Can I apply for marriage registration at the place of temporary residence ?

Hi DMS Lawyer in Vietnam! I have registered permanent residence in Hai Phong, but I am living and have temporary residence book in Da Nang. Can I apply for marriage registration in Da Nang, the place of my temporary residence ? Coud you advise me about marriage registration ? 

Hi!

Marriage registration:

A marriage must be registered with a competent state agency in accordance with this Law and the law on civil status. A marriage which is not registered under this Clause is legally invalid (Clause 1 Article 9 Law on Marriage and Family No. 52/2014/QH13 dated 06/19/2014).

Competence to register marriage:

Commune-level People’s Committee of the place of residence of either of the male or female partner shall implement marriage registration (Clause 1 Article 17 Law on Civil Status No. 60/2014/QH13 dated 11/20/2014).

Competence to issue certificates of marital status:

The commune-level People’s Committee where a Vietnamese citizen permanently resides shall issue him/her a certificate of marital status.

If a Vietnamese citizen has no permanent residence address but has a temporary residence registered as prescribed in law on residence, the commune-level People’s Committee where he/she has registered temporary residence shall issue him/her a certificate of marital status (Clause 1 Article 21 Decree No.123/2015/ND-CP dated 11/15/2015).

Place of residence of individuals:

The place of residence of an individual is the place where such person regularly lives.

In cases where it is impossible to determine an individual's place of residence as provided for in Clause 1 of this Article, his/her place of residence shall be the place where such person is currently living (Clauses  1 and 2 Article 40 The Civil Code No. 91/2015/QH13 dated 11/24/2015).

Place of residence of citizens:

The place of residence of a citizen means a lawful domicile where such person regularly lives. The place of residence of a citizen is the place of his/her permanent residence or the place of his/her temporary residence.

A lawful domicile can be a dwelling house, a mean or other building where citizens live. Lawful domiciles can belong to citizens' ownership or be leased, rented or let for free-of-charge stay by agencies, organizations or individuals in accordance with law.

Place of permanent residence means a place where a citizen lives regularly, stably, indefinitely at a given locality and has registered his/her permanent residence.

Place of temporary residence means a place other than the registered place of permanent residence where a citizen lives and has registered his/her temporary residence.

Where a citizen's place of residence defined in Clause 1 of this Article cannot be identified, his/her place of residence is the place where he/she is living (Article 12 Law on Residence No. 03/VBHN-VPQH dated 11 July 2013).

In conclusion, the place of residence of a citizen means a lawful domicile where such person regularly lives. Place of permanent residence means a place where a citizen lives regularly, stably, indefinitely at a given locality and has registered his/her permanent residence. Therefore, you need to apply for marriage registration at the place of permanent residence, unless you do not have that place./.

Related topics:

Identification of parents and children involving foreign elements in Vietnam

How to register for acknowledgement of paternity in Vietnam ?

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Can I apply for marriage registration at the place of temporary residence ?