New regulation on marriage involving foreign elements
05:13 02/04/2013
On March 28, the Government issued Decree No. 24/2013/ND-CP included 6 chapters, 45 articles guiding the Marriage and Family Law on marriage and family relations involving foreign elements.
Accordingly, the provincial People’s Committees of the localities where Vietnamese citizens permanently reside shall register the marriages between Vietnamese citizens and foreigners, between Vietnamese citizens with each other which at least a party resides overseas. In cases where Vietnamese citizens have not got or not yet got permanent residence registration but have already registered their temporary residence according to the law provisions on residence, the provincial-level People’s Committees of the localities where the Vietnamese citizens temporarily reside shall register their marriages.
In cases where foreigners apply for marriage with each other in Vietnam, the provincial-level People’s Committees of the localities where either of them permanently resides shall register the marriage; in cases both of them have not got permanent residence registration in Vietnam, the provincial-level People’s Committees of the localities where either of them temporarily resides shall register the marriage.
The representative agencies shall register the marriages between Vietnamese citizens and foreigners, if the registration is not contrary to law of host country; in case where Vietnamese citizens residing abroad marry with each other, the repersentative agencies shall register the marriages if they request.
Dossier of marriage registration shall be directly submitted by one of two parties at provincial Department of Justice if perform marriage registration in Vietnam or at representative agencies if perform marriage registration at representative agencies.
Time limit to settle the marriage registration is 25 days as from the date the provincial Justice services receive the complete and valid dossiers and fees.
The Decree also detailed other articles in the Law on marriage and family relating to the recognition of fathers, mothers or children between Vietnamese citizens and foreigners, between Vietnamese citizens with each other and at least a partner residing in foreign country; recording in civil status books for recognition of fathers, mothers or children of Vietnamese citizens already carried out at foreign competent agencies; the legal status of the Centers of advisory and assistance on marriage and family involving foreign elements…
The Decree shall take effect on May 15, 2013.