THE PROCESS OF MARRIAGE REGISTRATION BETWEEN VIETNAMESE AND FOREIGNERS
Posted 10:14 Date 14/07/2021
Nowadays, marriage between Vietnamese citizens and foreigners is increasingly popular in our country. Vietnam law already has specific provisions in this domain. However, many people are still wondering how to carry out the process of the marriage, or what the dossier should include, or where they could apply the dossier. This article discusses about these conditions, order and procedures of the marriage between Vietnamese and foreigners.

1. The conditions of marriage registration

 For marriage between a Vietnamese and a foreigner, each party shall comply with his/her country’s law on marriage conditions; if their marriage is conducted at a competent Vietnamese state agency, the foreigner shall also comply with Vietnam law’s provisions on marriage conditions. Accordingly, the man and woman must comply with the following conditions:

  • The man is full 20 years or older, the woman is full 18 years or older;
  • The marriage is voluntarily decided by the man and woman;
  • The man and woman do not lose the civil act capacity;
  • The marriage does not fall into one of the cases prescribed, such as: Sham marriage; underage marriage, forced marriage; A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person; Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild.

2. The process of marriage registration

Step 1: Prepare marriage dossier

  • Marriage declaration form;
  • A certificate issued by a competent Vietnamese or foreign health organization confirming that the married parties do not suffer from mental illness or other diseases without the ability to recognize or control their acts;
  • Documents proving the marital status of the foreigner issued by a competent agency of the country of which he/she is a citizen are still valid, certifying that he/she is currently unmarried; in case the foreigner does not have a certificate of marital status, it shall be replaced with a document issued by a foreign competent authority certifying that person is eligible for marriage according to the law of that country;
  • Foreigners and Vietnamese citizens residing overseas must submit copies of passports or replacement passports;
  • Certificate of marital status of Vietnamese citizens residing in the country.

Besides, they may prepare the other necessary documents, such as: copies of civil status extracts of the divorce or annulance of illegal marriages; documents of management agencies confirming that marriages with foreigners do not contrary to regulations of the industry; certificates of marital status issued by overseas Vietnamese diplomatic representations or consular representative agencies; Overseas Vietnamese citizens must have residence permit issued by foreign competent agencies.

Step 2: Submit marriage dossier

The person requesting the marriage registration shall submit the dossier at the Division of Justice under the district-level People's Committee where either party is residing.

Step 3: Get results

Within 15 days from the date receiving the satisfactory application, the Division of Justice shall grant marriage certificate to the man and woman in person. Upon marriage registration, both man and woman must be present at the head office of the People’s Committee for the civil status officer to consult, check information on the marriage certificate, sign the marriage certificate and the marriage registration book.

 

Legal basis:

- Law on Civil status;

- Law on Marriage and Family 2014;

- Decree 123/2015/ND-CP;

- Circular 04/2020/TT-BTP;

- Decision 1872/QD-BTP.

 

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