Hiển thị các bài đăng có nhãn Marriage dispute law firm in Vietnam. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn Marriage dispute law firm in Vietnam. Hiển thị tất cả bài đăng

Thứ Tư, 7 tháng 4, 2021

Regulations on Online Civil Status Registration in Vietnam


On July 28th, 2020, the Government issued Decree No. 87/2020/ND-CP (Decree 87) regulating the electronic civil status database, online civil status registration i.e. birth certificate registration, marriage certificate registration, death certificate registration.


Marriage dispute lawyers in Vietnam

The Decree is the provisions on the building, management, updating, exploitation and use of the electronic civil status database; connecting and sharing data between the electronic civil status database with the national population database, the national public service portal, the public service portal, the provincial electronic one-door information system, other databases of ministries, branches and localities; issue copies of civil status extracts, certify civil status information; online civil status registration. Although an application can be submitted online, the person applying for civil status registration must still be present at the civil status registry to sign the civil status book and receive results in case of registration of the following procedures: birth certificate registration; marriage registration; guardian registration; recognition of parents, children; change, correct civil status, redefine ethnicity, supplement civil status information; death registration.

Upon receiving results at the civil status registration office, the requester for civil status registration must submit and present papers and documents that are part of the civil status registration dossier as prescribed.

Cases in which the requester is not present at the civil status registration office to sign the civil status book and receive the results, but still have to submit and present papers and documents that are part of the household registration dossier civil status according to the law on civil status, including: confirm civil status information; record in the civil status book the birth, marriage, divorce, marriage cancellation, guardianship, recognition of father, mother, child, identification of father, mother, child, adoption, change of civil status, death registration of Vietnamese citizens who have been settled at a foreign competent authority.

To perform online civil status registration, the requester needs to access the National Public Service Portal, the Provincial Public Service Portal to register an account and authenticate users according to the instructions. Upon successful account login, the requester must provide information in the available form; attach photocopies or electronic copies of papers, documents as prescribed; pay fees and charges through the online payment function or by other means as prescribed by law. After the submission of the dossier is completed, the system will automatically send a number of administrative documents for the requester to follow up, look up the progress of the application or access to complete the application when requested by the civil status registration agency.

Decree 87 will take effect from September 15, 2020. The construction of the civil status database, the development of online civil status registration, helps people to handle administrative procedures anytime, anywhere, without having to travel many times, without having to queue and not takes time to wait, limits crowds. In addition, the use of online public services also contributes to reducing the harassment, bureaucracy and troubles of a part of cadres and civil servants, increasing the publicity and transparency of the state agencies file handling.

ANT Lawyers in a law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

Chủ Nhật, 3 tháng 1, 2021

The cases for marriage registration be rejected when marriage with foreign elements

When marriages with foreign element are rejected?

Before a foreigner and Vietnamese decide to get married, they must have known each other for some time. However,due to difference in cultures, and laws in different countries, they might fall under cases which are not allowed by Vietnam State Authority to get married.

The marriage registration of marriage with foreign elements will be rejected in the following cases:

-One or both parties fail to reach the Vietnam legal age of marriage

-The foreign applicant is not old enough to get married under the laws of the country where he/she is a citizen or permanent resident (for stateless persons)

-The marriage is not voluntarily decided by both parties

-There is deception, forced marriage

-One or both parties are married

-One or both parties lose the civil act capacity

-The parties are in the direct line of descent or relatives within three generations

-The parties are or have been father, mother and child, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and his wife’s children, stepmother and her husband’s children

-The parties of the same sex (men marrying men and women marrying women)

-The marriage registration is also be rejected, if the results of the interview, examination, verification show that the marriage through illegal brokers, sham marriage does not aim to build a prosperous, equality, progress, happiness and sustainability family, married inconsistent with the habits and customs of culture, taking advantage of the marriage to trafficking in women and sexual abuse against women or for other personal benefits.

ANT Lawyers - Law firm in Vietnam, we provide services for marriage and family, please contact us for advices at email: ant@antlawyers.vn or call us at +84 28 730 86 529.

 

New procedure in marriage with foreign element

From February 17th 2014, the marriage between Vietnamese and foreigner belonging to one of following cases must be consulted, supported by the Center of Consulting, supporting marriage and family with foreign element:

Marriage dispute law firm in Vietnam

-A spouse is 20 years older than the other.

-The foreigners get married the third time or have married and divorced with the Vietnamese ex-spouses in the past.

-Either spouses have not yet understood the family situation, personal situation of each other; don’t understand the language, customs, habits, culture, laws on marriage and

family of the other country.

-In above cases, the Department of Justice at provincial level must organize interview(s) before issuing the Clarification of marriage status for Vietnamese party.

-Besides, after 90 days from the date issuing marriage certificate, if the parties do not conduct marriage registration ceremony, the Marriage Certificate will become invalid.

ANT Lawyers- Marriage and family dispute law firm in Vietnam that has experience in civil and family matters to advice clients whom are interested for such legal service in Vietnam. We assist our clients in the process of reviewing agreements, procedures and concerned matters in civil and family.


Thứ Tư, 9 tháng 9, 2020

Marriage and family in Vietnam


Marriage and family matters are of importance to each individual. Decision on such will impact their life for a long period of time. Marriage and family lawyers could help clients make right decisions and provide services required. At ANT Lawyers, a law firm in Vietnam with offices in Hanoi and Ho Chi Minh City, we assist clients on:

-Consulting the general provisions of the Law on Marriage and Family in Vietnam;

-Reviewing and drafting prenuptial agreement;

-Advising on marriage with foreigners;

-Advising on divorce involving foreigners;

-Consulting on division of property, children in divorce;

-Consulting on lawsuit to protect interests;

-Lawyers representing and protecting the clients at competent authorities;

-Consulting on child adoption procedures.

Please contact us for inquiries through email ant@antlawyers.vn, call our office at +84 28 730 86 529 or talk to our partner directly at + 84 912 817 823


Thứ Hai, 24 tháng 8, 2020

The cases for marriage registration be rejected when marriage with foreign elements


When marriages with foreign element are rejected?
Before a foreigner and Vietnamese decide to get married, they must have known each other for some time. However,due to difference in cultures, and laws in different countries, they might fall under cases which are not allowed by Vietnam State Authority to get married.


-One or both parties fail to reach the Vietnam legal age of marriage

-The foreign applicant is not old enough to get married under the laws of the country where he/she is a citizen or permanent resident (for stateless persons)

-The marriage is not voluntarily decided by both parties

-There is deception, forced marriage

-One or both parties are married

-One or both parties lose the civil act capacity

-The parties are in the direct line of descent or relatives within three generations

-The parties are or have been father, mother and child, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and his wife’s children, stepmother and her husband’s children

-The parties of the same sex (men marrying men and women marrying women)

-The marriage registration is also be rejected, if the results of the interview, examination, verification show that the marriage through illegal brokers, sham marriage does not aim to build a prosperous, equality, progress, happiness and sustainability family, married inconsistent with the habits and customs of culture, taking advantage of the marriage to trafficking in women and sexual abuse against women or for other personal benefits.

ANT Lawyers provide services for marriage and family, please contact us for advices at email: ant@antlawyers.vn or call us at +84 28 730 86 529.



Thứ Ba, 18 tháng 8, 2020

Regulations on Online Civil Status Registration in Vietnam


On July 28th, 2020, the Government issued Decree No. 87/2020/ND-CP (Decree 87) regulating the electronic civil status database, online civil status registration i.e. birth certificate registration, marriage certificate registration, death certificate registration.
The Decree is the provisions on the building, management, updating, exploitation and use of the electronic civil status database; connecting and sharing data between the electronic civil status database with the national population database, the national public service portal, the public service portal, the provincial electronic one-door information system, other databases of ministries, branches and localities; issue copies of civil status extracts, certify civil status information; online civil status registration. Although an application can be submitted online, the person applying for civil status registration must still be present at the civil status registry to sign the civil status book and receive results in case of registration of the following procedures: birth certificate registration; marriage registration; guardian registration; recognition of parents, children; change, correct civil status, redefine ethnicity, supplement civil status information; death registration.
Upon receiving results at the civil status registration office, the requester for civil status registration must submit and present papers and documents that are part of the civil status registration dossier as prescribed.
Cases in which the requester is not present at the civil status registration office to sign the civil status book and receive the results, but still have to submit and present papers and documents that are part of the household registration dossier civil status according to the law on civil status, including: confirm civil status information; record in the civil status book the birth, marriage, divorce, marriage cancellation, guardianship, recognition of father, mother, child, identification of father, mother, child, adoption, change of civil status, death registration of Vietnamese citizens who have been settled at a foreign competent authority.
To perform online civil status registration, the requester needs to access the National Public Service Portal, the Provincial Public Service Portal to register an account and authenticate users according to the instructions. Upon successful account login, the requester must provide information in the available form; attach photocopies or electronic copies of papers, documents as prescribed; pay fees and charges through the online payment function or by other means as prescribed by law. After the submission of the dossier is completed, the system will automatically send a number of administrative documents for the requester to follow up, look up the progress of the application or access to complete the application when requested by the civil status registration agency.
Decree 87 will take effect from September 15, 2020. The construction of the civil status database, the development of online civil status registration, helps people to handle administrative procedures anytime, anywhere, without having to travel many times, without having to queue and not takes time to wait, limits crowds. In addition, the use of online public services also contributes to reducing the harassment, bureaucracy and troubles of a part of cadres and civil servants, increasing the publicity and transparency of the state agencies file handling.




Thứ Sáu, 14 tháng 8, 2020

New procedure in marriage with foreign element


From February 17th 2014, the marriage between Vietnamese and foreigner belonging to one of following cases must be consulted, supported by the Center of Consulting, supporting marriage and family with foreign element:


-A spouse is 20 years older than the other.

-The foreigners get married the third time or have married and divorced with the Vietnamese ex-spouses in the past.

-Either spouses have not yet understood the family situation, personal situation of each other; don’t understand the language, customs, habits, culture, laws on marriage and family of the other country.

-In above cases, the Department of Justice at provincial level must organize interview(s) before issuing the Clarification of marriage status for Vietnamese party.

-Besides, after 90 days from the date issuing marriage certificate, if the parties do not conduct marriage registration ceremony, the Marriage Certificate will become invalid.

ANT Lawyers have experience in civil and family matters to advice clients whom are interested for such legal service in Vietnam. We assist our clients in the process of reviewing agreements, procedures and concerned matters in civil and family.