Order of procedure

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

- The receiver (the civil status officer) shall have to immediately check the entire application dossier and determine the validity of the papers in the dossiers submitted or presented by the applicant; to compare the information in the Declaration with the 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 re-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 re-registration of marriage shall be written in text, clearly stating the reasons for the refusal with full name of the receiver.

- Within five (5) working days after receiving the completed application dossier, the Justice Division shall examine and verify the dossier.

If the previous marriage registration was conducted at a commune-level People's Committees or Department of Justice, the Justice Division shall request in writing such commune-level People’s Committee/Department of Justice to inspect and verify information about the filing of civil status book.

Within five (5) working days after receiving the written request, Department of Justice/the commune-level People's Committee where the previous registration of marriage was processed shall conduct the inspection, verification and reply in writing whether the information has been filed in the civil status book or not.

After inspecting and verifying, if the application dossier is completed and fully meets the provisions of the law, the Justice Division 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 (2) Certificates of Marriage to the applicant.

- The Judicial Division shall award marriage certificates to the couple; the civil status officer shall record such marriage in the Marriage Registration Book with the signatories of the couple and the officer; the couple jointly signs the Certificate of Marriage.

* 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.

+ 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 submit the application dossier 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 relevant authorities to prove the identification of both applicants for marriage certificate.

* Documents to be submitted

- Marriage Re-registration Form.

- Copy of previously issued marriage certificate. If there is no copy of such marriage certificate, a copy of the dossier and personal papers containing information related to the marriage registration shall be submitted.

Number of dossiers: 01 set (of dossier)

Processing time: Five (5) working days.

In case of verification, the time limit for processing the application shall not exceed thirteen (13) working days (excluding the time for sending the written request for verification and the time for sending the written reply to the verification result via the postal system).

Applicant of the administrative procedures: Individual

Competent governmental agencies:

- The district-level People's Committee where the marriage was previously registered.

- If the marriage registration was previously registered at the commune-level People’s Committee, the re-registration of marriage thereof shall be processed by the district-level People’s Committee.

- If the marriage registration was previously registered at Department of Justice, the re-registration of marriage shall be processed by the district-level People's Committees of the localities where the Department of Justice are headquartered.

Agencies implementing the administrative procedures:

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

Coordinating agencies: Commune-level People’s Committees/ Department of Justice of localities where the previous registration of marriage was processed.

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.

Samples of Declaration forms: Marriage Re-registration Form.

Requirements, conditions for the implementation of administrative procedure:

- The marriage was registered at relevant authorities of Viet Nam before 1 January 2016 but the Marriage Registration Book and the original of marriage certificate were lost.

- Both applicants (the couple) is still alive at the time of applying for re-registration of marriage.

Legal bases:

- Marriage and Family Law;

- 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;