Contents of Administrative procedures - No5 Administrative procedures for Justice Departments

Procedure Procedures for re-registering the marriage involving foreign elements
Process

- The person applying for re-registration is required to submit the Declaration form (in the form as stipulated).
 - In case the previous marriage was registered at the commune- level People’s Committees, the certification by such Committees on such marriage is required; except where the involved parties produce copies of civil status papers which were validly issued.
- In case commune-level People’s Committees have no base for defining the civil status registration of the involved parties, such Committees shall only provide certification that civil status registration books of such year are no longer filed; in case the previous civil status was registered at provincial- level People’s Committees, such certification shall be provided by provincial- level People’s Committees. The certification that civil registration books are no longer filed may replace the certification that the involved parties have registered for their civil status.
- Within 5 days from the full receipt of valid documents, registrars of Justice Services shall record such registration in registers. The directors of Justice Services shall sign and grant one original civil status certificate to the involved parties; old civil status documents related to the civil status re-registration (if any) shall be revoked and filed. In the notes column of the civil status books and under the headings of the original civil status certificate, the phrase “dang ky lai” (re-registration) shall be clearly written.
Implementing method: Directly at Justice Services

Where to submit Directly at Justice Services
Contents and number of the dossier

- Declaration form (in the form as stipulated).
- Copy of valid Marriage Certificate previously issued (if any)
- Original Marriage Certificate (if any).
Number of dossiers: 01 set
 

Processing duration
Objects : Individuals
Competent agency No5 Administrative procedures for Justice Departments
Outcome Marriage certificates (re-registration)
Fee VND50,000 (Fifty thousand Vietnam dongs)/01 case
Form/Declaration

Marriage Re-registration Declaration Form

Other requirements

    - In case the re-registration is made at commune-level People’s Committees, which are not the places at which the involved parties first registered their civil status, the Declaration form shall consist of the certification of the commune-level People’s Committees where their civil status was first registered on such registration; except where the involved parties produce copies of civil status papers which were validly issued.
    - Marriages of Vietnamese citizens residing in foreign countries or of foreigners, which have been registered in Vietnam, but for which the orginal civil status papers and civil status registration books have been lost or unusably damaged may be re-registered.
    - Upon the re-registration of the marriage, the presence of the involved parties is required. Marriage relations are recognized from the date on which the previous registration was made.

Legal basis

- 2000 Marriage and Family Law.
- Decree No. 158/2005/ND-CP dated December 27, 2005 by the Government on civil status registration and management.
- Decision No. 01/2006/QD-BTP dated March 29, 2006 by the Minister of Justice on promulgating civil status forms and books;
- Circular No. 01/2008/TT-BTP dated February 06, 2008 by the Ministry of Justice guiding the implementation a number of provisions in the Decree No.158/2005/ND-CP dated December 27, 2005 by the Government on civil status registration and management.
- 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.
 

Administrative procedures