Contents of legal consultancy services in the field of marriage and family:
1. Procedures for marriage registration:
1.1 Where to apply:
The Commune-level People's Committee where a person regularly resides and has permanent residence, or where a temporary resident and registered temporary residence. As such, you can register your marriage at the place where you are temporary staying and not have to go back to the local residents.
(When registering marriage, both men and women must be present)
1. The marriage registration declaration (with certified document by the People's Committee of the ward where each of the parties resides on the marital status and the confirmation of the marital status is valid for not more than 6 months)
2. Identity cards of each party
3. Household register book of the men or women of the place where the marriage is registered.
In cases where one of the two parties or both parties is married but has been divorced or the other has died, a copy of the legally effective judgment or decision on the divorce shall be submitted or a copy of the death certificate.
1.3 Registration of marriage involving foreign elements:
The following conditions
- Men aged 20 and over, women aged 18 and over;
- The marriage is voluntarily decided by both men and women, neither party is forced or deceived; no one is forced or hindered;
- The marriage does not fall into one of the cases of marriage ban
Order of procedures for marriage registration with foreigners:
- When applying for marriage registration, both parties must be present. Where there is an objective reason that a party cannot be present, there must be an absent letter and authorization letter for the other party to submit the file. Do not accept the submission of marriage registration documents through a third party.
- Within 20 days after receiving complete and valid dossiers and fees, the provincial/ municipal Department of Justice shall:
+ Make a face-to-face interview at the office of the Department of Justice for both men and women to check and clarify their willingness to marry, their ability to communicate in the common language and their level of understanding each other's circumstances.
+ To post the marriage for seven consecutive days at the office of the provincial/ municipal Department of Justice and post it up at the commune-level People's Committee of the locality where the involved person is a Vietnamese citizen or the place of permanent residence of the foreigner in Vietnam.
+ Studying and examining the marriage registration dossiers. In case of suspicion or complaint, denouncing or finding that there is a need to clarify the person's identity or paper in the marriage registration dossier, the provincial/municipal Department of Justice shall conduct the verification and clarification;
+ Report on the results of interviews with the involved parties, examine the marriage dossiers and propose the settlement of the marriage registration, and submit it to the provincial-level People's Committee for decision together with 01 set of the marriage registration dossier. If there is a problem to be verified under the function of the police office, the verification time is 20 days from the date of receiving the official dispatch of the Department of Justice;
- The marriage registration ceremony is organized within 7 days from the date the provincial People's Committee president signs the marriage certificate. When organizing the marriage registration ceremony, there must be both men and women side. Representatives of the Department of Justice presided over the marriage ceremony, requesting the two sides to announce their final intention to voluntarily marry. If the two parties agree to get married, the representative of the provincial/ municipal Department of Justice shall record the marriage into the marriage registration book, request each party to sign the marriage certificate, the marriage registration book and transfer it to each spouse 01 original marriage certificate.
Procedures for carrying out procedures for marriage with foreigners:
Both men and women must submit dossiers directly. In cases where a party is sick due to illness, occupation or other valid reasons but cannot be present to directly submit the dossier, he/she shall have to authorize the other person to file the dossier instead. The reason for the absence must be validly certified.
- The marriage registration declaration (made according to a set form); - The marriage status certificate of each party issued by a competent agency of the country of which the applicant is a citizen has been issued for not more than 6 months up to the date of receipt of the dossier, confirm that he/ she does not has a wife or husband. In cases where the law of the country where the marriage applicant is a citizen does not provide the certificate of marital status, he/ she can replace the written certification of the marital status with the affidavit that they are not married or unmarried, in accordance with the laws of that country;
- A certificate issued by a competent Vietnamese or foreign health organization not exceeding 6 months, up to the date of receipt of the dossier, certifying that the person is not suffering from mental illness or other illness that makes them cannot aware, master of their behavior;
- A notarized or authenticated copy of identity card (for Vietnamese citizens in the country), passport or substitute paper such as laissez-passer or residence card (for foreigners and citizens) Vietnam resides overseas);
- A notarized or certified copy of household registration book or certificate of collective residence or temporary residence certificate (for Vietnamese citizens in the country), permanent residence card or temporary residence card or a certificate of temporary residence (for foreigners in Vietnam).
- Apart from the above-mentioned papers, Vietnamese citizens currently serving in armed forces or working directly related to State secrets must submit the written certifications of agencies or organizations to manage a branch at the central or provincial level, certify that the person married to a foreigner does not affect the protection of the State secrets or in contravention of the regulations of that branch.
- Conditions for divorce
a) If the foreign defendant can be contacted through their relatives, the court will through the relative abroad to send the defendant's statement and asks them to respond to the case. statements or documents necessary for the settlement of the divorce. Based on the testimonies and documents received, the court settles in accordance with the general procedure.
b) If there is no contact with the defendant abroad, the court shall issue a decision suspending the case, explaining to the plaintiff that they have the right to initiate a lawsuit requesting the district People's Court of the place where they permanently reside to announce that the defendant missing or dead. This is the basis for the termination of marriage.
c) If there are grounds to show that the defendant's relatives know but do not provide the address or information of the defendant to the court and do not comply with the request of the court (in the first section), this is considered a case of Intentionally hide the address, refuse to provide information. Asked the second time but their relatives still refused to cooperate, the court brought the case to trial in the absence of the defendant in accordance with the general procedure. After the trial, the court shall immediately send to the defendant's relatives a copy of the judgment or decision and at the same time post up the copy of the judgment or decision at the office of the commune-level People's Committee at the last residence of the defendant, so that the involved parties may exercise their right to appeal according to the provisions of the procedural law.
2.2.2 Overseas Vietnamese marry foreigners and their marriage has been recognized in Vietnam. Now return home and foreigners applying for divorce
- If the foreigner (the plaintiff) is applying for a divorce from Vietnamese who is still a Vietnamese citizen and resides in Vietnam, the court shall accept the case as follows: Citizens of countries where Vietnam has signed a judicial assistance agreement, the treaty will be applied (if the agreement is different from domestic law), or the 2000 Law on Marriage and Family will apply (unless otherwise stated). Where the plaintiff is a citizen of a country where Vietnam has not yet signed a judicial assistance agreement, the 2000 Law on Marriage and Family shall apply. In both cases, the settlement of the property is the real estate property in a foreign country where the divorce complies with the law of that country. In cases where the Vietnamese nationality is no longer in Vietnam, the court will not accept the case even if they are residing in Vietnam. This does not fall under the jurisdiction of the Vietnamese court.
2.2.3. Vietnamese citizens in Vietnam applying for divorce from foreigners residing abroad
- There are many cases where foreigners after marriage with Vietnamese in Vietnam have gone abroad and not returned. If a person in the country applies for a divorce, the court verifies the address of the defendant abroad in order to obtain a testimony. If no contact can be made and the foreigner does not contact his spouse within one year or more, the court considers that the defendant deliberately concealed the address. The lawsuit for the divorce is settled in the defendant's absence.
3.1 Provisions on the care, education, raise of children after divorce are as follows:
After the divorce, the husband and wife shall still have the obligation to look after, care for, educate and nurture their minor children or adolescents who are disabled or have lost their civil act capacity and have no working capacity and do not have the property to support themselves. Persons who do not directly raise their children are obliged to support their children.
The husband and wife agree on the person directly raising children, the rights and obligations of each party after the divorce of the child; If no agreement can be reached, the court shall decide to assign the child to a party directly rearing based on the interests the children; If the child is 9 years old or older, the child's wishes must be considered. In principle, children under 3 years old are assigned to the mother directly raising, unless otherwise agreed by the parties.
3.2 Adoption Register:
For Vietnamese living in Vietnam: Register at the People's Committee of the ward where the applicant resides or the person to be adopted
- The application for adoption is certified by the agency where the person receiving the work (for people working in state agiencies, laborers, armed forces) or the People's Committee of the ward where they reside (for other people).
- Commitment to care and educate the child.
- If a husband or wife must have the signature of both wife and husband.
- A written consent for the child to be adopted by his / her natural parents, guardians, medical or nurturing facility (with the certification of the People's Committee of the place of residence or the place where the medical facility is located).
- The birth certificate of the adopting person and of the person to be adopted (in case the child has not been registered, the birth certificate must be registered before the child adoption registration).
- The identity card of the adopter.
- The household of the adopter and the adopted child.
- If the adopted child is 9 years old or older, the consent of that person must be obtained.
Note: If the adopted child is a war invalid, the disabled or the adopter is old and lonely, the petition must be certified by the People's Committee of the place of residence in respect of that special circumstance.
Foreigners seeking to adopt children living in Vietnam: Register at the provincial/municipal Department of Justice of the province or city where such child resides.
- A dossier (2 sets) comprises:
- The application for adoption of Vietnamese children according to a set form;
- A copy of the passport or substitute paper;
- A valid permit issued by a competent authority of the country where the applicant permanently resides, permitting him/her to adopt a child. If the country where the permanent residence applicant does not issue this type of permit, it shall be replaced by a certificate of eligibility for child adoption in accordance with the law of that country;
- A certificate issued by a competent medical organization of the country where the child adoption applicant permanently resides for not more than 6 months, up to the date of receipt of the dossier certifying that he/she is healthy or suffering from mental illness, Infectious Diseases;
- The paper certifying the income of the child adoption applicant, proving that he / she ensures the child adoption;
- The applicant's judicial record card issued by the competent body of the country where he / she permanently resides is less than 6 months up to the date of receipt of the dossier.
- A written consent for the child to be adopted by the biological parent of the adopted child, including the case of divorce
- The representative office shall translate the dossier into Vietnamese and certify the translation. The adoption case is exempt from legalization and transferred between the central agencies of the two countries in charge of adoption.
Note: Currently, Vietnam only accepts applications for Vietnamese children to be adopted by nationals of countries that have signed a cooperation agreement on adoption with Vietnam.
- Common property
- General debt
- Divide the property in the marriage
- Personal Property
- Personal debt
4.1. When the husband and wife divorce, the division of property upon their divorce shall comply with the following principles:
1. The division of property upon the divorce shall be agreed upon by the parties; If no agreement can be reached, ask the court to settle. The personal property of any party belongs to that party.
2. The division of common property shall be settled according to the following principles:
a) The common property of the husband and the wife is divided in two in principle, but considering the situation of each party, the state of property and labor contributed by each party to the creation, maintenance and development of this property. The labor of husband and wife in the family shall be regarded as labor income;
b) To protect the legitimate rights and interests of wife, juvenile and/or minor children or person who have lost their civil act capacity, have no working capacity and have no property to support themselves;
c) To protect the legitimate interests of each party in production, business and profession so that the parties can continue to generate income;
d) Common property of husband and wife divided in kind or value; Any party who receives a part of the property in kind which has a value greater than his / her share shall pay the other amount of the difference.
3. The payment of the common property obligations of the husband or wife is agreed upon by the husband and the wife; If no agreement can be reached, the court shall request the settlement.
5. Foreign divorce procedures
6. Foreign marriage procedures
7. Procedures for recognizing fathers (or mothers) to children;
8. Procedures for recognizing children for father (or mother);
9. Procedures for adoption.
10. Refer to the video on marriage law.
Translated from: Luật sư tư vấn luật hôn nhân gia đình
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