Contents of Administrative procedures - No5 Administrative procedures for Justice Departments
Procedures for registering the marriage involving foreign elements
- When applying for marriage registration, both involved parties shall be present. In case one party is inevitably absent for objective reasons, the application form for absence and the power of attorney for authorizing the other party to submit marriage registration forms are required. Submitting marriage registration forms by third parties is unaccepted. - Within 20 days from the full receipt of valid documents and fees, Justice Services shall have the responsibility: + To conduct at their offices face-to-face interviews with the involved men and women in order to examine and clarify the voluntariness of their marriages, their capability of communicating with one another in a common language and their understanding about each other. + To post up marriage notices for 7 consecutive days at the headquarter of Justice Services and heir offices, and at the same time to post up marriage notices at commune-level People's Committees of the localities where the involved parties being Vietnamese citizens permanently reside or temporarily reside or where the foreigners in Vietnam permanently reside. + To study and verify the marriage registration dossiers. In cases where there is any doubt, complaint or denunciation that where they deem that the personal identification of the involved parties or papers in the marriage registration dossiers need to be clarified, Justice Services shall conduct the verification for clarification; + To report on the results of interviewing the involved parties and examining the marriage dossiers and submit proposals on the settlement of marriage registration to the provincial-level People's Committees for decision, enclosed with one set of the marriage registration dossier. If verification is required and such verification is in the function of the Police, the period for such verification is 20 days from the receipt of the official dispatches of Justice Services; - The marriage registration ceremony shall be organized within 7 days as from the date the provincial-level People’s Committee Chairmen sign the marriage certificate. When the marriage registration ceremony is held, the presence of both marriage partners is required. The representatives of Justice Services shall preside over the ceremony, requesting both parties to state their final intention on voluntary marriage. If they agree to marry each other, the representatives of Justice Services shall record the marriage in the marriage registers, requesting each party to sign on the marriage certificate, the marriage registration book and hand over the original marriage certificate to the husband and wife, each with one certificate.
Where to submit
- Involved parties shall personally submit the dossiers to Justice Services. - In case one party cannot personally submit the dossiers due to illness, diseases, going on business or for other legitimate reasons, the power of attorney for authorizing the other party to submit the dossiers, which specifies the reason for such absence, shall be required and be properly certified.
Contents and number of the dossier
- The marriage registration declaration (in the form as provided); - The written certification of marital status of each party, made within 6 months to the date the dossier is received, by a competent agency of the country of which the applicant is a citizen, stating that such applicant is currently unmarried. Where the law of the country of which the marriage applicant is a citizen does not prescribe the grant of written certification of marital status, such certification may be replaced by a certification of oath taken by the applicant that he or she is currently unmarried, in accordance with the law of the concerned country; - The written certification granted by a Vietnamese or foreign competent health organization within 6 months to the date the dossier is received, certifying that the applicant does not suffer from mental diseases or other diseases which render him or her incapable of being aware of and controlling his/her acts;; - The notarized or authenticated copy of the people's identity card (for Vietnamese citizens in the country), the passport or such substitute paper as laissez-passer or residence card (for foreigners or overseas Vietnamese citizens); - The notarized or authenticated copy of the household registration book or the certificate of being collectively registered resident or temporary resident (for Vietnamese citizens in the country), the permanent residence card or temporary residence card or temporary residence certificate (for foreigners in Vietnam). - In addition to the above mentioned documents, Vietnamese citizens being on active service in the armed forces or performing jobs directly related to state secrets are required to submit written certifications by their respective managing agencies or organizations of the central or provincial level that their marriages with foreigners shall not affect the protection of state secrets or contravene regulations of the concerned branches. Number of dossiers: 02 sets
No5 Administrative procedures for Justice Departments
a) Conditions for marriage - Men shall be twenty years old or older; women shall be eighteen years old or older; - The marriage shall be the voluntariness of men and women and shall not be compelled or fraudulent by any party; noone is allowed to enforce or hinder such marriage; - The marriage shall not fall into one of cases prohibited for marriage as prescribed in Article 10, 2000 Marriage and Family Law. b) Cases prohibited for marriage (Article 10, Marriage and Family Law): - One or both parties is or are married; - One or both parties lose the civil act capacity; - The involved parties are in the direct lines of descent or relatives within three generations; - The involved parties are or were once the adoptive father, adoptive mother and the adopted daughter, son; the father-in-law and daughter-in-law; the mother-in-law and son-in-law; the step father and his step- daughter; the step-mother and her step-son; - The involved parties are of the same sex (marriage between men, marriage between women). c) Marriage ceremonies: - When the marriage registration ceremony is held, the presence of both involved parties is required. - Representatives of marriage registration agencies shall ask two parties to state the intention on voluntary marriage, if they agree to marry each other, representatives of marriage registration agencies shall hand over Marriage certificates to two parties.
- 2000 Marriage and Family Law. - Decree No. 68/2002/ND-CP dated July 10, 2002 by the Government detailing the implementation of a number of articles of the 2000 Marriage and Family Law on marriage and family relations involving foreign elements. - Decree No. 69/2006/ND-CP dated July 21, 2006 amending and supplementing a number of articles of the Decree No.68/2002/ND-CP dated July 10, 2002 by the Government detailing the implementation of a number of the Marriage and Family Law on marriage and family relations involving foreign elements; - Decision No. 15/2003/QD-BTP by the Minister of Justice dated February 12, 2003 promulgating civil status forms and books involving foreign elements. - Circular No. 07/2002/TT-BTP dated December 16, 2002 guiding the implementation of a number of articles of the Decree No. 68/2002/ND-CP dated July 10, 2002 by the Government detailing the implementation of a number of articles of the 2000 Marriage and Family Law on marriage and family relations involving foreign elements. - Decision No.12/2009/QD-UBND dated January 09, 2009 by the People’s Committee of Hanoi on collecting civil status fees in the area of Hanoi.