Application for recording Marriage Certification in the Civil Status Registration Book of Vietnamese citizens processed and issued by the competent agenices of a foreign country
Order of Procedure
- The
applicant submits the application dossier for recording Marriage Certification
issued by a foreign competent agency (hereafter referred to the annotation of marriage)
in the Civil Status Registration Book 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 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 marriage application dossier has not been
supplemented 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
- If the application dossier for note of marriage
fully meets the conditions and is not the case of being refused to be recorded
in Marriage Registration Book according to the regulations, 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 the Certificate of Marriage Annotation to the applicant; the civil
status officer shall record such information in the Marriage Registration Book.
* The application for Marriage Annotation shall be rejected in the
following cases:
- Marriage
is prohibited under the provisions of the Marriage and Family Law.
- Vietnamese citizens marry foreigners at the foreign diplomatic missions and consulates in Viet Nam.
* 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 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 may apply for Marriage Annotation
in person or authorize other person to apply for it;
- The applicant may submit the
application dossier for Marriage Annotation in person to the People’s Committee
of the relevant competent district or
send it by post.
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 applicant
for Annotation of Marriage (personal identification documents);
-
Documents proving the residence to determine the authority of (during the time when the
National Database on Population and the National E-Civil Status Database have
not been completely built and implemented nationwide.
In case the application dossier is sent by post,
it must be enclosed with the certified copies of the above must-present-papers.
* Documents to be submitted
- The Marriage
Annotation Application Form;
- Certified
copy of the marriage certificate issued by a foreign competent authority.
- Certified copy of personal identification document
of the couple if the application dossier is submitted by post.
- If the Vietnamese citizen has
divorced or canceled the marriage at a foreign competent agency, he/she shall file an excerpt (certificate) of the divorce or annulment of
the marriage (Certificate of Divorce).
- Authorization letter in
accordance with the provisions of law in the case of authorization of the
application for Marriage Annotation. In case the authorized person is the
grandfather, grandmother, father, mother, child, spouse or sibling of the
authorizing person, the authorization letter must not be notarized or
authenticated, but it is required to provide with the documents certifying the
relationship with the authorizing person.
Number of dossiers: 01 set
(of dossier)
Processing time: 12 (Twelve)
working days.
Applicant of the administrative procedures: Individual.
Competent
governmental agencies:
District-level People's
Committees of localities where Vietnamese citizens reside.
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: Certificate of Marriage Annotation.
Fees: VND75,000
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: Application for MarriageAnnotation Form
Requirements,
conditions for the implementation of administrative procedure:
- The marriage between a Vietnamese citizen and a Vietnamese citizen or with a foreigner, processed and registered at a foreign competent agency
overseas shall be recorded in the civil status book if, at the time of
marriage, the concerned parties fully satisfy the conditions for marriage and such marriage does not violate the
prohibitions as stipulated in the Law on Marriage and Family of Viet Nam.
- If, at the time of applying
for the marriage certificate at a foreign competent
agency, the marriage fails to meet the marriage conditions but does not violate
the prohibitions as provided for in the Marriage and Family Law, and at
the time of applying for recording the Marriage in the Civil Status Book, the consequences have been resolved or the marriage annotation is
intended to protect the rights of Vietnamese citizens and
children, the marriage shall also be recorded in the Civil status book.
Legal
bases:
- Law on
Marriage and Family;
- 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.