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What agency has the jurisdiction to record overseas divorces in the civil status register?
Under Article 38 of Decree 123/2015/ND-CP, the recording of an overseas divorce between a Vietnamese national and a foreigner in the civil status register will be carried out by:
- The district-level People’s Committee at which the marriage was registered or which carried out the recording of the marriage in the civil status register;
- The district-level People’s Committee of the locality where the Vietnamese citizen resides, in case the marriage registration or the recording of marriage was conducted at a provincial-level Justice Department;
- The district-level People’s Committee superior to the commune-level People’s Committee at which the marriage registration was carried out, in case the marriage was registered at a commune-level People’s Committee;
- The district-level People’s Committee of the locality where the Vietnamese citizen resided before leaving the country, in case the Vietnamese citizen does not permanently reside in Vietnam;
- The district-level People’s Committee of the locality where the Vietnamese citizen permanently resides, in case the recording of the divorce is requested by a Vietnamese citizen, who used to live abroad and had his/her marriage registered at an overseas representative mission or a foreign authority, now returns to live in the country; or,
- The district-level People’s Committee that receives the dossier of marriage registration, in case the recording of the divorce is requested by a Vietnamese citizen whose prior marriage was registered at an overseas representative mission or a foreign authority and who is carrying out procedures for registration of his/her subsequent marriage.- (VLLF)
