MARRIAGE WITH A KOERAN: PROCEDURES TO PERFORM YOU NEED TO KNOW

We receive a request for legal advice from a client. Regarding the Korean marriage procedures. In order to answer clients' problems as well as provide more information for readers, OTIS LAWYERS would like to introduce some current legal regulations and consult on the following situation!

Client Question

Hello lawyer. I have a question that needs your consultation.

I have known a Korean friend for a long time when I worked abroad in Korea. After knowing each other for a while, the two of us intend to get married and return to Vietnam to settle down. Since my husband is a foreigner, if we want to get married, which agency has the authority to register the marriage? How do I apply for the application? Thank you!

Consulting of OTIS LAWYERS

First of all, we would like to thank you for submitting your question to OTISLAWYERS. Your questions are consulted by us as follows:

Authority to register marriage

According to the provisions of Clause 1, Article 37 of the Law on civil status 2014 on the marriage registration authority:

“District-level People's Committees of places of residence of Vietnamese citizens shall register marriages between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; and between Vietnamese citizens who also have foreign citizenship and Vietnamese citizens or foreigners.”

According to the above regulations, the People's Committee of the district where you reside will have the authority to register the marriage for the two of you.

Dossiers and procedures for marriage registration with a Korean

Legal regulations

According to the provisions of Clause 1, Article 38 of the Law on civil status 2014, the dossier for marriage registration must include: “The male and female partners submit a declaration, made according to a set form, and a written certification of a competent Vietnamese or foreign health organization stating that he/she does not suffer any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts to the civil status registration agency.

Foreigners and Vietnamese citizens residing abroad shall additionally submit papers proving their marital status and copies of their passports or valid passport substitute papers.”

Specifically, according to the provisions of Article 30 of Decree 123/2015/ND-CP, the dossier includes:

1. The both partners may fill out in one single application form for marriage registration;
2. A document certifying marital status of a foreigner is a document which is issued by a foreign competent authority, remains valid, and certifies that the holder is being single. If the foreign country does not issue a document certifying marital status, an equivalent document issued by the foreign competent authority certifying the holder’s eligibility for marriage as prescribed in law of such country is required.

If the document certifying marital status of a foreigner has an indefinite term, such document and the certificate issued by the health facility as prescribed in Clause 1 Article 38 of the Law on civil status shall only remain valid in 6 months from the date of issue. 

Dossiers to prepare for marriage registration with a Korean

According to the above regulations, your husband needs to prepare the following documents:

• A certificate from an authorized Vietnamese or foreign medical organization confirming that your husband does not have a mental illness or other disease without the ability to control his behavior
• Documents of marital status. In case Korea does not issue a certificate of marital status, it shall be replaced with a document certified by a Korean competent authority that it is eligible for marriage under Korean law.
• Passport or international travel document or residence card

You need to prepare the following documents:

• A certificate from a competent Vietnamese or foreign medical organization certifying that you do not have a mental illness or other disease without the ability to control your behavior
• Certificate of marital status
• Citizenship ID/ID card, household book

After preparing all the documents, the two of you need to go to the People's Committee of the district where you reside to register your marriage. Civil status officers shall consult both parties. If the parties voluntarily get married, the marriage should be recorded in the civil status book, and both of you sign in the civil status book. Both of you signed the Marriage Certificate. The chairperson of the district-level People's Committee will hand over the marriage certificate to the two of you.

Note

If either of you cannot be present to receive the Marriage Certificate, a written request should be made to the Justice Department. The Justice Department will, at your request, extend the time limit for granting the marriage certificate, but no later than 60 days from the date the district-level People's Committee President signs the marriage certificate. If after 60 days, the two of you do not come to receive the Marriage Registration Certificate. Then the Justice Department asks the Chairperson of the district-level People's Committee to cancel the signed marriage certificate.

Therefore, the two of you need to arrange a time to come and receive the Marriage Certificate. Avoid the case of redoing the marriage registration procedure from the beginning.

Above is our advice on your questions related to Korean marriage procedures. If you have any questions, please contact OTISLAWYERS for timely support and answers.

For any questions or comments, please contact:

OTIS AND PARTNERS LAW FIRM

Office address: K28 - Group K, Lane 68 Trung Kinh, Yen Hoa Ward, Cau Giay District, Hanoi

Email: [email protected]

Hotline: 0987748111