1. Dossier for Marriage Registration Involving Foreign Elements
Pursuant to Clause 1, Article 38 of the 2014 Law on Civil Status and Article 30 of Decree No. 123/2015/NĐ-CP guiding the implementation of the Law on Civil Status, the dossier for marriage registration involving a foreign element includes the following documents:
- The male and female parties may jointly declare information in a single marriage registration application form;
- A document proving the marital status of the foreigner, issued by a competent foreign authority and still valid, certifying that the person currently has no spouse. In cases where the foreign country does not issue a certificate of marital status, it may be replaced with a document issued by a competent authority certifying that the individual satisfies the marriage conditions under the laws of that country.
If the document proving the marital status of the foreigner does not specify its validity period, such document, together with the medical certificate issued by a competent medical organization, shall only be valid for six (06) months from the date of issuance.
- In cases where the foreigner does not possess a passport, the individual may present the original of one of the following valid identification documents for personal identification purposes:
- Identity card;
- Citizen identity card;
- Other documents containing a photograph and personal information issued by a competent authority;
- International travel document; or
- Residence card.
2. Authority Competent to Issue a Certificate of Marital Status
Pursuant to Article 21 of Decree No. 123/2015/NĐ-CP, the authority competent to issue a Certificate of Marital Status is prescribed as follows:
- The commune-level People’s Committee where a Vietnamese citizen permanently resides shall issue the Certificate of Marital Status.
Where a Vietnamese citizen does not have a permanent residence but has temporary residence registration in accordance with the law on residence, the commune-level People’s Committee where such person temporarily resides shall issue the Certificate of Marital Status.
- The above provisions shall also apply to the issuance of Certificates of Marital Status to foreign citizens and stateless persons residing in the country upon request.
Accordingly, foreign citizens and stateless persons residing in the country may request the issuance of a Certificate of Marital Status from the competent commune-level People’s Committee at their place of residence.
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1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
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Email: tmle@tlalaw.vn
Vo Thi Van Khanh