What is marriage registration annotation? Does it affect divorce proceedings?
What is marriage registration annotation?
Marriage registration annotation is a legal procedure to record in Vietnam's Civil Status Book a marriage that has taken place abroad. According to Clause 1, Article 34 of Decree No. 123/2015/ND-CP, if a Vietnamese citizen is lawfully married abroad (to a Vietnamese or a foreign national) and the marriage meets the requirements under the Law on Marriage and Family of Vietnam, they can request the competent Vietnamese authority to record this event in Vietnam's Civil Status Book.
Why is marriage registration annotation necessary?
Confirmation of marital status: Annotation officially confirms that you are “married,” avoiding misunderstandings of being single when only holding foreign-issued documents.
Protect legal rights: Your marriage is legally recognized in Vietnam, enabling personal transactions such as insurance, taxation, property ownership, and more involving your spouse.
Prevent legal complications: Without annotation, you might be considered unmarried or divorced under Vietnamese law, causing difficulties in registering property, insurance, and other legal processes.
Conditions & procedures for marriage annotation
Who is eligible?
Vietnamese citizens who legally married abroad (including to foreigners).
The marriage must not violate prohibitions under Vietnamese Law on Marriage and Family (e.g., age, blood relation).
If the marriage was initially invalid under Vietnamese law (e.g., underage marriage) but was later rectified appropriately, annotation is still possible.
Competent authority
The District-level People’s Committee (UBND cấp huyện) where the Vietnamese citizen resides is responsible for receiving and processing the annotation.
If the committee refuses the request on legal grounds, the Department of Justice must provide a written explanation.
Required documents
In accordance with Articles 35, 37, and 50 of Decree 123/2015/ND-CP and Circular 04/2020/TT-BTP:
Completed marriage annotation application form (as per template).
A certified copy of the marriage certificate issued by the foreign authority (must be notarized, legalized, and translated into Vietnamese).
If divorced or annulled abroad, a certified copy of the divorce/annulment annotation is required.
Valid personal identification: passport, citizen ID, or national ID.
If submitted by post or online, notarized copies of personal documents are required.
Process
Submit the dossier to the District-level People’s Committee or via the National Public Service Portal.
The Department of Justice reviews and verifies the documents:
Processing time: 5 working days; up to 10 days if additional verification is needed.
The marriage is recorded in the Civil Status Book and a certified extract is issued, signed by the district authority.
Results can be collected in person, by mail, or online depending on the selected option.
Fees
Fees are regulated by the provincial or municipal People’s Council.
Exemptions apply to low-income individuals, people with disabilities, and families under preferential policies.
Does marriage annotation affect divorce?
1. Annotating marriage → still requires divorce annotation
Marriage annotation merely confirms a valid marriage. If the couple later divorces abroad, they must also carry out a divorce annotation in Vietnam (similar procedure).
2. If marriage is annotated but divorce is not
Vietnamese law still considers you “married,” i.e., not legally divorced in Vietnam.
This affects future marital status declarations, asset division, inheritance, insurance, etc.
3. Divorced before annotating marriage?
If the couple has already divorced abroad and annotated the divorce before applying for marriage annotation, the process remains valid.
However, if you annotated the marriage first and only divorced later, you must complete the divorce annotation afterward to be legally recognized.
Summary – Quick FAQ
What is marriage annotation?: It is the official recording of a marriage that took place abroad into Vietnam’s Civil Status Book.
When is it needed?: When a Vietnamese citizen marries abroad (to a Vietnamese or foreigner) and needs recognition under Vietnamese law.
How long does it take?: About 5–10 working days.
Does it replace divorce annotation?: No. Divorce annotation must be done separately.
Conclusion
Marriage annotation is essential if you were married abroad—it protects your marital rights in Vietnam.
However, if you divorce abroad, it is mandatory to complete the divorce annotation to ensure your legal marital status is clear under Vietnamese law.
Skipping this step may lead to complications in remarrying, verifying marital status, and managing assets—especially regarding real estate, insurance, or household registration.
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