LAW ON MARRIAGE
Marriage in the legal language is understood as the establishment of a husband and wife relationship with each other in accordance with the law on marriage conditions and marriage registration.
- Counseling on marriage laws
The law stipulates that when certain conditions are met, a man and a woman can marry and be recognized by the State as a legal marriage. However, not everyone understands the law and fully understands the conditions to be able to legally marry. You can refer to the following contents:
- Marriage conditions;
- Marriage prohibited cases;
- Marriage registration procedures;
- Competence to register marriage;
- Legal provisions on marriage
- Marriage conditions
- Marriage must comply with the following conditions:
- Men are twenty years old or older, women eighteen years old or older;
- The marriage is voluntarily decided by the man and the woman, neither party is allowed to force or deceive the other; no one can force or obstruct;
- Not falling into cases where marriage is prohibited by law.
- Getting married does not fall into one of the following marriage ban cases:
- Married or married people;
- Persons with loss of civil act capacity as provided for by law;
- Fake marriage (taking advantage of marriage for exit or entry Fake marriage is the abuse of marriage to exit, enter, reside, naturalize Vietnam, foreign nationality,…);
- Between people of the same direct bloodline (People of the same direct bloodline are people related by blood, in which one person gives birth to the other);
- Between people whose last name is within three generations (People with a last name within three generations are people of the same origin, including the parents of the first generation; brothers, sisters, half-siblings, the same parent Together with a different mother than a father is the second generation; brother, sister, uncle, aunt, uncle, uncle or aunt are the third generation);
- Between a former adoptive parent and an adopted child, between an adoptive parent and an adopted child; mother-in-law with son-in-law, father-in-law with daughter-in-law, stepmother with stepchildren, step-father with stepchild;
- Between people of the same sex (Currently, according to Vietnamese law, there is no recognition of no person between people of the same sex).
- Marriage registration
- The marriage must be registered and performed by a competent state agency (hereinafter referred to as the marriage registration agency) in accordance with the following marriage registration ceremony:
- Any marriage ceremony that is not in accordance with the regulations on organization of marriage registration is invalid.
- Men and women who do not register their marriage but live together as husband and wife are not recognized by law as husband and wife.
- Divorced spouses who want to get married again must also register their marriage.
- If a husband and wife have completed the divorce procedure but want to re-establish the husband and wife relationship, they must go through the new marriage registration procedures as prescribed;
- The Government regulates the registration of marriage in remote areas.
- Competence to register a marriage
- The People’s Committee of the commune, ward or town where either of the marriage resides is the marriage registration agency.
- Foreign diplomatic missions, Vietnamese consulates are agencies that register for marriage between Vietnamese citizens abroad.
- Documents to be submitted for marriage registration
- Marriage registration form according to the prescribed form for the civil status registration agency and be present together when registering the marriage;
- Original certificate of marital status (Certificate of marital status applied at the People’s Committee of the commune where you permanently reside, certificate of marital status with expiry date: 06 months from the date of issue):
- In case of marriage registration at the People’s Committee of the commune where the applicant for marriage registration does not reside in that commune or at the district People’s Committee, he / she must submit a certificate of marriage status issued by the People’s Committee of the commune where he / she resides. according to the law;
- In case the applicant for marriage registration is working, studying or working abroad for a definite period, he / she must submit a certificate of marital status issued by the diplomatic mission or consular mission of Overseas Vietnam (hereinafter referred to as the representative agency).
- Settlement of marriage registration
- After receiving all valid papers according to the civil status law, the marriage registration agency checks the marriage registration dossier; If deeming that the two men and women meet the marriage conditions, the marriage registration agency shall organize the marriage registration; record the marriage in the Register, the man and the woman will sign the civil status book together.
- In case one or both parties are not eligible for marriage, the marriage registration agency refuses to register and must give written notice; If the rejected person disagrees, he / she has the right to lodge a complaint according to the provisions of law;
- Term: Not more than 05 working days.
Therefore, getting married seems simple but practical to understand how the law regulates this issue is quite a difficult issue. In case the readers are not sure of the law as well as the implementation process, they should consult a lawyer for the best efficiency.
