Procedures for registering the marriage involving foreign elements
Order and procedures:
- The person who requests for marriage registration shall submit the marriage registration dossier at the People's Committee of the district.
- The recipient is responsible for immediately checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
- If the application is complete and valid, recipients shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, recipients shall immediately instruct the applicant to supplement and complete the application according to regulations. In case it is not possible to supplement or complete the dossier immediately, the recipients are also obliged to provide proper instructions, clearly stating types of papers and contents to be supplemented, completed, signed, and clearly written the full name of the recipients.
- The Justice Division shall study and verify marriage registration documents. In case, there is any doubt, complaint or denunciation that is not eligible for marriage under the provisions of the Law on Marriage and Family or it is found that there is a problem that needs to be clarified about the identity of involved parties or the documents in the dossiers, the Justice Division shall coordinate with relevant agencies in verifying and clarifying. In the process, if necessary, the Justice Division shall work directly with involved parties to clarify their identities, voluntary marriage, and marriage purposes.
If the dossiers are found to be valid, the parties are eligible to get married in accordance with the provisions of the Law on Marriage and Family, and are not subject to the case of refusal of marriage registration as prescribed, the Justice Division shall report to the Chairman of district-level People’s Committee of localities consider and decide. In case the Chairman agrees to settle, then sign 02 originals of the marriage certificate.
- The Justice Division shall organize an awarding of marriage certificates to both sides.
- When the marriage registration ceremony is held, the presence of both marriage partners is required at the headquarters of the People's Committee; the representatives of Justice Services shall consult 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 registration book. The officials guide two parties to check information in the Certificate and the marriage registration book, if the two parties find the content is correct and consistent with the application, then the officials and both parties shall sign in the marriage registration book; both parties sign in the marriage certificate.
In case one or both parties inevitably absent to receive the marriage certificate, at their written request, the Justice Division shall extend the duration for granting the marriage certificate but no more than 60 days from the date that the Chairman of district-level People's Committee signs the marriage certificate.
After 60 days, if one party or both parties do not come to receive the marriage certificate, the Justice Division shall make a report to the district-level People's Committee Chairman to cancel their signed marriage certificate. If two parties still want to get married after that, they must carry out the marriage registration procedure from the beginning.
The marriage registration requester directly submits their dossiers at the district-level People's Committee (the male or female party can directly submit the application without the written authorization of the other party). The processing time for the application is within 15 days.
(Translated by Gia Vi)