*Lawyer Duong Thi Ngoc Tram - Phong & Partners Law Firm, answers:

Currently, there are about 6 million Vietnamese people living and working abroad. During  their time overseas, many Vietnamese citizens have married foreigners abroad. Later, due to the change  in life circumstances or for other reasons, Vietnamese people who have married in other countries returned to live in Vietnam and wish to engage in civil relationships and transactions. Nevertheless, they encounter difficulty when participating, especially when it comes to real estate transactions and transfers because their marital relationship is not recognized in Vietnam. Hence, how can such marriages be recognized in Vietnam and is it necessary to re-register marriage in Vietnam?

Clause 1, Article 48 of the 2014 Civil Registry Law stipulates the authority to record in the Civil Registry Book, the civil status of Vietnamese citizens that has been resolved at a competent foreign authority, as follows: “1. District People’s Committee where a Vietnamese citizen resides, records in the Civil Registry Book the birth; marriage; guardianship; recognition of father, mother, child; determination of father, mother, child; adoption; change of civil status that has been resolved at a competent foreign authority”.

Comparing with the above regulations, Vietnamese citizens who have registered their marriage abroad are not required to re-register it in Vietnam. Instead, they need to apply for the marriage to be recorded in the Civil Register Book, provided it was legally settled by a competent foreign authority. 

1. Conditions for recording in the Civil Register Book a marriage registered abroad:

• According to Article 34 of Decree No. 123/2015/ND-CP issued by the Vietnamese Government, the conditions for recording in the Civil Register Book a marriage involving a Vietnamese citizen that has been settled by a competent foreign authority abroad, are as follows:
• At the time of marriage, both parties must have met all conditions for marriage and must not have violated any prohibitions according to the Law on Marriage and Family 2014 of Vietnam.
• According to Clause 1, Article 8 of the Law on Marriage and Family 2014, a marriage between a man and a woman must meet the following conditions:
  • The male must be at least 20 years old;
  • The female must be at least 18 years old;
  • The marriage must be voluntarily decided by both parties;
  • Both parties must have full legal capacity for civil acts;
  • The marriage must not fall into one of the prohibited cases as stipulated in Points a, b, c, and d, Clause 2, Article 5 of this Law.
• According to Clause 2, Article 5 of the Law on Marriage and Family 2014, the following acts are prohibited in marriage:
  • Sham marriage (fake marriage);
  • Underage marriage, forced marriage, fraudulent marriage, or obstruction of marriage;
  • A married person marrying or cohabiting as husband and wife with another person, or a single person marrying or cohabiting as husband and wife with a person who is already married;
  • Marriage or cohabitation as husband and wife between people who are directly related by blood; between people who are relatives within three generations; between adoptive parents and adopted children; between former adoptive parents and adopted children; between a father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and wife’s biological daughter, stepmother and husband’s biological son;
  • Demanding property as a condition of marriage; etc.

In cases where, at the time of registration with a competent foreign authority, the marriage did not meet the conditions for marriage but did not violate any prohibitions under the Law on Marriage and Family, and at the time of requesting the recording of the marriage in the Civil Register Book, the legal consequences have been remedied, or where recording of the marriage is necessary to protect the lawful rights of the Vietnamese citizen and children, the marriage will be recorded in the Civil Register Book.

Therefore, if, at the time of marriage, the parties satisfied all conditions for marriage and did not violate any prohibitions, or if the parties did not meet the conditions for marriage but did not violate any prohibitions under the Law on Marriage and Family, and at the time of requesting the recording of the marriage in the Civil Register Book, the legal consequences have been remedied, or the recording of the marriage is necessary to protect the lawful rights and interests of the Vietnamese citizen and children, the marriage shall be eligible for recording in the Civil Register Book.

2. Procedures for Recording in the Civil Register Book a Marriage registered abroad:

Based on the information provided by Ms. Phuong and according to Article 35 of Decree No. 123/2015/ND-CP of the Government,  to protect her lawful rights (including having her marriage recorded in the Civil Register Book), Ms. Phuong should follow the following procedures:

Step 1: Prepare documents

• An application form, using the template issued together with Circular No. 04/2024/TT-BTP of the Ministry of Justice;
• A copy of the marriage certificate issued by a competent foreign authority (foreign documents must be legalized by consular authentication).

Note: If Ms. Phuong submits her application by post, she must also include a copy of her and her husband's passport, citizen identity card, or other identity documents with photo and personal information, issued by a competent authority and still valid.

Step 2: Submit the application

Ms. Phuong may submit the application either by post or in person at the Justice Division of the People's Committee of Hoa Vang District.

Note: From July 1, 2025, district-level authorities will cease operation, and these procedures will be handled by the commune-level People's Committee.

Step 3: Receive the result

• If the request to record the marriage meets all legal requirements, the Head of the Justice Division shall enter the marriage into the Civil Register Book and report to the Chairperson of the district-level People's Committee to sign and issue the official civil status extract to Ms. Phuong.
• If the marriage violates any prohibitions under the Law on Marriage and Family, the Justice Division shall issue a written notice clearly stating the reason for refusal.

The procedure shall be resolved within 05 working days from the date the Justice Division receives a complete application. In cases requiring verification, the processing time shall not exceed 10 working days.