News on the Procedure of Marriage Registration with Foreign Element

 Vietnam law recently has some new regulations on the procedure of marriage registration with foreign element in Vietnam.

According to the Civil Status Law, the changes in the marriage registration with foreign element entered into force on January 1st 2016.

The new Civil Status Law has strongly decentralized for local government with the provision that the District People’s Committee will settle all the civil registration with foreign elements (including the registration of marriage with foreign elements).

The allocation to the District’s People’s Committee to settle the marriage registration record with foreign element will prevent the situation that all marriage registration records are submitted at the Department of Justice causing overloading.

Regarding marriage registration procedure, the new law has also gave up the interview section, shortening the execution time of marriage registration procedure with foreign elements to about 15 days (down by half compared to before).

Other civil procedures are allocated to Commune People’s Committee. This regulation aims to maximize the capacity and responsibility of local authorities, towards long-term goal is to thoroughly competent decentralized the civil registration for local authorities when conditions allow.

Specify as follows:

Article 37. Competence in marriage registration

1. The District People’s Committee, where residence of Vietnam citizen conducts marriage registration between Vietnam citizen and foreigner; between Vietnam citizen resident in the country and Vietnam citizen residing abroad; between Vietnam citizens residing abroad together; between Vietnam citizen at the same time has foreign nationality and Vietnam citizen or foreigner.

2. In case of foreigner residing in Vietnam may request for marriage registration in Vietnam, the District People’s Committee where residents of one of the two parties will implement the marriage registration.

Article 38. The procedure for marriage registration

Both parties submitted the declaration in the prescribed form and the health certificate issued by the foreign or Vietnam competent medical organization, confirming that the person is not suffering from mental or other diseases which is not capable of receiving knowledge, mastering his behavior for civil status registration authority.

Foreigner, Vietnam citizen residing abroad have to submit proof of marital status, copy of passport or valid documents replacing passport.

Within 15 days of receipt of all documents as specified in Paragraph 1 of this Article, the civil servant is responsible for verification, if found eligible for marriage registration as stipulated by law, the Chamber of Justice will report to the Chairman of District People’s Committee to resolve.

In the process of marriage registration, both parties must present at the headquarter of the People’s Committee, the civil servant will consulting the two parties, if the parties voluntarily to register for marriage, the marriage will be noted in the civil status book, then two parties sign on the civil status book. Finally, both parties sign on the marriage certificate.

Chairman of the District People’s Committee awards the certificate of marriage for both parties.

The Government regulates to provide additional papers in the marriage registration record, the interview and verify the purpose of marriage when settling the marriage registration requirement; procedure for granting certificate of marital status for Vietnam citizen to get married with foreigner in the competent bodies of foreign countries in order to ensure the rights and legitimate interests of the parties.