Consultancy service for marriage registration with foreign elements in Vietnam
1. Consultancy service for marriage registration with foreign elements in Vietnam
Marriage with foreign elements is one of the issues that have been of special interest to the public. We, as a legal consulting firm, undertake to assure the legality for clients regarding the registration of marriages with foreigners in Vietnam.
Consultancy service for marriage registration with foreign elements in Vietnam 1900.633.390
Marriage conditions must comply with the following provisions
– Men aged 20 and over, women aged 18 and over;
– The marriage is voluntarily decided by both men and women, neither party is forced or deceived; no one is forced or hindered;
– The marriage does not fall into one of the cases of marriage ban
Order of procedures for marriage registration with foreigners:
– When applying for marriage registration, both parties must be present. Where there is an objective reason that a party cannot be present, there must be an absent letter and authorization letter for the other party to submit the file. Do not accept the submission of marriage registration documents through a third party.
– Within 20 days after receiving complete and valid dossiers and fees, the provincial/ municipal Department of Justice shall:
+ Make a face-to-face interview at the office of the Department of Justice for both men and women to check and clarify their willingness to marry, their ability to communicate in the common language and their level of understanding each other’s circumstances.
+ To post the marriage for seven consecutive days at the office of the provincial/ municipal Department of Justice and post it up at the commune-level People’s Committee of the locality where the involved person is a Vietnamese citizen or the place of permanent residence of the foreigner in Vietnam.
+ Studying and examining the marriage registration dossiers. In case of suspicion or complaint, denouncing or finding that there is a need to clarify the person’s identity or paper in the marriage registration dossier, the provincial/municipal Department of Justice shall conduct the verification and clarification;
+ Report on the results of interviews with the involved parties, examine the marriage dossiers and propose the settlement of the marriage registration, and submit it to the provincial-level People’s Committee for decision together with 01 set of the marriage registration dossier. If there is a problem to be verified under the function of the police office, the verification time is 20 days from the date of receiving the official dispatch of the Department of Justice;
– The marriage registration ceremony is organized within 7 days from the date the provincial People’s Committee president signs the marriage certificate. When organizing the marriage registration ceremony, there must be both men and women side. Representatives of the Department of Justice presided over the marriage ceremony, requesting the two sides to announce their final intention to voluntarily marry. If the two parties agree to get married, the representative of the provincial/ municipal Department of Justice shall record the marriage into the marriage registration book, request each party to sign the marriage certificate, the marriage registration book and transfer it to each spouse 01 original marriage certificate.
Procedures for carrying out procedures for marriage with foreigners:
Both men and women must submit dossiers directly. In cases where a party is sick due to illness, occupation or other valid reasons but cannot be present to directly submit the dossier, he/she shall have to authorize the other person to file the dossier instead. The reason for the absence must be validly certified.
Profile component:
– The marriage registration declaration (made according to a set form); – The marriage status certificate of each party issued by a competent agency of the country of which the applicant is a citizen has been issued for not more than 6 months up to the date of receipt of the dossier, confirm that he/ she does not has a wife or husband. In cases where the law of the country where the marriage applicant is a citizen does not provide the certificate of marital status, he/ she can replace the written certification of the marital status with the affidavit that they are not married or unmarried, in accordance with the laws of that country;
– A certificate issued by a competent Vietnamese or foreign health organization not exceeding 6 months, up to the date of receipt of the dossier, certifying that the person is not suffering from mental illness or other illness that makes them cannot aware, master of their behavior;
– A notarized or authenticated copy of identity card (for Vietnamese citizens in the country), passport or substitute paper such as laissez-passer or residence card (for foreigners and citizens) Vietnam resides overseas);
– A notarized or certified copy of household registration book or certificate of collective residence or temporary residence certificate (for Vietnamese citizens in the country), permanent residence card or temporary residence card or a certificate of temporary residence (for foreigners in Vietnam).
– Apart from the above-mentioned papers, Vietnamese citizens currently serving in armed forces or working directly related to State secrets must submit the written certifications of agencies or organizations to manage a branch at the central or provincial level, certify that the person married to a foreigner does not affect the protection of the State secrets or in contravention of the regulations of that branch.
If you want to use the service of registering for marriage with foreigners in the northern area please call 1900.633.390 for advice on using the service.
2. What is marriage with foreign factor?
1. In the marriage between a Vietnamese citizen and a foreigner, each party must abide by the law of his / her country regarding marriage conditions; If the marriage is conducted at a competent Vietnamese state agency, the foreigner must also comply with the provisions of this Law on the marriage conditions.
The marriage of foreigners in Vietnam before the competent Vietnamese agencies must comply with the provisions of this Law on the marriage conditions.
2. It is strictly forbidden to take advantage of marriage involving foreign elements for the trafficking of women, sexual abuse of women or other benefit purposes.
3. Prohibiting case of the marriage registration?
How do the law of the Socialist Republic of Vietnam stipulate the cases of refusal of marriage registration involving foreign elements?
According to Article 12 of the 24/2013/NĐ-CP detailing the implementation of a number of articles of the Marriage and Family Law on the marriage and family relations involving foreign elements, the marriage registration shall be refused in the following cases:
a) One or both parties are under the age of marriage under the provisions of Vietnamese law;
b) The marriage party is a foreign citizen who fails to meet the marriage conditions under the law of the country of which he/she is a citizen or a permanent resident of a stateless person;
c) The marriage is not decided by men and women;
d) There is deception, coercion;
e) One or both marriage partners are persons who are currently married or have been married;
f) One or both of the marriage partners are persons who have lost their civil act capacity;
g) The marriage partners are persons of direct bloodline or relatives within three generations;
h) Married couples who are or have been adopted fathers and/or fathers, fathers and/or daughters-in-law, stepchildren and stepchildren, stepfathers and stepchildren of stepchildren and stepchildren;
i) Married couples of the same sex (men married to men and women married to women).
The registration of marriage is also refused, if the results of the interview and verification show that the marriage through illegal brokerage; Fake marriage is not aimed at building a prosperous, equitable, progressive, happy and sustainable family; The marriage does not conform to the fine customs of the nation; Taking advantage of the marriage for the purpose of trafficking in women, sexual abuse of women or for other self-seeking purposes.
CONTACT FOR SUPPORT
Add: No. 21A, Lane 158, Nguyen Khanh Toan, Quan Hoa, Cau Giay, Hanoi
Add: 469/1/68, Ward 6, Go Vap District, Ho Chi Minh City
Online legal consultancy office and appointment for a consultation at the office: 1900.633.390
Look forward to cooperation with clients!
Best regards.
