate issued by a foreign competent authority;

– Copies of identity papers of both male and female parties (if sending documents via the postal system);

– Certificate of the marital status of Vietnamese citizens from the age of 18 to marriage registration (issued by the People’s Committee of the ward (commune) where they permanently or temporarily reside);

– A copy of the extract of divorce notes (if the divorce record or annulment of marriage has been made in a foreign country before).

4. Steps to take notes

Procedures to be recognized for marriage abroad

– Step 1: Prepare all the above documents.

– Step 2: Go to the People’s Committee of the district where the Vietnamese citizen resides to submit the above documents. When submitting, you must bring identification documents for comparison. If these papers are issued, notarized or certified by a foreign competent authority, they must be consular legalized, unless otherwise exempted by law.

– Step 3: Within the prescribed time, the head of the district-level Justice Department shall record in the book and report to the President of the People’s Committee to sign the original when deeming that the conditions are satisfied, or refuse the request if it is refused to record in the household book foreclosure of marriage.

Above is the procedure for noting the marriage to be recognized as a marriage in Vietnam.

To save time learning about the law, filling the form, translating, notarizing, etc you can contact HT for  Recognition of foreign marriages in Vietnam service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
Posted on

Procedures for divorce with foreign elements in Vietnam

RECOGNITION OF FOREIGN MARRIAGE in vietnam - htlaw

1. Divorce cases involving foreign elements in Vietnam

    • Vietnamese citizens with foreigners
    • Foreigners with foreigners permanently residing in Vietnam

2. Competence to settle

    • Provincial People’s Court
    • District-level People’s Courts to handle divorce cases involving Vietnamese citizens residing in border areas with citizens of neighboring countries residing in border areas with Vietnam.

3. Order and procedures for implementation

Step 1: Submit application for divorce at the competent People’s Court;

Step 2: Within 7-15 days, the Court will check the file, if the file is complete and valid, the Court will send a notice of advance payment.

Step 3: Within 07 days from the date of receiving the Court’s notice of payment of the court cost advance, the plaintiff must pay the court cost advance and submit to the Court a receipt for the collection of the court fee advance. fee.

Step 4: The judge accepts the case

Step 5: The court conducts conciliation so that the involved parties can reach agreement on the settlement of the case. If conciliation fails, the case will be brought to first instance trial.

4. Profile composition

    1. Petition/complaint application
    2. Marriage registration certificate
    3. ID card and household registration
    4. Birth certificates of children (if applicable)
    5. Other documents and evidence evidencing common property such as Certificates of land use rights (red book); Vehicle registration; Savings…
DIVORCE in vietnam - htlaw

5. Settlement time

    • Preparation for trial: up to 04 months. In case the case is a complicated nature or there are objective obstacles, the extension may be extended for no more than 2 months.
    • Opening the court session: 01 month from the date of issuing the decision to bring the case to trial. If there is a legitimate reason, this time limit is 02 months.

6. Court fees

Pursuant to the list of court fees and charges, promulgated together with Resolution 326/2016/UBNDVQH14, stipulating the level of advance payment of court fees for divorce cases as follows:

Divorce has no value300.000 VND
Divorce has value
From 6.000.000 VND or less300.000 VND
From over 400.000.000 VND to 800.000.000 VND20.000.000 VND + 4% of the part of the disputed property value exceeding 400.000.000 VND
From over 400.000.000 VND to 800.000.000 VND36.000.000 VND + 3% of the part of the disputed property value exceeding 800.000.000 VND
From over 800.000.000 VND to 2.000.000.000 VND36.000.000 VND + 3% of the part of the disputed property value exceeding 800.000.000 VND
From over 2.000.000.000 VND to 4.000.000.000 VND72.000.000 VND + 2% of the part of the disputed property value exceeding 2.000.000.000 VND

In there:

    • Divorce has no value is a case in which the claim of the parties is not an amount or the value cannot be determined in a specific amount.
    • Divorce has value is a case in which the claim of the involved parties is an amount of money or property that can be determined in a specific amount.

In order to save time to learn the procedures, fill out the form, notarize, wait for the application to be submitted, you can contact HT for advice and support for Divorce with foreign elements the service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
Posted on

INTERCOUNTRY ADOPTION

Intercountry adoption - htlaw

Currently, the adoption of a foreign child is increasingly popular and has priceless values.
Current Vietnamese regulations have many specific provisions on the adoption of foreign elements, so HT would like to send readers the basic information about adopting foreign elements below.

I. Cases of intercountry adoption

1. Overseas Vietnamese, foreigners permanently residing in the countries being contracting parties to an adoption treaty along with Vietnam adopt a Vietnamese child.

2. Overseas Vietnamese, foreigners permanently residing abroad may adopt a specific child in the following cases:

a/ He/she is the stepfather or stepmother of the to-be-adopted child;

b/ He/she is the natural aunt or uncle of the to-be-adopted child;

c/ He/she has adopted a child who is a sibling of the to-be-adopted child;

d/ He/she adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease;

e/ He/she is a foreigner currently working or studying in Vietnam for at least 1 year;

3. Vietnamese citizens permanently residing in the country adopt a foreign child.

4. Foreigners permanently residing in Vietnam adopt a child in Vietnam.

II. Conditions on adopting persons

1. An adopting person must fully meet the following conditions:

a/ Having full civil act capacity;

b/ Being 20 years or older than the adopted person;

c/ Having health, financial, and accommodation conditions for
assuring the care for and nurture, and education of the adopted child.

d/ Having good ethical qualities.

2. The following persons may not adopt a child:

a/ Having some of the parental rights over a minor child restricted:

b/ Currently serving an administrative handling decision at an  educational institution or medical treatment establishment;

c/ Currently serving an imprisonment penalty:

d/ Having a criminal record of the commission of any of the crimes: intentionally infringing upon another’s life, health, dignity, and honor; maltreating or persecuting one’s grandparents, parents, spouse, children, grandchildren, or caretaker; seducing, forcing or harboring minors to violate the law; buying, selling, exchanging and appropriating children.

3. In case the stepfather or stepmother adopts a stepchild or a natural aunt or uncle adopts a nephew or cousin. Points 1b and 1c will not apply. 

4. Vietnamese citizens who seek to adopt a foreigner must meet all conditions required by the law of the country in which the to-be-adopted person permanently resides.

III. Dossiers of adopting persons

1. A dossier of an overseas Vietnamese or a foreigner permanently residing abroad seeking to adopt a Vietnamese must comprise:

a/ A written request for adoption;

b/ A copy of the passport or a valid substitute paper;

c/ A written permission for adopting a person in Vietnam:

d/ A completed questionnaire on psychology and family;

e/ A health certificate;

f/ An income and property certificate;

g/ A criminal record sheet:

h/ A written certification of the marital status;

i/ Papers and documents to prove the relationship between the adopter and the adopted person (if any).

2. Papers and documents stated at Points 1b thru 1h. must be made, issued, or certified by competent agencies of the country in which the adopting person permanently resides.

3. A dossier of the adopting person shall be made in 2 sets and submitted to the Ministry of Justice via the central adoption agency of the country in which the adopting person permanently resides; in the case of adopting a specific person, the adopting person may submit the dossier directly to the Ministry of Justice.

Note: Documents issued by foreign countries must be consular legalized unless exempted.

IV. The process of adopting

Place of adoption application: Department of Adoption of the Ministry of Justice.

– Within 30 days from the date of receiving dossiers of adopting persons, the Department of Justice shall consider and introduce the children to be adopted. Note: in the case of specific adoption according to regulations, there is no need to introduce the child to be adopted.

In cases where the step-father or step-mother of the adopted child is not required to carry out the procedures for introducing the child to be adopted.

– Within 10 days after receiving the dossier from the Department of Justice, if the People’s Committee of the province agrees, it shall notify the Department of Justice of the procedure for transferring the dossier to the Ministry of Justice; In case of disagreement, it shall reply in writing and clearly state the reason.

– Within 30 days from the date of receipt of the report on the result of introducing children for adoption, the Ministry of Justice shall inspect the introduction of the child for adoption, if it is valid, it shall assess Vietnamese children The man is eligible to be a foreign child and informs the competent authority of the country where the adopting person is residing.

– Within 15 days from the date of receipt of a written notice from the competent authority of the adoptive country of the adoptive’s consent to the introduced child. Children will be admitted to and permanently reside in the country where they are adopted, the Ministry of Justice notifies the Department of Justice.

– After receiving a notice from the Ministry of Justice, the Department of Justice shall submit to the provincial-level People’s Committee for the decision of the child to be adopted abroad. Within 15 days after receiving the dossier submitted by the Department of Justice, the provincial-level People’s Committee shall decide to allow the child to be adopted abroad.

– The Department of Justice notifies the adoptive person to come to Vietnam to adopt a child. Within 60 days, adopting persons must be present in Vietnam to directly adopt the child; in case the husband and wife apply for adoption but either of them cannot attend the child adoption delivery ceremony for objective reasons, they must authorize the other person; can be extended, but not more than 90 days. If the above time limit expires, if the adopting party does not come to adopt the child, the provincial-level People’s Committee shall cancel the decision to allow the child to be adopted abroad.

V. Fee amounts

a) Amount of domestic adoption registration fee: VND 400,000/case.

b) Amount of adoption registration fee collected from Vietnamese people residing in foreign countries or foreigners permanently residing in foreign countries that adopt children being Vietnam nationals: VND 9.000.000/case.

c) Amount of fee collected from foreigners permanently residing in Vietnam that adopt children being Vietnamese nationals: VND 4.500.000/case.

d) Amount of fee collected from foreigners residing in border regions of neighbor countries that adopt Vietnamese children permanently residing in such border regions: VND 4.500.000/case.

dd) Amount of adoption registration fee at Vietnam’s overseas representative bodies: USD 150/case. The above fee shall be converted into the receiving country’s currency according to the selling rate of USD announced by a bank where Vietnam’s overseas representative body opens its account.

Exemption from and deduction in adoption registration fees

1. Domestic adoption registration fees shall be exempted in one of the following cases:

a) A stepfather or stepmother adopts a stepchild of his/her spouse, or an aunt or uncle adopts a niece or nephew;

b) A person adopts one of the following children: Disabled children, HIV/AIDS infected children, or children suffering fatal disease/illness as prescribed in the Law on adoption and guiding documents;

c) A people with meritorious services to the revolution adopts a child.

2. Intercountry adoption registration fees shall be deducted in one of the following cases:

a) A reduction of 50% in intercountry adoption registration fee shall apply to a stepfather or stepmother that adopts a stepchild of his/her spouse or an aunt or uncle that adopts a niece or nephew;

b) In case of simultaneously multiple adoptions of biological brothers/sisters, a reduction of 50% in intercountry adoption fee shall apply to each of children excluding the first child;

c) In case of an adoption falling into both aforesaid cases prescribed in Point a and Point b of this Clause, the payer may select to apply the reduction in fees prescribed in either of those Points.

3. Exemption from adoption registration fees shall apply to the cases of re-registration of adoption as prescribed in law on adoption.

In order to save time to learn the procedures, fill out the form, notarize, and wait to submit the dossier, you can contact HT for Intercountry Adoption service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
Posted on

PROCEDURES FOR MARRIAGE TO FOREIGNERS

Marry to Vietnamese - htlaw

Currently, Vietnam is one of the countries that are particularly interested by international investors because of its geographical location as well as abundant resources. The number of foreigners coming to live and work in Vietnam is increasing, so it is more common for Vietnamese people to marry foreigners. So, what is the procedure for marriage involving foreign elements and what difficulties? Please also follow the following article. 

1. Legal basis:

Law on civil status 2014, Decree 123/2015 / ND-CP

a. Authority to register marriage
The district People’s Committee where the Vietnamese citizens reside will be:
–  Vietnamese citizens and foreigners;
– Vietnamese citizens residing in the country with Vietnamese citizens residing abroad;
–  Vietnamese citizens residing abroad together;
– Vietnamese citizens who simultaneously hold foreign nationality with Vietnamese citizens or with foreigners conducting marriage procedures.

In cases where foreigners residing in Vietnam require marriage registration in Vietnam, the district-level People’s Committee of the residence of either party shall effect the marriage registration.

b. Procedures for marriage registration
The man and the woman shall submit a declaration form and a certification of a competent Vietnamese or foreign medical organization certifying that the person does not have a mental illness or other disease and is incapable of receiving it. awakening and mastering their own acts for civil status registration agencies.

Foreigners and Vietnamese citizens residing abroad must submit additional documents proving marital status, copy of passport or valuable papers in lieu of passport.

Within 15 days after receiving the full papers, civil status officials shall verify if they deem eligible to get married according to the provisions of law. The Justice Division reports to the President of the district People’s Committee for settlement.
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 married in the civil status book, together with both men and women, to sign the civil status book. The two sides shall sign marriage certificate.

Chairpersons of district-level People’s Committees shall grant marriage certificates to both men and women.

The Government shall provide supplementary papers in the marriage registration dossier, the interview, verify the purpose of marriage when settling the request for marriage registration; procedures for granting certificates of marital status for Vietnamese citizens to marry foreigners at foreign competent agencies in order to ensure the lawful rights and interests of the parties.

2. Application for marriage registration: (Article 30 of Decree 123/2015 / ND-CP)

a) The application for marriage registration is made in accordance with Clause 1 Article 38 of the Law on civil status and the following provisions:
– Both partners may fill out a single marriage registration form;
Documents proving the marital status of a foreigner is a paper issued by a competent foreign 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 competent foreign 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 are only valid for 6 months from the date of issuance.

b) If a foreigner does not have a passport to present under the provisions of Clause 1, Article 2 of this Decree, he/she may produce international travel papers or residence cards.

c) Apart from the papers prescribed in Clause 1 of this Article, 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 have recorded in the divorce record or canceled the marriage according to the provisions of Clause 2, Article 36 of this Decree; 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.

Marry to Vietnamese - htlaw

3. Order of marriage registration: (Article 31.32 Decree 123/2015 / ND-CP)

a) Within 10 working days after receiving a complete and valid dossier, the Justice Department shall conduct research, verify the dossier and verify it 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.

b) If the dossier is valid, the parties are eligible to get married under the provisions of the Law on Marriage and Family, not falling into the case of refusing to get married, The Justice Division reports to the President of the district People’s Committee to sign 02 originals of the Marriage Certificate.

c) 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 requests to ensure the lawful rights and interests of State management and efficiency.

d) Within 3 working days after the Chairman of the district-level People’s Committee signs the marriage certificate, the Justice Office shall grant the marriage certificate to both male and female partners.

e) The handover and receipt of marriage certificates shall comply with the provisions of Clause 3, Article 38 of the Law on Civil Status.
The marriage certificate is valid from the date recorded in the book and given to the parties.

f) If 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, they must carry out procedures for marriage registration from the beginning.

In order to save time to learn the procedures, filling out the form, notarizing, and waiting for the application to be submitted, you can contact HT for advice and support for the Marriage to foreigners service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454.