While marriage registration may seem straightforward, with just the mutual consent of the couple and a visit to the authorities, there are a few things to keep in mind before taking this step.
1. Latest Marriage Registration Requirements
According to Clause 13, Article 3 of the 2014 Law on Marriage and Family, a marital relationship is recognized when both parties have registered their marriage, and this period lasts from the date of registration until the termination of the marriage through legal divorce.
Marriage Registration Requirements
When registering for marriage, both parties must meet the conditions stipulated in Article 8 of the 2014 Law on Marriage and Family, as follows:
- Men must be at least 20 years old, and women must be at least 18 years old;
- Both parties must voluntarily decide to register their marriage;
- Neither party should be of unsound mind or incapable of civil acts;
- The marriage must not fall under any of the following categories: fake marriage, underage marriage, forced marriage, bigamy, or marriage within three generations of relations…
- Marriage registration must be conducted by a competent state agency. Otherwise, it will not be legally valid.
2. Latest Marriage Registration Procedures in 2021
Step 1: Prepare the Necessary Documents
For couples registering their marriage in Vietnam
The following documents are required for both parties:
- Marriage registration application form;
- Identity card, passport, or citizen identification card with a photo;
- Certificate of Marital Status issued by the People’s Committee;
- Divorce decision or court judgment, if previously married and divorced.
Note: All documents must be valid and within their period of validity.
For couples registering their marriage abroad
The following documents are required for both parties:
- Marriage registration application form;
- Valid certificate of marital status issued by a competent foreign authority;
- Certificate confirming that neither party suffers from a mental illness or other condition that impairs their ability to perceive and control their actions (issued by a competent Vietnamese or foreign medical authority);
- Passport or equivalent document (copy).
Marriage Registration Procedures
Step 2: Submit the Documents to the Competent Authority
According to Clause 1, Article 17 of the 2014 Law on Household Registration: After preparing the necessary documents, both parties should go to the People’s Committee of the commune, ward, or town where one of them resides to register their marriage.
According to Article 37 of the 2014 Law on Household Registration: The following cases should be registered at the district-level People’s Committee where one of the parties resides:
- Marriage between a Vietnamese citizen and a foreigner;
- Marriage between a Vietnamese citizen residing in Vietnam and a Vietnamese citizen residing abroad;
- Marriage between Vietnamese citizens residing abroad;
- Marriage between a Vietnamese citizen with dual citizenship and a Vietnamese citizen or a foreigner.
According to Clause 1, Article 37 of the Law on Household Registration: If both parties are foreigners, they should go to the district-level People’s Committee where one of them resides to register their marriage.
Step 3: Process the Marriage Registration
According to Article 18 of the 2014 Law on Household Registration: The justice official will record the marriage in the Household Register. Both parties will sign the Household Register, the marriage certificate, and the marriage registration book. Finally, the justice official will report to the Chairman of the commune-level People’s Committee, who will then present the marriage certificate to the couple.
Step 4: Receive the Marriage Certificate
Issuance of the Marriage Certificate
According to Article 18 of Decree 123/2015/ND-CP: The marriage certificate will be issued after the justice official has received all valid documents and deemed that the conditions for marriage are met. If further verification of the conditions is required, the marriage certificate will be issued within a maximum of 05 working days.
According to Article 32 of Decree 123: In cases involving foreign elements, the marriage certificate will be issued within 03 working days from the date of signing.
Note: If the couple does not come to collect the certificate within 60 days from the date of registration, the certificate will be canceled.
Step 5: Marriage Registration Fees
- According to Article 11 of the Law on Household Registration: Vietnamese citizens residing in Vietnam are exempt from marriage registration fees.
- According to Article 3 of Circular 85/2019: The Provincial People’s Council will decide on the remaining cases.
Marriage Fees
3. Marriage Registration Procedures when One Spouse is Missing
Marriage Registration Procedures when a Spouse is Missing
According to Article 68 of the 2015 Civil Code: A person can only be declared missing by a court decision.
If the spouse of a person declared missing by the court wishes to marry another person, a divorce request must be submitted, and the court will base its decision on the following regulation:
In the case where the spouse of a person declared missing by the court requests a divorce, the court will grant the divorce.
When a spouse is missing, if the other party wishes to marry another person, they must simultaneously complete the following three procedures:
- Request the court to declare the spouse missing;
- Request the court to grant a divorce from the missing spouse;
- Complete the marriage registration procedure (for the second time).
4. Frequently Asked Questions about Marriage Registration
Can marriage registration be done through authorization?
According to Article 18 of the 2014 Law on Household Registration: “Both the man and the woman must be present when registering their marriage.”
According to Clause 5, Article 3 of Circular 04: “When returning the results of marriage registration or re-registration, both the man and the woman must be present to receive the results.”
According to Clause 1, Article 2 of Circular 04/2020/TT-BTP:
The person requesting the registration of civil status may authorize another person to act on their behalf, except in the case of marriage registration, re-registration of marriage…, which does not allow authorization.
However, it is possible for one party to directly submit the application to the registration authority without a power of attorney from the other party.
Therefore, the answer to the question “Can marriage registration be done through authorization?” is no, but one party can submit the application without a power of attorney.
Marriage Registration without Authorization
Do we have to register our marriage before holding a wedding ceremony?
According to Vietnamese customs, the wedding ceremony is considered an introduction of the couple to their families, and it is not mandatory according to the law. Therefore, the order of the wedding ceremony and marriage registration is not strictly prescribed.
According to Article 9 of the Law on Marriage and Family, marital relationships are only recognized and protected when the necessary registration procedures have been completed with the competent authority.
How many copies of the marriage certificate will be issued?
According to Clause 3, Article 18 of Decree 123: Each spouse will be issued 01 original copy of the marriage certificate. Thus, a total of 02 original copies of the marriage certificate will be issued.
What if we lose our marriage certificate? Can we register again?
In some cases, if the marriage certificate is lost, according to Article 24 of Decree 123: If the Household Register and the original certificate were lost before January 1, 2016, the marriage must be registered again. When the marriage registration information is still available in the Household Register, the spouses will be issued a certified copy.
Marriage Registration Procedures Online
Can we register our marriage online?
Many localities have implemented administrative procedures online. To register a marriage online, citizens should access the online public service portal of their province or city to complete the necessary steps. Both parties must monitor text messages and emails to follow the specific instructions.
Note: When picking up the marriage certificate, both parties must be present to verify the documents and sign the application form, marriage certificate, and Household Register.
These are some important things to keep in mind before registering your marriage. The information provided is clear and comprehensive. If you have any further questions, please contact your local authorities for more detailed information. I hope that the information I have shared will be helpful to you.
