Application for Marriage Certificate involving foreigners in border area.
Order of procedure
- The applicant submits the application dossier for
marriage certificate to the People's Committee of the relevant competent
district.
- The receiver (refer to the civil status officer) immediately checks the
entire 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 supplement 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 dossier for registration of marriage has not
been supplemented or completed after being guided as regulated, the receiver shall refuse such dossier. The refusal of
the dossier for registration of marriage shall be written in text, clearly
stating the reasons for the refusal with full name of the receiver.
- Within 3 (three)
working days from the date of accepting the completed application dossier, the
civil status officer inspects and verifies the declared information in the
dossier; if the concerned parties meet all the marriage conditions and requirements
prescribed by law, the officer shall report to and ask for the approval of the
Chairman of the people’s committee of the commune. In case the Chairman of the commune-level
People’s Committee agrees to process the application, the Chairman shall sign
to issue two originals of Marriage Certificates; then civil status officer
records such marriage information in the Marriage Registration Book with the
signatories of the couple and the officer; the couple jointly signs the
Marriage Certificates; Chairman of the People’s Committee shall award the
Marriage Certificate to the couple.
* 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 applying 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
officer may take one copy of the presented documents or write down the
information of the submitted paper for filing.
+ 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 submit the application
dossier for marriage registration in person to the People’s Committee of the
relevant competent district (either 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 authority of processing the
marriage registration (during the period of time when the National Database on
Population and the National E-Civil Status Database have not been completely built
and implemented nationwide)
* Documents to be submitted:
- Marriage Application Form with full information
of the couple. The couple may jointly fill out only one application form;
- Documents issued by the
competent authority of neighboring country which is no later than
6 months prior to the date of accepting the application dossier, confirming that the citizen of neighboring country is currently
unmarried.
- Copies of documents evidencing the personal identification, papers evidencing the places
of permanent residence in the border areas of the
citizen of the neighboring country.
Number of dossiers: 01 set
(of dossier)
Processing time: three (3) working days. In case of verification, the time limit for processing the application
shall not exceed eight (8) working days.
Applicant of the administrative procedures: Individual
Agencies
implementing administrative procedures: Commune-level People's Committees in border regions
where Vietnamese citizens permanently reside.
Coordinating
agency: None
Results of the applied administrative procedure: Marriage Certificate
Fees: Exemption
of fees
Samples of Declaration forms: Marriage Certificate 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;
- Việc kết hôn không thuộc một
trong các trường hợp cấm kết hôn, gồm:
- The marriage is not classified as one of the
following prohibition cases of marriage:
+ 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 State.
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.