Chương 2: Nghị định 24/2013/NĐ-CP Kết hôn

Chapter 2.

MARRIAGE

SECTION 1. MARRIAGE REGISTRATION

Article 6. Competence of marriage registration

1. The provincial People’s Committees of the localities where Vietnamese citizens permanently reside shall register the marriages between Vietnamese citizens and foreigners, between Vietnamese citizens with each other which at least a party resides overseas. In cases where Vietnamese citizens have not got or not yet got permanent residence registration but have already registered their temporary residence according to the law provisions on residence, the provincial-level People’s Committees of the localities where the Vietnamese citizens temporarily reside shall register their marriages.

2. In cases where foreigners apply for marriage with each other in Vietnam, the provincial-level People’s Committees of the localities where either of them permanently resides shall register the marriage; in cases both of them have not got permanent residence registration in Vietnam, the provincial-level People’s Committees of the localities where either of them temporarily resides shall register the marriage.

3. The representative agencies shall register the marriages between Vietnamese citizens and foreigners, if the registration is not contrary to law of host country; in case where Vietnamese citizens residing abroad marry with each other, the representative agencies shall register the marriages if they request.

Article 7. Dossier of marriage registration

1. A dossier of marriage registration is made into 01 set, including the following papers of each party:

a) The marriage registration declaration (made according to a set form);

b) The written certification of marital status or marriage registration declaration with certification of marital status of Vietnamese citizens, issued within 6 months to the date the dossier is received; documentary evidence on marital status of foreigners, issued by a competent agency of the country of which the applicant is a citizen, within 6 months to the date the dossier is received, stating that such applicant is currently in status of no wife or no husband;

In cases where foreign laws do not prescribe the certification of marriage status, it can be replaced by the certification of oath taken by the applicant that he or she concurrently has no wife or husband, in accordance with the laws of those countries;

c) The health certificate granted by a Vietnamese or foreign competent health organization within 6 months to the date of receiving the dossier, certifying that such person does not suffer from mental diseases or other diseases which make a person incapable to aware or control his/her acts;

d) The copies of one of personal papers, such as identity card or passport (Vietnamese citizens staying in the country), passport or papers of substitute value such as travel document or residence card (for foreigners or Vietnamese citizens staying overseas);

e) The copies of the household registration book, the temporary residence book (for Vietnamese citizens staying in the country); permanent residence card, temporary residence card or temporary residence certificate (for foreigners residing temporarily or permanently in Vietnam wish to marry each other).

2. In addition to the papers prescribed in Clause 1 of this Article, depending on each specific case, the marriage partners shall also have to submit the following corresponding papers:

a) For Vietnamese citizens being on service in the armed forces or performing jobs directly related to State secrets, they must submit the certification by their managing agencies or organizations of the central or provincial level that their marriages with foreigners do not affect the protection of State secrets or do not contravene the regulations of those branches;

b) For persons who have already been divorced at foreign competent agencies, they must submit the written confirmation that the divorce which carried out abroad have been recorded in civil status book as prescribed by law of Vietnam.

c) For Vietnamese citizens who concurrently have foreign nationality, they must also have documentary evidence on marriage status granted by foreign competent agencies;

d) For foreigners who not reside permanently in Vietnam, they must have written confirmation by foreign competent agencies that such persons are eligible for marriage according to law of that country;

e) For foreigners who have already been divorced with Vietnamese citizens at foreign competent agencies, they must submit the written confirmation that the divorce which carried out abroad have been recorded in civil status book as prescribed by law of Vietnam.

3. Based on specific conditions, the Minister of Justice shall stipulate on supplementation of written confirmation by the center of advisory and assistance for marriage and family involving foreign elements that Vietnamese citizens have been given advice, assisted on for marriage and family involving foreign elements in dossier of marriage registration aiming to meet the state management requirement on marriage and family involving foreign elements.

Article 8. Procedures for submission, reception of dossiers

1. Dossier of marriage registration shall be directly submitted by one of two parties at provincial Department of Justice if perform marriage registration in Vietnam or at representative agencies if perform marriage registration at representative agencies.

2. The officer receiving dossier shall check papers in dossier, if dossier is full and valid, the officer shall make a receipt of dossier, clearly stating day of interview and day of returning result.

If dossier is insufficient and invalid, the officer receiving dossier shall guide both marriage partners to supplement, complete dossier. The written guidance must clearly and fully specify types of paper which need be supplemented and completed; the officer receiving dossier shall sign, clearly write full name and hand over it to the applicant. Time limit to settle the marriage registration is calculated from day of receiving full valid dossier and fee.

In case where the applicant submits dossier improperly to competent agencies as prescribed in Article 6 of this Decree, the officer receiving dossier shall guide such person to come competent agencies for submission of dossier.

3. The procedures for receiving dossiers specified in clause 2 of this Article shall also apply to receipt of dossier of registration on recognition of fathers, mothers or children; grant of confirmation on marriage status, recognition of marriages, recording in the civil status books recognition of fathers, mothers and children as prescribed in this Decree, except for provision on writing day of interview.

Article 9. Time limit to settle the marriage registration

Time limit to settle the marriage registration is 25 days as from the date the provincial Justice services receive the complete and valid dossiers and fees. In case the provincial Justice services request police agencies for verification as prescribed in clause 2 Article 10 of this Decree, the time limit may be prolonged but not exceeding 10 working days.

Time limit to settle the marriage registration at representative agencies is 20 days as from the date the representative agencies receive the complete and valid dossiers and fees. In case the representative agencies request domestic agencies for verification as prescribed in clause 2 Article 13 of this Decree, the time limit may be prolonged but not exceeding 35 days.

Article 10. The order to settle the marriage registration in Vietnam

1. Within 15 days as from the date of receiving the complete and valid dossiers as well as fees, the provincial/municipal Justice Services have the responsibility:

a) To implement the direct interview at head office of provincial Justice Service for both marriage partners in order to check, clarify personal matter, voluntary marriage and extent of understanding each other of both marriage partners. In case translator for interview is necessary, the provincial Justice Service shall appoint translator.

The interview result must be made in writing. The interviewer must clearly state his/her opinions and proposals and sign on the interview document; the translator (if any) must commit that content of review has been translated exactly and sign on the interview document.

If the interview result shows that two parties fail to understand status of each other, the provincial Justice Service shall make an appointment for re-interview; the next interview shall be performed 30 days after the preceding interview.

b) To study and verify the marriage registration dossiers. In cases where there is any doubt, complaint or denunciation that the marriages through illegal brokerage, make sham marriages, take advantage of the marriage for the purpose of human trafficking or for other self-seeking purposes or where they deem that the personal identification of both marriage partners or papers in the marriage registration dossiers need to be clarified, the provincial Justice Services shall conduct the verification for clarification.

2. In case where considering that the problem which needs to be verified fall in function of police agencies, the provincial Justice Services shall issue Official Dispatch clearly stating issues in need of verification, enclosed with copy of 01 set of marriage registration dossier (copies not require for authentication) and send it to the police agencies of same level for verification request.

Within 7 working days, after receiving Official Dispatch of provincial Justice Services, police agencies shall implement verification of issues as required and reply in writing to the provincial Justice Services.

3. After interviewing both marriage partners, studying and verifying the marriage registration dossiers, opinions of police agencies (if any), the provincial Justice Services shall report result and propose settlement of marriage registration to submit to provincial People’s Committees for decision, enclosed with 01 set of marriage registration dossier.

Within 05 working days, after receiving the written submission of the provincial Justice Service together with the marriage registration dossier, if considering that both marriage partners meet conditions of marriage, not fall in cases of refusal for marriage registration specified in Article 12 of this Decree, the President of the provincial People’s Committee shall sign certificate of marriage and return dossier to the provincial Justice Service for holding the ceremony for marriage registration.

In case refusal for marriage registration, provincial People’s Committees shall have a document clearly stating reason thereof and send it to the provincial Justice Service in order to notify both marriage partners.

Article 11. Ceremonies for marriage registration in Vietnam 

1. Within 05 working days, after the President of the provincial People’s Committee signs the marriage certificate, the provincial Justice Service shall hold ceremony for marriage registration.

2. The marriage registration ceremony shall be solemnly organized at the office of the provincial Justice Service. When the marriage registration ceremony is held, both marriage partners must be present. The representative of the provincial Justice Service shall preside over the ceremony, requesting both parties to state their final intention on voluntary marriage. If they agree to marry each other, the representative of the Justice Service shall record the marriage in the marriage registers, requesting each party to sign on the marriage certificate, the marriage register and hand over the original marriage certificate to the husbands and wives, each with one certificate.

3. The marriage certificate shall be valid from the date the marriage registration ceremony is organized as provided for in Clause 2 of this Article. The grant of copies of the marriage certificate from the original registers shall be implemented by the provincial/municipal Justice Service at the requests of the wives or husbands.

4. In case where the both marriage partners, for plausible reasons, request extension of time holding the ceremony for marriage registration specified in clause 1 of this Article, the time shall be extended but not exceed 90 days, after the President of the provincial People’s Committee signs the marriage certificate. If past this time limit both marriage partners fail to come ceremony for marriage registration, the provincial Justice Service shall report to the President of the provincial People’s Committee; the marriage certificate shall be kept in dossier.

If both parties still wish to marry each other, they must restart the procedures for marriage registration.

Article 12. Refusal of marriage registration 

1. The marriage registration shall be refused in the following cases:

a) One or both parties fail to reach the marriage ages according to Vietnamese laws;

b) The foreign party fails to be eligible for the marriage according to the laws of the country which he/she is citizen of or where he/she permanently resides (for stateless persons);

c) The marriage is not voluntarily decided by the male and/or the female;

d) There is deception, coercion in the marriage;

dd) One or both parties are having wife or husband;

e) One or both parties lose the civil act capacity;

g) The marriage parties are in the direct lines of descent or relatives within three generations;

h) The marriage parties are or were once the adoptive father, adoptive mother and the adopted daughter, son; the father-in-law and daughter-in-law; the mother-in-law and son-in-law; the step father and his step- daughter; the step-mother and her step-son;

i) The marriage parties are of the same sex (marriage between men, marriage between women).

2. The marriage registration shall also be refused if the interview, inspection and verification results show that the marriage is conducted through illegal brokerage or is sham, not for the purpose of building a prosperous, equitable, progressive, happy and sustainable family; or aims at human trafficking, labor exploitation, sexually abusing women or other self-seeking purposes.

Article 13. The order to settle the marriage registration in representative agencies

1. Within 15 days as from the date of receiving the complete and valid dossiers as well as fees, the representative agencies have the responsibility:

a) To implement the direct interview at head office of representative agency for both marriage partners in similar way specified in point a clause 1 Article 10 of this Decree.

b) To study and verify the marriage registration dossiers. In cases where there is any doubt, complaint or denunciation that the marriages through illegal brokerage, make sham marriages, take advantage of the marriage for the purpose of human trafficking or for other self-seeking purposes or where they deem that the personal identification of both marriage partners or papers in the marriage registration dossiers need to be clarified, the representative agencies shall conduct the verification for clarification.

c) If considering that both marriage partners meet full conditions of marriage, not fall in cases of refusal for marriage registration specified in Article 12 of this Decree, the head of the representative agency shall sign marriage certificate.

In case refusal for marriage registration, the representative agency shall have a written notice clearly stating reason thereof to both marriage partners.

2. In case where considering that the problem which need to be verified fall in function of domestic concerned agencies, the representative agency shall issue Official Dispatch clearly stating matters in need of verification, and send it to the Ministry of Foreign Affairs for verification request by concerned agencies under their specialzed functions.

Within 10 working days, after receiving Official Dispatch of the Ministry of Foreign Affairs, domestic concerned agencies shall implement verification of issues as required and reply in writing to the Ministry of Foreign Affairs to forward to the representative agency.

3. Within 05 working days, after the head of representative agency signs the marriage certificate, the ceremony for marriage registration shall be held.

4. The marriage registration ceremony shall be solemnly organized at the office of representative agency. When the marriage registration ceremony is held, both marriage partners must be present. The representative of representative agency shall preside over the ceremony, requesting both parties to state their final intention on voluntary marriage. If they agree to marry each other, the representative of representative agency shall record the marriage in the marriage registers, requesting each party to sign on the marriage certificate, the marriage register and hand over the original marriage certificate to the husbands and wives, each with one certificate.

5. The marriage certificate shall be valid from the date the marriage registration ceremony is organized as provided for in Clause 4 of this Article. The grant of copies of the marriage certificate from the original registers shall be implemented by the representative agencies at the requests of the wives or husbands.

6. In case where the both marriage partners, for plausible reasons, request extension of time holding the ceremony for marriage registration specified in clause 3 of this Article, the time shall be extended but not exceed 90 days, after the head of the representative agency signs the marriage certificate. If past this time limit both marriage partners fail to come ceremony for marriage registration, the representative agency shall kept the marriage certificate in dossier.

If both parties still wish to marry each other, they must restart the procedures for marriage registration.

SECTION 2. GRANT OF CONFIRMATION ON MARRIAGE STATUS FOR VIETNAMESE CITIZENS RESIDING IN VIETNAM FOR MARRIAGE REGISTRATION WITH FOREIGNERS AT FOREIGN COMPETENT AGENCIES IN OTHER COUNTRY

Article 14. Competence to grant confirmation of marriage status

The communal People’s Committee where Vietnamese citizens register permanent residence shall grant confirmation on marriage status for such persons in order to do procedures for marriage registration with foreigners at foreign competent agencies in other country

In cases where Vietnamese citizens have not got or not yet got permanent residence registration but have already registered their temporary residence according to the law provisions on residence, the communal People’s Committees of the localities where the such persons temporarily reside shall grant confirmation on marriage status.

Article 15. Procedures for granting confirmation of marriage status

1. A dossier of granting confirmation of marriage status is made into 01 set, including the following papers:

a) The declaration for grant of marriage registration confirmation (made according to a set form);

b) The copies of one of papers proving on personal matters such as identity card or passport or valid papers of substitute value;

c) The copy of the household registration book, the temporary residence book of applicant.

For foreigners who have already been divorced with Vietnamese citizens at foreign competent agencies, they must submit the written confirmation that the divorce which carried out abroad have been recorded in civil status book as prescribed by law of Vietnam.

2. The applicant submits directly dossier of granting confirmation of marriage status at the competent communal People’s Committee as prescribed in Article 14 of this Decree.

3. Within 02 working days, as from fully receiving the valid dossiers as well as fees, the communal People’s Committee shall make a document to consult the provincial Justice Service enclosed with 01 set of dossier.

4. Within 10 working days, after receiving proposal of the communal People’s Committee, the provincial Justice Services shall implement inspection, verification and issue a written reply for the communal People’s Committee, together with returned dossier; if refusal for settlement, the provincial Justice Services must clearly explain reason in writing and send it to the communal People’s Committee in order to notify for applicant.

5. Within 02 working days, after receiving written agreement of the provincial Justice Services, the President of the communal People’s Committee shall sign the marriage status confirmation and issue it for applicant.

6. Based on specific conditions, the Minister of Justice shall stipulate on supplementation of interview procedures for issuance of the marriage status confirmation for Vietnamese citizens residing in Vietnam who wish to register marriage with foreigners at foreign competent agencies in other country.

SECTION 3. RECOGNITION OF MARRIAGES OF VIETNAMESE CITIZENS ALREADY CARRIED OUT AT FOREIGN COMPETENT AGENCIES IN OTHER COUNTRY

Article 16. Conditions and forms of recognition of marriages of Vietnamese citizens already carried out at foreign competent agencies in other country

1. The marriages between Vietnamese citizens or between Vietnamese citizens and foreigners already carried out at foreign competent agencies in other country, in conformity with law of that country, shall be recognized in Vietnam, if by the time of marriage such Vietnamese citizens have not violated Vietnam’s law provisions on marriage conditions.

In cases where there are violations of Vietnamese legislation on marriage conditions but by the time of requesting the recognition of the marriages, the consequences of such violations have already been overcome or the recognition of such marriages is beneficial to the protection of the interests of the women and children, such marriages shall also be recognized in Vietnam.

2. The marriage recognition prescribed in Clause 1 of this Article shall be annotated in registers according to procedures specified in Article 17 of this Decree.

Article 17. Competence, order of and procedures for recording in registers for marriages of Vietnamese citizens already carried out at foreign competent agencies in other country

1. The provincial Justice Service of locality where Vietnamese citizen resides shall implement annotations in the registers for marriages of Vietnamese citizens already carried out at foreign competent agencies in other country (hereinafter referred to as annotations in the registers for marriage). In cases where Vietnamese citizens have not got or not yet got permanent residence registration but have already registered their temporary residence according to the law provisions on residence, the provincial People’s Committees of the localities where the such persons temporarily reside shall perform annotations in the registers for marriages.

The representative agency shall make annotations in the registers for marriages of Vietnamese citizens residing in the receiving country.

2. A Dossier of annotation in the registers for marriage is made into 01 set, including the following papers:

a) The declaration for annotation in the registers for marriage (made according to a set form);

b) The copies of papers proving marriage issued by foreign competent agencies;

c) The copies of one of papers proving on personal matters such as identity card or passport or papers of substitute value;

d) The copy of the household registration book or the temporary residence book of applicant.

In case of recognition of marriage between Vietnamese citizens and foreigners who have already been divorced with Vietnamese citizens at foreign competent agencies, they must submit the written confirmation that the divorce which carried out abroad have been recorded in civil status book as prescribed by law of Vietnam.

3. Dossier of annotation in the registers for marriage must be directly filed at competent agencies as prescribed in clause 1 of this Article.

4. Time limit to settle the annotation in the registers for marriage is 05 days as from the date the provincial Justice Sevices or representative agencies receive the complete and valid dossiers as well as fees. In case needs verification, the time limit may be prolonged but not exceed 05 working days.

In case of refusal for the annotation in the registers for marriage, the provincial Justice Sevices shall reply in writing to applicant, which clearly stating reason thereof.

5. After the annotation in the registers for marriage has been performed, the Director of provincial Justice Sevices shall sign and issue a confirmation that marriage has been annotated in records for civil status matters (according to the set form).