PROCEDURES FOR NOTEING MARRIAGE WITH FOREIGN ELEMENTS IN 2023

1. What is a marriage note?

Marriage note is a procedure by which Vietnamese competent authorities record in the civil status book the marriage registration of Vietnamese citizens that has been settled abroad.

After Vietnamese citizens register their marriage at a competent foreign agency, they need to carry out the procedure for recording their marriage in Vietnam to have it recognized and ensure their rights and benefits as well as the legal rights and interests of that citizen’s spouse for purposes such as:

– Recognition of spousal relationships between Vietnamese citizens and foreign citizens at Vietnamese agencies;

– Protecting the rights of Vietnamese citizens and children in some cases of civil disputes.

– Complete procedures requiring the presentation of a marriage certificate such as making a birth certificate for a child, buying and selling property, resolving disputes, etc.

2. Conditions for carrying out marriage note procedures in Vietnam?

Conditions for a Vietnamese citizen’s marriage note to be resolved at a competent foreign agency abroad include:

– Marriages between Vietnamese citizens with each other or with foreigners that have been resolved at a competent foreign agency abroad will be recorded in the civil status book if at the time of marriage, the parties meet the requirements of marriage conditions and do not violate prohibitions according to the provisions of the Vietnamese Marriage and Family Law.

For detailed conditions, you can refer to this article link https://hangluatbachtuyet.com/en/procedures-for-marrying-a-foreigner-in-2023/.

– If at the time of registration at a foreign competent authority, the marriage does not meet the marriage conditions, but does not violate the prohibition according to the provisions of the Law on Marriage and Family, but at the time of request of recording in the civil status book of marriage, the consequences have been overcome or the marriage is recorded to protect the rights of Vietnamese citizens and children, the marriage is also recorded in the civil status book.

 

3. Order and procedures for making marriage notes

3.1. Preparation documents:

– Declaration according to the prescribed form (according to the form issued with Circular 15/2015/TT-BTP).

– Copy of marriage certificate issued by a competent foreign agency;

– Authorization document according to the provisions of law in case of authorization to make marriage notes. In case the authorized person is the authorizing person’s grandfather, grandmother, father, mother, child, wife, husband, brother, sister or sibling, the authorization document does not have to be notarized or authenticated, but must have supporting documents to prove your relationship with the authorizing person.

– Copy of one of the following documents of both male and female parties: Passport, ID card, citizen identification card or other document with photo and personal information issued by a competent authority, still valid for use (hereinafter referred to as identification documents) to prove identity.

– During the transition period, the person requesting civil status registration must present documents proving residence.

– If you are a Vietnamese citizen who has divorced or annulled your marriage at a foreign competent authority, you must submit an excerpt of the divorce or annulment of marriage recorded in the civil status book as prescribed in Clause 2. Article 37 of Decree 123/2015/ND-CP.

Note:

– Documents in foreign languages must be translated into Vietnamese and the translation notarized or the translator’s signature authenticated according to the provisions of law.

– For marriage certificates issued by foreign competent authorities, they must be consular legalized and notarized translated into Vietnamese.

3.2. Authority to solve:

– The District People’s Committee (Justice Department) where the Vietnamese citizen resides records in the civil status book that the marriage has been resolved at a competent foreign agency.

3.3. Resolution deadline:

– 05 working days from the date the Justice Department receives the complete and valid documents;

– In case verification is needed, the processing time must not exceed 10 working days;

– In case the district-level People’s Committee refuses to record the marriage in the civil status book, the Justice Department shall notify the requester in writing, clearly stating the reason.

3.4. Fee: Not more than 75,000 VND.

4. Cases of refusal of marriage notes?

Pursuant to the provisions of Article 36 of Decree No. 123/2015/ND-CP, the request for a marriage note from both parties will be refused by the competent authority if it falls into one of the following cases:

– Marriage violates the provisions of the Law on Marriage and Family.

– Vietnamese citizens marry foreigners at foreign diplomatic missions or consulates in Vietnam.

Therefore, if the two parties fall into one of the above cases, the marriage notation procedure in Vietnam will not be possible and the marriage relationship registered abroad will not be recognized in Vietnam.

Above is advice from Bach Tuyet Law Firm on the topic “Procedures for recording marriage with foreign elements in 2023″. If you have any other questions, please contact us with the following information:

1/ Head office: 1132 Le Duc Tho, Ward 13, Go Vap District, Ho City Chi Minh

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2/ Branch: 144D Nguyen Dinh Chinh, Ward 8, Phu Nhuan District, Ho Chi Minh City

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