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Living in HCM CityFriday, 03/25/2005, 10:32

Guidelines for Application for Marriage to a Foreigner

According to Government Decree 68/2002/ND-CP dated July 10, 1992
Guidelines for Application for M


Guidelines for Application for Marriage to a Foreigner
(According to Government Decree 68/2002/ND-CP dated July 10, 1992)


For foreigners

1-A marriage registration application, as per the form stipulated by the Ministry of Justice, with certification for the applicant�s single status. The certification must be within six months of the date of receipt of the application by the competent authority.
The certification may be in the form of a separate paper. In case foreign laws do not have stipulations for certification in the marriage registration application or for issuing the certification paper, the certification can be made under the form of an oath of single status made by the applicant in accordance with the law of his/her own country.
2-A certificate that the applicant does not have a mental disease, or does have a mental disease but not so serious that he/she cannot realize his/her action. The certificate must be issued by the competent health authority of Vietnam, for example, the HCM City Mental Health Center, or of the foreign country concerned within six months of the date of receipt of the application.
3-A copy of the passport. For foreigners living in Vietnam, a copy of the permanent residence card, the temporary residence card or the certificate for temporary residence.
4-Personal resume as per form.

For Vietnamese

1-A marriage registration application, as per form stipulated by the Ministry of Justice, with certification of the applicant�s single status by the ward people�s committee. The certification must be within six months of the date of receipt of the application.
2-A certificate by the HCM City Mental Health Center that the applicant does not have a mental disease or does have a mental disease but not so serious that he/she cannot realize his/her action. The certification must be within six months of the date of receipt of the application.
3-A copy of the identity card, family book, certificate for collective residence, or certificate for temporary residence (in case the applicant does not have or has yet to have permanent residence).
4-Personal resume as per form.
In some specific cases, the applicant must submit the following papers:
1-For Vietnamese serving in the armed forces or working in areas directly related to national secrets, they must submit the paper by the management authority at the central or provincial level certifying that the marriage with foreigners does not affect the protection of national secrets or runs counter to professional regulations.
2-For divorced applicants, they must submit a copy of the divorce verdict or decision with legal force.
In case the verdict or decision by the court or other competent authority of the foreign country concerned is not yet recorded as required by law, that verdict or decision must be recorded before submission of the application.
3-For an applicant who has a spouse dead or declared dead, they must submit the copy of the death certificate of the spouse.

Note:

-The application must be made in two sets and submitted at the Population-Police Record-Nationality Office of the HCM City Department of Justice at 141-143 Pasteur Street, District 3, HCM City.
-Upon submission of the marriage registration application and receipt of the marriage certificate, the couple must produce identity card, passport and family book. The submission can be made by one spouse but he/she must have the certified power of attorney from the absent spouse. Upon receipt of the marriage certificate, both members of the couple must be present for signing the certificate and the register.
-Foreign language documents must be submitted in originals attached with Vietnamese translations certified by the public notary office.

Documents issued by foreign diplomatic agencies in Vietnam must be legalized by the Vietnamese Ministry of Foreign Affairs or the foreign affairs agency authorized by the ministry.

Documents issued in foreign countries must be legalized by the Vietnamese consular agency in those countries.

In case documents issued abroad are brought into Vietnam but are not yet legalized, they must be certified by the foreign diplomatic agency concerned in Vietnam, and then legalized by the Vietnamese Ministry of Foreign Affairs or the foreign affairs agency authorized by the ministry.

-The time for processing the application is 30 days (including holidays and weekends).
-If the applicant couple does not come to receive the marriage certificate within 30 days of the date of making the appointment to return the application, their application will be abolished with no fee returned. In case the applicant couple has legitimate reasons for the delay, they must present the reasons in paper and fix the date to come and sign the marriage certificate, but the time limit must not exceed 90 days. Past this time, they have to resume the application procedure.

Contact agencies:

- Public Notary Office No.1: 97 Pasteur St., Dist.3
- Public Notary Office No.2: 94-96 Ngo Quyen St., Dist.5
- Public Notary Office No.3: 12 Thong Nhat St., Thu Duc Dist.
- Public Notary Office No.4: 25/5 Hoang Viet St., Tan Binh Dist.
- HCM City Department of Foreign Affairs: 6 Alexandre de Rhodes St., Dist.1
- Mental Health Center: 112 Ben Ham Tu St., Dist.5

Fee:
The HCM City Department of Justice will collect a fee of VND500,000 as stipulated in the Finance Ministry�s Decision 57/2000/QD-BTC dated April 20, 2000.
 

 


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