Granting single status certificate in Vietnam to register their marriage with foreigner

Procedures for granting single status certificate in Vietnam to register their marriage with foreigner shall comply with the Article 28 of Decree No.126/2014/ND-CP dated 31/12/2014 of the Vietnam Government detailing a number of articles and measures for implementation of the Law on Marriage and Family.

Granting single status certificate in Vietnam to register their marriage with foreigner

A.Procedures for granting single status certificate in Vietnam to register their marriage with foreigner

1. A dossier for granting single status certificate in Vietnam to register their marriage with foreigner  shall be made in 1 set, comprising the following papers:

a/ Declaration for granting single status certificate in Vietnam to register their marriage with foreigner made according to a prescribed form;
b/ A copy of one of the personal identification papers such as identity card, passport or another valid substitute paper;
c/ A copy of the residence registration book or temporary residence book of the applicant.
A Vietnamese citizen who has divorced at a competent foreign agency shall submit a written certification of recording in the civil status book of the divorce already settled abroad as prescribed by Vietnamese law.

2. The applicant shall submit the dossier for granting single status certificate in Vietnam to register their marriage with foreigner directly at a competent commune-level People’s Committee.

3. Within 2 working days after receiving a complete and valid dossier and a fee, the commune-level People’s Committee shall examine personal identifications and the marital status of the applicant; and send to the provincial-level Justice Department a report on examination results, clearly stating matters to be consulted, together with a photocopied dossier.

4. Within 10 working days after receiving a written request of the commune-level People’s Committee together with the dossier, the provincial-level Justice Department shall:

a/ Appraise the validity and completeness of the dossier for granting single status certificate in Vietnam to register their marriage with foreigner. When finding it necessary to clarify the personal identification details, marital status, marriage conditions and purpose of the applicant for a marital status certificate, the provincial-level Justice Department shall make verification;
b/ Request the Vietnamese citizen to be present at the office of the provincial-level Justice Department for an interview to clarify his/her voluntariness and purpose of their marriage, his/ her understanding about the family and personal circumstances of the foreign partner; about the language, customs, practices, culture and marriage and family law of the country or territory where the foreigner resides;
c/ Request the foreign partner to come to Vietnam for an interview if the appraisal, verification or interview result shows that the Vietnamese citizen does not understand the family and personal circumstances of the foreigner; or the language, customs, practices, culture and marriage and family law of the country or territory where the foreigner resides or the Vietnamese citizen said he/she will not be present at the competent foreign agency abroad for marriage registration;
In case an interpreter is needed for the interview, the provincial-level Justice Department shall appoint an interpreter.
The interview result shall be recorded in writing. The interviewer shall state his/her proposal in and sign the interview document. The interpreter (if any) shall undertake that he/ she has accurately interpreted the interview contents and sign the interview document.
Based on appraisal, verification and interview results, the provincial-level Justice Department shall issue a written reply to the commune-level People’s Committee for grant of a marital status certificate to the applicant.
In case of refusal, the provincial-level Justice Department shall issue a written reply clearly stating the reason to the commune-level People’s Committee for notification to the applicant.

5. Within 2 working days after receiving a written reply from the provincial-level Justice Department, the commune-level People’s Committee shall sign a single status certificate in Vietnam to register their marriage with foreigner or issue a written reply clearly stating the reason for refusal to grant a marital status certificate to the applicant.

B. Refusal to granting single status certificate in Vietnam to register their marriage with foreigner at competent foreign agencies

A request for granting single status certificate in Vietnam to register their marriage with foreigner at a competent foreign agency shall be refused when:

1. The Vietnamese citizen requests granting single status certificate in Vietnam to register their marriage with foreigner at a foreign diplomatic mission or consular representative mission in Vietnam;

2. The examination and verification result shows that the marital status of the Vietnamese citizen is inconsistent with the declaration in the dossier; the partners are ineligible to get married under the Law on Marriage and Family of Vietnam;

3. The interview result shows that the partners have not understood the family and personal circumstances of each other or the language, customs, practices, culture and law on marriage and family of each country; or

4. The marriage is arranged through brokerage for profit-seeking purpose; is sham not for the purpose of building a well off, equal, progressive, happy and sustainable family; or is made use of for human trafficking, labor exploitation, sexual abuse or for other self-seeking purposes.

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