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PROCEDURES FOR REGISTRATION OF PARENTS AND CHILDREN WITH FOREIGN ELEMENTS

1. Procedures for registration of parents and children with foreign elements

Step 1: The person requesting registration of father, mother and child submits declarations and papers, objects or other evidence to prove paternity or mother-child to the civil registration agency, including:

+ Documents of health agencies, assessment agencies or other competent agencies and organizations in the country or abroad certifying paternity and mother-child relations.

+ In case there is no evidence proving the above-mentioned parent-child relationship, there must be a written affidavit of the parties receiving the father, mother and child, with at least two people witnessing the parent-child relationship.

In case of registration for adoption of father, mother and child between Vietnamese citizens and foreigners or between foreigners, foreigners must submit additional copies of passports or valid documents in place of passports to prove their identity.

Step 2: Within 15 days from the date of receipt of sufficient documents, civil servants performing civil status work shall verify and post the admission of fathers, mothers and children at the office of the district-level People’s Committee for 07 consecutive days;

At the same time, send a written request to the commune-level People’s Committee of the place of permanent residence of the recipient being a parent, child to be listed within 07 consecutive days at the office of the commune-level People’s Committee.

Step 3: The Justice Department shall report and propose the Chairman of the district-level People’s Committee to decide on the registration of father, mother and child, if deemed eligible, the Chairman of the district-level People’s Committee shall settle.

Step 4: When registering to receive fathers, mothers and children, the parties must be present; civil servants doing civil status work shall record them in the Civil Status Book, and sign the Civil Status Book with the parties.

The chairman of the district-level People’s Committee shall issue extracts to the parties.

2. Which agency has the authority to register the adoption of parents and children with foreign elements?

In Article 43 of the Law on Civil Status 2014,  there are provisions on the competence to register parents and children as follows:

Competence to register fathers, mothers and children

The district-level People’s Committees of the localities where the recipients are fathers, mothers and children reside shall register the adoption of fathers, mothers and children between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; between Vietnamese citizens who concurrently have foreign nationality and Vietnamese citizens or foreigners; between foreigners with each other that one or both parties permanently reside in Vietnam.

Thus, the district-level People’s Committee of the place of residence of the recipient being a parent, child is the competent agency to register the admission of fathers, mothers and children with foreign elements.

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Marriage and family issues

Contact us at:

Email: hue.truong@htlaw.vn

Phone: +84 935 439 454.

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DISPUTES OVER FAMILY MARRIAGE ARE SETTLED BY THE COURT

1. Disputes over family marriage are settled by the Court

According to Article 28 of the Civil Procedure Code 2015, disputes over family marriage under the jurisdiction of the Court include:

– Divorce, child custody disputes, division of property during divorce; division of property after divorce.

– Disputes over the division of joint property of spouses during marriage.

– Disputes over changes in direct custody of children after divorce.

– Disputes over the identification of a parent for a child or the identification of a child for a parent.

– Alimony disputes.

– Disputes over childbirth by assisted reproductive technology, surrogacy for humanitarian purposes.

– Disputes over child custody, division of property of men and women living together as husband and wife without marriage registration or when unlawful annulment of marriage.

– Other disputes over marriage and family, except for cases under the jurisdiction of other agencies or organizations as prescribed by law.

Thus, according to the above-mentioned provisions, cases falling under family marriage disputes fall under the jurisdiction of the Court.

2. How to determine how the Court resolves disputes over family marriage?

* Competence of district people’s courts

District-level People’s Courts shall have jurisdiction to settle according to the procedures of first instance civil, marital and family disputes specified in Articles 26 and 28 of the 2015 Civil Procedure Code, except for disputes over compensation for damages caused by improper application of administrative prevention measures in accordance with the provisions of competition law,  unless a claim for damages is settled in an administrative case.

(Point a, Clause 1, Article 35 of the Civil Procedure Code 2015)

* Competence of provincial people’s courts

Provincial-level People’s Courts shall have jurisdiction to settle according to the procedures of first instance civil, marriage and family, business, commercial and labor disputes specified in Articles 26, 28, 30 and 32 of the 2015 Civil Procedure Code, except for disputes under the jurisdiction of district-level People’s Courts;

Note: Provincial-level People’s Courts have jurisdiction to settle according to the procedures of first instance civil cases under the jurisdiction of district-level People’s Courts that provincial-level People’s Courts themselves take up for settlement when deeming it necessary or at the request of district-level People’s Courts.

(Point a, Clause 1, Clause 2, Article 37 of the Civil Procedure Code 2015)

* Jurisdiction of Courts by Territory

The territorial jurisdiction of the Court to settle civil cases is determined as follows:

– The court where the defendant resides or works, if the defendant is an individual or where the defendant is located, if the respondent is an agency or organization competent to settle according to the procedures of first instance civil, marital and family, business, commercial or labor disputes specified in Article 26,  28, 30 and 32 of the Code of Civil Procedure 2015;

– The litigants have the right to agree with each other in writing to request the Court of the plaintiff’s residence and work, if the plaintiff is an individual or where the plaintiff’s head office is located, if the plaintiff is an agency or organization to settle civil, marital and family disputes,  business, trade and labor specified in Articles 26, 28, 30 and 32 of the Civil Procedure Code 2015;

– The subject of the dispute is real estate, only the court where the real estate is located has jurisdiction to settle.

(Clause 1, Article 39 of the Civil Procedure Code 2015)

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Marriage and family issues

Contact us at:

Email: hue.truong@htlaw.vn

Phone: +84 935 439 454.

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HOW TO DIVIDE ASSETS AFTER DIVORCE UNDER THE LATEST 2024 REGULATIONS

1. What is the principle of division of property of spouses when divorced?

Accordingly, on the issue of property division will be divided according to the provisions of Article 59,  the 2014 Law on Marriage and Family specifies the principles of division as follows:

  • The principle of bifurcation (Clause 2, Article 59, Law on Family Marriage) but taking into account the following factors:

– The circumstances of the family and of the spouse;

– The contribution of spouses to the creation, maintenance and development of common property. The labor of spouses in the family is considered as paid labor;

– To protect the legitimate interests of each party in production, business and occupation so that the parties can continue to work to generate income;

– The fault of each party in violating the rights and obligations of spouses.

Thus, it can be simply understood that the principle of bifurcation is that each party gets half (1/2) of the value of property created during the marriage. However, the judge will consider other factors such as: Each party’s own circumstances, contributions, faults of the parties … That is, it is not rigidly applied that the bifurcation is 50:50% of the value of the asset, but it can be understood more flexibly that the split can be: 40:60 or 45:55% of the value of the assets created.  In fact, in special cases it is possible to divide the ratio: 70/30 or 80/20 is still considered legal and legal.

  • The principle of dividing common property in kind (It cannot be divided in kind to divide by value with payment of the difference in value). This principle is quite easy to understand, the law prioritizes dividing in kind first, not dividing in kind, then valuing it into money to divide, the party receiving the item has the value of paying back to the other party with the difference amount.
  • The principle that someone’s private property is owned by that person (except in cases where separate property has entered into common property. In case of a merger or mixing of separate property with common property, the non-recipient party will be paid the value of its assets contributed to that asset).

2. How to determine common property, separate property of spouses?

According to the provisions of Articles 33 and 43  of the 2014 Law on Marriage and Family, there are provisions on the determination of common and separate property as follows:

2.1 How to determine the separate property of spouses

Separate property of spouses is included in the following properties:

+ Assets that each person has before marriage: Based on the date of marriage registration, if such property exists before that date, it is in principle the separate property of the party in whose name owns that property.

+ Property inherited separately, gifted separately during the marriage period: Based on the form of inheritance separately, donated to Private to determine separate property.

+ Property is divided separately between spouses (according to Articles 38, 39 and 40 of the Law on Family Marriage 2014).

+ Assets serving essential needs of spouses and other assets as prescribed by law.

+ Profits and profits formed from someone’s private property are his or her own property.

2.2 How to determine joint property of spouses

According to Article 33 of the 2014 Law on Family Marriage, common property includes:

+ Assets created by spouses, income generated by labor, production and business activities, profits, income arising from separate property and other lawful income during the marriage period

+ Assets that husband and wife inherit jointly or are gifted jointly and other assets agreed upon by husband and wife are common property.

+ The land use right acquired by spouses after marriage is the joint property of the spouses, except for cases where the spouses inherit separately, are gifted separately or acquired through transactions with separate property.

+ Common assets of husband and wife are owned jointly and consolidated, used to ensure the needs of the family and fulfill the common obligations of the spouses.

+ In case there are no grounds to prove that the property that the spouses are disputing is the separate property of each party, such property is considered common property.

In short, with this provision, in principle, property formed during  marriage (from the date of marriage to the date of divorce or the death of one of the parties) is considered joint property if it cannot be proved that it is separate property. And according to the principles of division of property when divorcing in section 1 to settle if the couple cannot agree on a division with each other.

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Marriage and family issues

Contact us at:

Email: hue.truong@htlaw.vn

Phone: +84 935 439 454.

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How will child custody be resolved without a marriage registration?

1. Is it illegal to live together as husband and wife without registering your marriage?

According to Article 14 of the Law on Marriage and Family 2014 stipulates as follows:

Dealing with the consequences of men and women living together as husband and wife without registering their marriage

1. Men and women who are eligible for marriage under the provisions of this Law to live together as husband and wife without marriage registration shall not give rise to rights and obligations between husband and wife. Rights and obligations towards children, property, obligations and contracts between the parties shall be settled according to the provisions of Articles 15 and 16 of this Law.

2. In case a man and woman live together as husband and wife as prescribed in Clause 1 of this Article but then carry out the marriage registration in accordance with law, the marriage relationship shall be established from the time of marriage registration.
Currently, the marriage is voluntary of the two parties, but there is no stipulation that living together must register the marriage.

Therefore, current Vietnamese law does not prohibit men and women from living together without registering their marriage. Although there are no rights and obligations between husband and wife, between men and women living together as husband and wife without marriage registration, rights and obligations for children, property, …

2. How are common children resolved if they have not registered their marriage?

Article 15 of the 2014 Law on Marriage and Family stipulates:

Article 15. Rights and obligations of parents and children in cases where men and women live together as husband and wife without marriage registration.

Rights and obligations between men and women living together as husband and wife and children shall be settled in accordance with the provisions of this Law on the rights and obligations of parents and children.

Thus, if a man and a woman live together as husband and wife without registering their marriage, the joint custody of their children will still be settled in the same way as they have been married.

According to Article 81 of the Law on Family Marriage 2014 stipulates:

Article 81. The care, nurture and education of children after divorce

  1. After a divorce, parents still have the rights and obligations to look after, care for, nurture and educate their minor children, adult children who have lost their civil act capacity or are incapable of working and have no assets to support themselves in accordance with this Law, The Civil Code and other relevant laws.
  2. Spouses agree on the direct custody of children, obligations and rights of each party after divorce for children; in case of failure to reach an agreement, the Court shall decide to assign the child to a direct custody party based on the child’s interests in all aspects; If your child is at least 07 years old, your child’s wishes must be considered.
  3. Children under 36 months old shall be entrusted to their mothers for direct custody, unless the mother is not qualified to directly look after, care for, nurture or educate the child or the parents have other agreements suitable to the interests of the child.

 

Accordingly, the Court will consider the following factors to determine who is the direct custodian of the child:

+ The court decides to assign the child to a direct custody party based on the interests in all aspects of the child; If your child is at least 07 years old, your child’s wishes must be considered.

+ Children under 36 months old shall be assigned to their mothers for direct custody, if the mother is not qualified to directly look after, care for, nurture and educate their children, they will directly hand them over to the father to raise the child or prioritize the agreement of the parties if it is beneficial for the child.

Note: The wishes of children aged 7 years and older when deciding who to live with is only one of the factors for the court to consider the decision to assign the child directly to custody. The court must consider a range of other factors comprehensively to make a final decision. This decision is based on the best interests of the child and the appropriateness of the future upbringing of the child.  

The rights and obligations of parents towards their children are very important, even if the parents do not have a marital relationship. Parents need to ensure that they are responsible and care about the development and education of their children later on. The relationship between father, mother and child is a sacred and noble relationship, so ensuring and maintaining this good value is contributing to ensuring the culture and fine customs of the nation, and at the same time contributing to the implementation of the State’s legal policies.

 

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Marriage and family issues

Contact us at:

Email: hue.truong@htlaw.vn

Phone: +84 935 439 454.

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IS SAME-SEX MARRIAGE RECOGNIZED OR NOT?

I. Same-sex marriage and the situation of recognition of same-sex marriage in the world

Same-sex marriage is a marriage between two people of the same sex, that is, two people of the same biological sex. This means that two people in a marital relationship are both male or both female.

Same-sex marriage is considered part of homosexual rights, which remains controversial to this day. There are many countries that have recognized same-sex people in general and their rights, especially same-sex marriage rights in particular, such as Canada, Netherlands, Belgium, Spain, UK, USA, …

However, on the contrary, there are many countries in the world that do not recognize or have not recognized same-sex marriage, and even punish homosexuals, typically Muslim countries in the Middle East, Africa, and other countries. Asian countries such as Iran, China, India, Indonesia, Eastern European countries such as Russia, Belarus, etc. Vietnam is one of the countries that does not recognize same-sex marriage.

II. Is same-sex marriage recognized in Vietnam?

Currently, in Vietnam, experts estimate that by 2023, in Vietnam it is estimated that there will be about 3-5% of the total population of homosexuals of all ages, of which the number of homosexuals is between the ages of 20 to 40 – the most common age for marriage.

Previously, marriage between people of the same sex was prohibited according to Clause 5, Article 10 of the 2000 Law on Marriage and Family, and the person who committed this act was even subject to administrative fines:

“Article 10. Cases where marriage is prohibited

…

5. Between people of the same sex.”

However, in the 2014 Law on Marriage and Family, the 2015 amendments prohibiting marriage between homosexuals were canceled and revised in Clause 2, Article 8:

“The state does not recognize marriage between people of the same sex.”.

Although the State still does not recognize same-sex marriage, this amendment demonstrates the progress of the Law on Marriage and Family, meaning that the act of marriage between people of the same sex is not a prohibited act. and therefore there will be no penalty for doing so.

Is same-sex marriage recognized or not? - htlaw

III. The legal reason same-sex marriage is not recognized in Vietnam

There are many reasons for not recognizing same-sex marriage, such as factors in national history, customs and traditions, family culture, non-recognition by the majority of society… But when considering from a legal perspective, the reason can be seen from the 2013 Constitution of Vietnam. In Clause 1, Article 36 of the 2013 Constitution:

“Men and women have the right to marry and divorce. Marriage follows the principles of voluntariness, progress, monogamy, husband and wife equality, and mutual respect.”.

Thus, the Constitution – the document with the highest legal value – stipulates that one of the principles of marriage is one wife, one husband, meaning there must be two different genders to have the right to marry and divorce. kiss.

At the same time, in the 2014 Law on Marriage and Family, amended and supplemented in 2015, it is also noted in Clause 5, Article 3 that: “Marriage is the establishment of a husband and wife relationship by a man and a woman according to the provisions of the Law this is about marriage conditions and marriage registration.”. That means only men and women can get married.

From there, it can be seen that in order to recognize the issue of same-sex marriage, the entire legal system needs to change, starting with the highest legal document, the Constitution. Recognition of same-sex marriage is still controversial because it can change the structure, the most basic component, the nucleus of a society – the family.

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance with Marriage and family.

Contact us at:

Email: hue.truong@htlaw.vn

Phone: +84 935 439 454.

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Procedure for Disowning a Child

I. Conditions for Disowning a Child

Based on clause 2, Article 89 of the 2014 Marriage and Family Law, a person believed to be the parent of someone has the right to request the Court to determine that the individual is not their child:

“A person recognized as the parent of someone may request the Court to determine that the individual is not their child.”

Based on clause 2, Article 88 of the 2014 Marriage and Family Law: “In cases where the parents do not acknowledge the child, evidence must be provided and it must be determined by the Court.” Therefore, if someone is considered a parent, they must prove that they are not the parent of the child if they do not wish to acknowledge the child.

Specifically, based on the spirit of Resolution No. 02/2000/QN-HĐTP dated December 23, 2000, issued by the Council of Judges of the Supreme People’s Court, which states: “…when someone requests the Court to determine whether a particular individual is their child or not, there must be evidence; therefore, in principle, the requester must provide evidence. In necessary cases, genetic testing may be required. The requester of genetic testing must pay the testing fee.”

Therefore, the condition for someone not to acknowledge a child (whom the law has determined to be their parent) is that the child is not their biological child, and there must be evidence proving that they are not the parent of the child. This must be determined and recognized by the Court.

Procedure for Disowning a Child - htlaw

II. Procedure for Disowning a Child by Parents

Parents have the absolute right to refuse to acknowledge a child if that child is not biologically theirs. In this case, the steps to disown the child are as follows:

Step 1: Gather evidence proving that the child is not theirs

Parents need to provide valid evidence that they are not the biological parents of the child. There are several ways to do this, but the most common and convincing method is through DNA testing, comparing the child’s DNA with that of the alleged parents. Parents can visit hospitals or medical centers that offer DNA testing services for examination and sample collection.

Step 2: Prepare the documents

After determining that the child is not biologically theirs, you need to prepare the following documents:

– A request to disown the child

– The evidence prepared in Step 1

– Identification documents of the requester

– Divorce decree (if applicable)

Step 3: Submit the documents and await the Court’s jurisdiction

According to Article 32 of the 2015 Civil Procedure Code, cases related to determining parental status fall under the jurisdiction of the district-level courts. Therefore, the requester who wishes to disown the child should submit the documents to the district-level court where they are residing or temporarily residing.

Within the specified time frame, the Court will take jurisdiction over your request.

Step 4: Receive the result

The requester seeking to disown the child will receive the result after the Court issues a decision regarding the request.

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance with family matters

Contact us at:

Email: hue.truong@htlaw.vn

Phone: +84 935 439 454.

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If parents divorce, do they have the right to change their child’s last name in Vietnam?

I. Parents' right to change their child's last name

According to point a, clause 1, Article 27 of the 2015 Civil Code, biological parents have the right to change the last name for their child from the father’s last name to the mother’s last name or vice versa:

“Individuals have the right to request the competent state authority to recognize the change of surname in the following cases:

a) Change of last name for the biological child from the father’s last name to the mother’s last name or vice versa;

…”

However, after divorce, either the father or mother may be granted custody of the child and may therefore desire to change the child’s last name to their own. In this case, the unilateral change of the child’s last name is a practical necessity, and whether this can be done or not will be addressed as follows.

If parents divorce, do they have the right to change their child's last name in Vietnam? - htlaw

II. Is it possible to unilaterally request a change of surname for the child?

According to Clause 1, Article 7 of Decree 123/2015/ND-CP guiding the Law on Civil Status:

“Changing the last name, middle name, or first name for individuals under 18 years old, as stipulated in Article 1 of Article 26 of the Citizenship Law, requires the consent of the parents, which must be clearly expressed in the Declaration; for individuals aged 9 and above, their consent is also necessary.”

Therefore, if the child is under 18 years old, the parents need to reach an agreement on the name change, which must be clearly stated in the declaration. For individuals aged 9 and above, their consent is also required.

Even after divorce and the completion of marital obligations, including property division, the responsibilities of parents towards their children still exist. Therefore, when wanting to change a personal matter for a child, especially their name, the consent of both the father and mother is required, and it may also involve the child if they are of a legal age as prescribed by law.

As a result, a parent cannot unilaterally change the child’s name without the consent of the other parent and, if applicable, the child’s consent.

III. The procedure for changing the last name for a child

In accordance with Article 28 of the Law on Civil Status, the procedure for changing the last name for a child will be carried out as follows:

Step 1: Submit a declaration in the prescribed form and related documents to the citizenship authority.

Step 2: Receive the result

Within a period of 3 working days from the date of receiving all the required documents as stipulated in paragraph 1 of this Article, if it is found that the change or correction of citizenship is justified, in accordance with the provisions of civil law and related laws, the judicial officer – citizenship official shall record it in the Citizenship Register. They will also sign the Citizenship Register along with the applicant and submit a summary report to the Chairman of the People’s Committee at the commune level for the applicant.

In cases requiring verification, the time limit may be extended for no more than 3 additional working days.

    To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance with child matters after divorce

Contact us at:

Email: hue.truong@htlaw.vn

Phone: +84 935 439 454.

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UNILATERAL DIVORCE PROCEDURES WITH FOREIGN ELEMENTS IN VIETNAM

Unilateral divorce procedures with foreign elements in Viet Nam - Htlaw.vn

I. The concept of unilateral divorce.

Under Clause 14, Article 13 of the Law on Marriage and Family 2014 explains the term divorce as follows:

“Divorce is the termination of a conjugal relationship according to a legally enforceable judgment or decision of the Court.”

At the same time, under Clause 25, Article 3 of the Law on Marriage and Family 2014, the explanation of marriage relations with foreign elements is as follows:

“Marriage and family relations with foreign elements are marriage and family relations in which at least one party is a foreigner or overseas Vietnamese; marriage and family relations between the parties are Vietnamese citizens but the grounds for establishing, changing or terminating such relations according to foreign laws, arising abroad or assets related to such relations abroad.”

Thus, it can be understood that unilateral divorce with foreign elements is the fact that one spouse has a request for divorce in which at least one party is a foreigner or a Vietnamese residing abroad. Marriage and family relations between the parties are Vietnamese citizens but grounds for establishing, changing, or terminating such relations according to foreign laws, arising abroad, or assets related to such relations abroad.

II. Competence to settle.

Under Clause 2, Article 123 of the Law on Marriage and Family 2014, there are the following provisions:

“The competence to settle marriage and family cases involving foreign elements at the Court shall exercise by the Code of Civil Procedure provisions.”

Accordingly, the Code of Civil Procedure will govern the competence to settle marriage cases, including consent to divorce with foreign elements.

Clause 1, Article 37 of the Civil Procedure Code 2015 stipulates as follows:

“Provincial-level People’s Courts shall have jurisdiction to settle according to the procedures of the first instance the following cases:

a) Civil, marriage and family, business, commercial and labor disputes specified in Articles 26, 28, 30, and 32 of this Code, except for disputes falling within the jurisdiction of district-level People’s Courts specified in Clauses 1 and 4, Article 35 of this Code;

b) Civil, marriage and family, business, commercial and labor requirements specified in Articles 27, 29, 31, and 33 of this Code, except for requests falling under the jurisdiction of district-level People’s Courts specified in Clauses 2 and 4, Article 35 of this Code;

c/ Disputes and requests specified in Clause 3, Article 35 of this Code.”

Therefore, according to regulations, unilateral divorce cases with foreign elements will be handled by competent provincial-level people’s court agencies.

III. Unilateral divorce proceedings involving foreign elements.

Under Clause 1, Article 53 of the Law on Marriage and Family 2014 stipulates as follows:

“The court accepts the petition for divorce by the law on civil procedure.”

Thus, unilateral divorce proceedings involving foreign elements in Vietnam that are required to be settled in Vietnam will be applied according to the procedures in the current Civil Procedure Code of Vietnam.

Divorce procedures for foreigners in Vietnam are settled in the following order:

Step 1: File a lawsuit for divorce at the competent province/city;

Step 2: After receiving the petition with a valid dossier, the Court shall notify the payment of advance court fees;

Step 3: Pay the advance court fee at the competent civil judgment enforcement agency and return the receipt of the advance court fee to the Court;

Step 4: The court will convene and conduct procedures by the law.

IV. Time for settling unilateral divorce proceedings involving foreign elements

In the provisions of the Law on Family Marriage 2014 and the Civil Procedure Code 2015, there is no provision on how long it takes to settle a divorce case with foreign elements.

Based on the order of court proceedings as well as HT’s experience in settling in the field of marriage and family, the time to settle divorce cases with foreigners will usually take place as follows:

The period of unilateral divorce has foreign elements.

– The first instance level ranges from 04 to 06 months (if the defendant is absent, there is a property dispute, or other issues, it may take longer).

–  Appellate level from 3 to 4 months (if there is an appeal).

– In case of divorce in absentia, the period ranges from 12 to 24 months (due to judicial fiduciary procedures).

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

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GENERAL PROVISIONS ON MARRIAGE CONTRACT AND CONDITIONS ON EFFECT OF CONTRACT

I. Definition

Since the Law on Marriage and Family 2014 took effect, besides the statutory property regime, there is also a parallel regime, which is called “Matrimonial property regime according to agreement”.

Specifically, the matrimonial property regime according to agreement has not yet been defined by the legislator, but it can be understood as a set of rules governing property relations between husband and wife during the marriage period.

Regarding the time of establishment: Must be made before marriage registration.

Regarding the effective time: Being effective from the time of marriage registration.

Regarding the form: Notarized or authenticated document form.

II. Basic contents of a matrimonial property regime according to agreement

The basic contents of an agreement on the property regime include:

“a) Property determined as common property and separate property of the husband and wife;

b) Rights and obligations of the husband and wife toward common property, separate property and related transactions; property to meet the family’s essential needs;

c) Conditions, procedures and principles of property division upon termination of the property regime;

d) Other related contents”.

About the property, detailed agreements include one of the following:

“a) Matrimonial property includes common property and separate property of husband and wife;

b) Husband and wife have no separate property and all property a spouse has before marriage or during the marriage period is common property;

c) Husband and wife have no common property and all property a spouse has before marriage and during the marriage period is separate property of that spouse; or

d) Other different agreement”.

Attention: For matters arising in the implementation of the agreed property regime which have not been agreed or unclearly agreed by husband and wife, Articles of Law on Marriage and Family 2014 and corresponding provisions of the statutory property regime shall apply.

General provisions on marriage contract and conditions on effect of contract - htlaw.vn

III. Cases in which the matrimonial property regime according to agreement is invalid

Pursuant to Article 50, Law on Marriage and family, an agreement on the matrimonial property regime shall be declared to be invalid by a court when

Firstly, failing to comply with the validity conditions of the transaction specified in the Civil Code and other relevant laws.

Pursuant to Article 117, Civil code 2015:

“1. A civil transaction takes effect when meeting following conditions:

a) Participants in the transaction have legal personality and/or legal capacity in conformity with such transaction;

b) Participants in the transaction act entirely voluntarily;

c) The purpose and contents of the transaction are not contrary to the law and/or social ethics.

The forms of civil transactions shall be the conditions for its effectiveness in cases where it is so provided for by law”.

Moreover, according to Clause 1, Article 8, Law on Marriage and family 2014:

“1. Boys and girls can get married when meeting following conditions:

a) The man is full 20 years or older, the woman is full 18 years or older;

b) The marriage is voluntarily decided by the man and woman;

c) The man and woman do not lose the civil act capacity;

d) The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law”.

To sum up, in the event that a man and woman who are under the age of marriage have an agreement on the matrimonial property regime, this agreement will be void. Because one of the parties does not have full civil legal capacity.

Secondly, the agreement on the property regime of husband and wife is violated in one of the provisions of Articles 29, 30, 31 and 32 of the Law on Marriage and family 2014.

It violates principles as following:

1. Husband and wife have equal rights and obligations in the creation, possession, use and disposition of their common property without discrimination between housework labor and income-generating labor.

2. Husband and wife have the obligation to ensure conditions for meeting their family’s essential needs.

3. When the performance of property rights and obligations of husband and wife infringes upon lawful rights and interests of the wife, husband, their family or other persons, compensation shall be paid.

4. Husband and wife have the right and obligation to make transactions to meet their family’s essential needs.

5. The establishment, making and termination of transactions related to the home being the sole domicile of husband and wife shall be agreed by both of them. In case the home is under the separate ownership of the husband or wife, the owner has the right to establish, make and terminate transactions related to that property but shall ensure domicile for the couple.

6. In transactions with third parties in good faith, the spouse who is the holder of the bank or securities account shall be regarded as the person having the right to establish and make transactions related to that property. In transactions with third parties in good faith, the spouse who is possessing a movable asset which is not required by law to be registered for ownership shall be regarded as the person having the right to establish and make transactions related to that asset in case there are rules on protection of third parties in good faith;

Thirdly, Its contents seriously infringe upon the rights to be supported and inherit and other lawful rights and interests of parents, children and other family members”.

Therefore, by these provisions, there can be above three reasons for the Court to declare an agreement on the property regime between husband and wife is void.

IV. Matrimonial property regime according to agreement in case annulment of illegal marriage or cohabiting as husband and wife without marriage registration

Pursuant to Clause 3, Article 12 and Article 16, Law on Marriage and family, in case of annulling illegal marriage, the legal consequence is similar:

“1. Property relations, obligations and contracts between a man and woman cohabiting as husband and wife without marriage registration shall be settled under the partners’ agreement. In case there is no agreement, they shall be settled in accordance with the Civil Code and other relevant laws.

2. The settlement of property relations must ensure lawful rights and interests of women and children. Housework and other related work to maintain the cohabitation shall be regarded as income-generating labor”.

Regarding personal relations: The State will not recognize two people who are illegally married as husband and wife. Therefore, between them, there are no rights and obligations. From the date on which the court’s decision on the annulment of an illegal marriage takes legal effect, the two married parties must terminate their relationship as husband and wife.

Regarding the relationship of property, obligations, and contracts between the two parties in an illegal marriage: Because the illegal marriage is annulled, the two cannot be recognized as husband and wife. Therefore, the property relations, obligations, and contracts between them are settled as in the case of male and female cohabiting as husband and wife.

According to the provisions of the Civil Code 2015, the private property of each party will belong to that person, but the person with the separate property must prove that it is his/her own property. If the person having separate property cannot prove that it is their own property, this property is determined to be the common property of the two people.

Rights and obligations between parents and children: The court’s annulment of an illegal marriage does not affect the rights and obligations of parents towards their children. Because the rights and obligations between parents and children are regulated by law regardless of the legality of the marital relationship between parents. The rights and obligations of parents and children shall be settled according to provisions on rights and obligations of parents and children upon divorce.

       To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Law on Marriage and Family.

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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.

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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.

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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.

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    • Phone number: +84 935 439 454. 
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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.

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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.

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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.

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    • Email: hue.truong@htlaw.vn
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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.