Chapter II
MARRIAGE REGISTRATION PROCEDURES
Article 5.- Competence and procedures for marriage registration
1. The People’s Committee of the commune, ward or district town (hereafter called the commune-level People’s Committee) of the locality, where either of the two parties registers his/her permanent residence, shall effect the marriage registration.
In cases where both parties have not registered their permanent residence, but their definitive temporary residence according to the provisions of the legislation on residence registration, the commune-level People’s Committee of the locality where either of the two parties registers his/her definitive temporary residence, shall effect the marriage registration.
2. When applying for marriage registration, the two parties shall only have to make the declaration for marriage registration and produce their identity cards or valid substitute papers.
In their marriage registration declaration form, the two parties shall additionally inscribe the day, month, year, when they established husband and wife relationship or actually started living together as husband and wife. In cases where both the husband and wife fail to determine the date when they established husband and wife relationship or actually started living together as husband and wife, such date shall be determined as follows:
- If they can determine the month, but cannot determine day, the 1st of the subsequent month shall be taken.
- If they can determine the year, but cannot determine day and month, January 1st of the subsequent year shall be taken.
Article 6.- Settlement of marriage registration for cases where husband and wife relationship had been established before January 3, 1987
In cases where both husband and wife permanently or temporarily reside in the locality where they apply for marriage registration, the People’s Committee shall effect the marriage registration as soon as it receives the marriage registration declaration.
In cases where either of the two parties does not permanently or temporarily resides in the locality where the couple apply for marriage registration, but the People’s Committee knows exactly about their marriage status, it shall immediately effect the marriage registration. When having any doubt about whether or not the involved parties breach the regulation on monogamy, the People’s Committee shall request them to make a written commitment with certifications thereof by at least two witnesses. The witnesses shall have to bear responsibility before law for the truthfulness of their witnessing.
Article 7.- Settlement of marriage registration in cases where men and women lived together as husband and wife from January 3, 1987 to January 1, 2001
In cases where either of the marriage partners does not have his/her permanent or temporary residence registration in the locality where the couple apply for marriage registration, in their marriage registration declaration, there must be certification of the marital status of such person by his/her agency or unit (for officials, public employees and people serving in the armed forces) or the commune-level People’s Committee of the locality where he/she registers his/her permanent or temporary residence. If both parties permanently or temporarily reside in the locality where they apply for marriage registration, the above-mentioned certification is not required.
After receiving the marriage registration declaration form, the People’s Committee shall conduct the inspection, if the involved parties fully meet the marriage conditions prescribed in Article 9 of the 2000 Marriage and Family Law, it shall immediately effect the marriage registration. When having any doubt about whether or not either of the two parties or both parties is or are eligible for marriage, the People’s Committee shall request them to make written commitment with certification by at least two witnesses. The witnesses shall have to bear responsibility before law for the truthfulness of their witnessing.
Article 8.- Places of marriage registration
In order to create favorable conditions for marital parties, the marriage registration may be effected at the headquarters of the People’s Committees or in the villages, hamlets or population groups according to plans of the commune-level People’s Committees.
Article 9.- Recognition of the couples’ common children
For cases prescribed in Article 1 of this Decree, children born before the marriage registration date and recognized by their parents are also common children of husband and wife.
If the blanks reserved for inscription about the father in the birth registers and the children’s birth certificates remain unfilled, the commune-level People’s Committees, which effected the birth registration, shall base on the marriage certificates of the parents to make additional inscriptions about the father in the birth registers and children’s birth certificates, and at the same time, cross out the note "out-of-wedlock child" in the birth registers.
Tìm kiếm
Nghị định 77/2001/NĐ-CP (Bản Word)