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| Illustrative image__Source: Internet |
My wife was married once before in Vietnam but she and her ex filed for divorce at a foreign authority. In this case, do we need to carry out any further formalities?
If your wife had a prior marriage which had been registered in Vietnam but the divorce procedures were carried out at a foreign authority, she will have to submit an extract proving the recording of the divorce in the civil status register. Under Article 39 of Decree 123 of 2015, a dossier for the recording of a divorce in the civil status register must comprise a declaration made according to a set form and a copy of the legally effective divorce decree.
Procedures for recording a divorce in the civil status register are as follows:
+ Within five working days after receiving a valid dossier, the civil status officer of the district-level Justice Division will check the dossier. If the recording of the divorce does not violate the law or does not fall into a case requiring announcement on the Portal of the Ministry of Justice, the head of the district-level Justice Division will record it in the civil status register and issue an extract of the civil status register, signed by the district-level People’s Committee chairperson, to the applicant.
If verification is needed, the time limit may be extended to 10 working days.
+ If the request for recording a divorce violates the law or falls into a case subject to announcement on the Portal of the Ministry of Justice, the head of the district-level Justice Division will report it to the district-level People’s Committee chairperson for the latter to issue a letter of refusal.
+ If the marriage was previously registered at a commune-level People’s Committee or provincial-level Justice Department, after recording the divorce in the civil status register, the district-level Justice Division will send a notice, together with an extract of the civil status register, to the commune-level People’s Committee or provincial-level Justice Department for further recording in the civil status register kept at the commune-level People’s Committee or provincial-level Justice Department; if the marriage was registered at an overseas representative mission, the notice will be sent to the Ministry of Foreign Affairs for notification to the overseas representative mission to further recording in the civil status register kept at the overseas representative mission.-(VLLF)
