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Legal provisions marriage

Nguyễn Thành Tựu
0916.303.656

Name: NGUYEN THANH TUU-(MR. TONY)

Job title: MBA Lawyer – CEO- 

Phone: +84 9.19.19.59.39

Email: tuulawyer@nvcs.vn

Consultancy area: Investment- Tax- M&A – IP – Dispute settle.

Language: Vietnamese – English

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.

  1. 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;
  1. 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.

CONTACT US

Hotline: +84 919 19 59 39 (Call Lawyer immediately for free consultation – Mr. Tuu)

Email: Luatsu@nvcs.vn (Just CLICK on Email and fill in the blank with your information, the Customers shall be quickly complete the legal process)

 0919 19 59 39    

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