Order of procedure

- The applicant submits the application dossier for marriage certificate to the People's Committee of the relevant competent district.

- The civil status officer (refer to the receiver) immediately checks all the application dossier by verifying the information in the Declaration forms and reviewing the validity of the papers or documents in the application dossier.

- If the application dossier is completed and eligible, the receiver shall write a receipt form which should clearly state the date and time for returning the result; if the application dossier is not completed, the receiver shall have to guide the applicant to supplement the documents to complete the dossier as regulated; in case it is impossible to supplment and complete the dossier right away, the applicant should be provided with the guidelines in a written form that clearly states the type of papers, documents or the contents need to be supplemented with full name and signature of the receiver.

- If the marriage application dossier has not been supplemted or completed after being guided as regulated, the civil status officer shall refuse such dossier. The refusal of the birth application dossier shall be written in text, clearly stating the reasons for the refusal with full name of the receiver.

- Within 10 (ten) working days after receiving a completed and valid application dossier, the Justice Division of the district shall examine and verify the dossier (if necessary)

- If the application dossier is valid, the concerned parties meet all the marriage conditions and requirements prescribed by the Marriage and Family Law, and not the case of being refused according to the regulations, the Justice Divison shall report to and ask for the approval of the Chairman of the people’s committee of the district. In case the Chairman of the district-level People’s Committee agrees to process the application, the Chairman shall sign to issue two originals of Marriage Certificates.

 - Within 3 (three) working days from the daet the Chairman signs the Marriage Certificate, the Justice Division shall issue the Marriage Certificate to the couple.

- When applying for the marriage certification, the couple must be present at the main office of the district-level People’s Committee, the civil status officer shall consult the couple first, if they vonluntarily marry to each other, the civil status officer shall record in the Marriage Certificate Book signed by the couple and the civil status officer; then the couple jointly sign the Marriage Certificate.

In case either of the couple can not be present to receive the Marriage Certificate, at their request in text, the Justice Division shall extend the time to issue the Marriage Certificate no later than 60 (sixty) days from the date the Chairman signs the Marriage Certificate.

After 60 (sixty) days, if the couple fails to come to receive the Marriage Certificate, the Justice Division shall report to the Chairman of the People’s Committee of the district to cancel the signed Marriage Certificate.

* Notes:

+ In case the applicant submits a paper which is a copy issued from the original book or certified copy of the original, the civil status officer shall not require the applicant to show the originals; if the applicant submits only the copies with the present of the originals, the civil status officer shall compare the copies to the originals and then sign the copies to confirm the comparison of the contents of both types of documents without asking the applicant for the certified copies of such documents.

+ If it is required to present the papers by law when appllying for civil status, the civil status officer shall have to check the papers, compare them with the information in the declaration forms and return them to the applicant without asking the applicant for submitting the copy of such documents. The civil status officier may take one copy of the presented documents or write down the information of the submitted paper for filing.

+ Papers issued, notarized or certified by foreign competent agencies for the use in civil status registration in Viet Nam must have apostille certification, except for cases from countries which have signed the international Apostille Convention with Viet Nam as a member; the documents in a foreign language must be provided with a notarized or certified Vietnamese translation as prescribed by law.

+ The civil status officer should fully accept the eligible and completed application dossier according to the provisions of the law without requiring the applicant to submit any other types of documents that are not included in the regulations.

How to apply:                                                                                              

The applicant is required to apply for the marriage registration in person at the People’s Committee of the relevant competent district (the man or the woman may submit the application dossier in person without the authorization of the other).

Dossier Components:

* Documents to be presented:

- Passport or identity card or other type of valid papers affixed with photos and personal information issued by the competent agencies to prove the identification of the Vietnamese citizen.

- Documents proving the residence to determine the competence/authority of the marriage registration during the time when the National Database on Population and the National E-Citizens Database have not been completedy built and implemented nationwide (transition period).

* Documents to be submitted:

- Marriage Application Form with full information of the couple. The couple may jointly fill out only one application form;

- A written certification by a competent Vietnamese or foreign medical organization certifying that the marriage partners do not suffer from any mental illnesses or other diseases without being abble to be awared of or to control of their behaviors.

- Valid documents proving the marital status of the foreigner issued by a competent foreign authority, certifying that such person is currently unmarried; in case the competent foreign agency refuses to award the certifcation of marital status, it should be replaced with a paper issued by a competent foreign agency, certifying that he or she meets all the marriage requirements and conditions in accordance with the law of that country.

The validity of the papers proving the  marital status of the foreigner is determined according to the time stated in such papers. In case there is no information about the validity of the written certification of marital status, such paper and medical cerfication shall be valid for 6 (six) months from the date of issue.

- Foreigners, Vietnamese citizens living abroad must submit a copy of their passports or a valid paper in lieu of their pasports or present the original passport or valid paper in lieu of passports in case they submit the application dossier in person.

- Certificate of marital status of Vietnamese citizens who reside in the country (during transition period).

* In addition to the above required documents,depending on each case, the couple must submit or present the following papers:

 - Any Vietnamese citizen who has divorced or annulled the marriage at a competent foreign agency must submit a copy of the exerpts of his or her civil status record regarding the record his or her divorce or annulment of his or her marriage in the Book illegally (Excerpts of Divorce notes);

- Vietnamese citizens who are public officials, civil servants or currently serving in the armed forces must submit the documents of the managing agencies or units certifying that their marriages with foreigners are not in contravention of the regulations of such agencies.

- Trường hợp người yêu cầu đăng ký kết hôn đang công tác, học tập, lao động có thời hạn ở nước ngoài thì phải nộp Giấy xác nhận tình trạng hôn nhân do Cơ quan đại diện ngoại giao, Cơ quan đại diện lãnh sự của Việt Nam ở nước ngoài cấp.

- If the applicant for marriage registration is now working or stuyding for a definite period of time in another country, he or she must submit a written certification of his or hẻ mirital status issued by a Vietnamese diplomatic mission or representative office of Viet Nam overseas.

Number of dossiers: 01 set (of dossier)

Processing time: 15 (fifteen) working days.

Applicant of the administrative procedures: Individual.

Competent governmental agencies:

- The district-level People’s Committee where the Vietnamese citizen resides shall process the application for Marriage Certificate between a Vietnamese citizen and a foreigner; between Vietnamese citizens residing in Viet Nam and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; between the Vietnamese couple residing abroad; between a Vietnamese citizen who simultaneously holds a foreign nationality and Vietnamese nationality with a Vietnamese citizen or a foreigner.

- In case foreigners who reside in Viet Nam applies for Marriage Registration, the district-level People’s Committee where either of the couple resides shall process the application for marriage certificate.

Agencies implementing the administrative procedures:

The district-level Justice Division shall receive the application dossier and process to ask the Chairman of the district-level People's Committees for the consideration and decision.

Coordinating agencies: None.

Results of the applied administrative procedure: Marriage Certificate

Fees:  VND1,500,000

Exemption of fees of the application for civil status registration for the members of families with meritorious services to the revolution; members of the poor households; people with disabilities.

(Clause No.2 of the Article No.1 in the Decision No.123/2016/QĐ-UBND dated 20 Deember 2016 by Lao Cai provincial People’s Committee)

Samples of Declaration forms: Marriage Application Form

Requirements, conditions for the implementation of administrative procedure:

- A man whose age is 20 years or older and a woman  whose age is 18 years or more.

- The marriage is voluntarily decided by the man and the woman;

- The parties (the man and the woman) do not lose the civil act capacity;

- The marriage is not classified as one of the prohibition cases of marriage according to the provisions of points a, b, c, and d in Clause 2, Article 5 of the Marriage and Family Law, including:

+ Fake marriage;

+ Child marriage, forced marriage,deception of mariage; obstruction of marriage;

+ a married person marries another; an unmarried person marries a married person;

+ Marriage between the people of direct bloodline; betwent those who are relatives of three generations; between an adoptive parent and an adopted child; between a former adoptive parent and his/her adopted child; between a father-in-law and his daughter-in-law; between a mother-in-law and her son-in-law; between a stepfather and a step child; between a stepmother and her stepchild.

* Same-sex Marriage is not recognized by the law.

Legal bases:

- The Marriage and Family Law in 2014;

- Civil Status Law in 2014

- Decree No.123/2015/NĐ-CP dated 15 November 2015 by the Government regulating  a number of articles and measures for the implementation of the Civil Status Law;

- Circular No.15/2015/TT-BTP dated 16 November 2015 by the Ministry of Justice guiding the implementation of a number of articles in the Civil Status Law and the Decree No.123/2015/NĐ-CP dated 15 November 2015 by the Government regulating  a number of articles and measures for the implementation of the Civil Status Law;

- Decision No.123/2016/QĐ-UBND dated 20 December 2016 by Lao cai provincial People’s Committee  regulating the rates (fees) of civil status registration  and its management and use in Lao Cai province.