IS THE AUTHORIZATION MADE FOR MARRIAGE REGISTRATION?

IS THE AUTHORIZATION MADE FOR MARRIAGE REGISTRATION?
Posted date: 08/09/2020

I and my husband is going to register for our marriage. Due to the long-distance, we cannot go back to our hometown to carry out this procedure. Can we authorize our relatives to apply for our marriage registration certificate? Hope to hear from you soon.

FDVN's opinion:

Thank you for trusting the legal service of FDVN Law Firm (FDVN). Regarding your case, after studying the relevant legal documents, FDVN Law Firm offers the following advice:

The right to get married is one of the moral rights under Clause 1, Article 39 and Clause 1, Article 25 of Civil Code 2015: “Personal rights specified in this Code are civil rights inherent to each natural person that cannot be transferred to other persons, unless otherwise provided for by other laws.”

Besides, it is stipulated in Clause 1, Article 9 of Law on Marriage and Family 2014 that “A marriage shall be registered with a competent state agency in accordance with this Law and the law on civil status.

And according to Clause 1, Article 2 of the Circular No.04/2020/TT-BTP: “An applicant for issuance of a copy of a civil status extract, issuance of a marital status certificate or registration of a vital event listed in Article 3 of the Law on Civil Status (hereinafter collectively referred to as “civil registration application”) may authorize another person to carry out such application; excluding marriage registration, marriage re-registration and recognition of the parent-child relationship, which may not be authorized  but one party may submit an application to the competent civil registration authority without a written authorization from the other party.”

It can be understood that according to our current law provisions, marriage registration is one of the procedures that the requesters cannot authorize another one to carry out. Therefore, you have to register your marriage and apply for the marriage registration certificate at the competent authority.

We hope that our opinions are useful to you.

Legal advisor: Nguyen Thi Suong

FDVN Law Firm


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