Contents
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.
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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