Working abroad, how do workers have to do for marriage registration?

Wed, 25 Nov 2020 17:55:00  |  Print  |  Email   Share:

Readers have email thanhthuyx @ xxx asking: I and my fiancé are currently working abroad.Due to work, we have not been able to return yet and we have a baby, and we want to apply for marriage first.So is there a way to register or register a marriage away from home?

The Labor Newspaper's legal consultancy office replied:

Clause 3, Article 19 of Decree 126/2014 / ND-CP details a number of articles and measures to implement the Law on Marriage and Family as follows:

Vietnamese diplomatic missions, consular representative missions and other agencies authorized to perform the consular function abroad (below referred to as representative missions) shall register marriages between Vietnamese citizens and foreigners if such registration does not contravene the laws of host countries..

Representative missions shall register marriages between Vietnamese citizens residing abroad if so requested.

Article 36 of Decree 126/2014 / ND-CP on the conditions and forms of recognition of a Vietnamese citizen's marriage settled at an overseas competent authority:

1. The marriage between Vietnamese citizens or between a Vietnamese citizen and a foreign which has been settled at a competent foreign agency abroad shall be recognized in Vietnam when it satisfies the following conditions:

a/ The marriage complies with the foreign law;

b/ At the time of getting married, the partners satisfy the marriage conditions prescribed by the Law on Marriage and Family of Vietnam;

In case the marriage conditions are violated under Vietnamese law but at the time of requesting marriage recognition, the consequences of such violation have been remedied or the marriage recognition is favorable in protecting the interests of women and children, such marriage shall be recognized in Vietnam.

2. The marriage recognition prescribed in Clause 1 of this Article shall be recorded in the marriage registration book according to the procedures prescribed in Article 38 of this Decree.

After recording a marriage in the book, the provincial-level Justice Department director or head of the representative mission shall sign and grant the applicant a certificate of recording in the civil status book of the marriage already registered at the competent foreign agency, made according to a prescribed form.

Thus, in case of harm, if you cannot return home to register your marriage, you can go to diplomatic missions, consular missions and other agencies authorized to perform the consular functions of Vietnam in Vietnam.

Legal advice

Contact the free legal advice hotline 19008088 - call the hotline: 0979310518; 0961360559 to get quick and timely answers or email us: tuvanphapluat@laodong.com.vn or go to 6 Pham Van Bach, Hanoi and 198 Nguyen Thi Minh Khai, Ward 6, Q3, HCMC to get Lawyer consulting directly on Tuesday and Friday every week.

This column is done with support from YouMe Law Firm.

By: NAM DƯƠNG(Newspaper)/ Translator: HaiYen-Bizic

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