WHAT SHOULD A FOREIGNER KNOW TO MARRY A VIETNAMESE CITIZEN?

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1. General legal provisions for a foreigner to marry a Vietnamese citizen
2. Requirements for a foreigner to marry a Vietnamese citizen
3. Procedures for a foreigner to marry a Vietnamese citizen
4. Fees for a foreigner to marry a Vietnamese citizen
5. Personal rights and obligations in the spousal relationship after a foreigner marries a Vietnamese citizen
6. Property regime of spouses after a foreigner marries a Vietnamese citizen
7. Questions related to a foreigner marrying a Vietnamese citizen
8. Phong & Partners Law firm specializing in international marriage consultations for foreigners and Vietnamese citizens

Marriage is not only a connection between two hearts but also a meaningful yet complex legal journey. Particularly, the registration of marriage between Vietnamese citizens and foreigners is often more complicated, requiring thorough preparation and a deep understanding of legal regulations. This includes preparing documents, completing registration procedures, and understanding the responsibilities of spouses after marriage. This article will provide an overview of what a foreigner should know to marry a Vietnamese citizen.

1. General legal provisions for a foreigner to marry a Vietnamese citizen

Marriage between a Vietnamese citizen and a foreigner (legally referred to as marriage with foreign elements) is clearly and specifically regulated in the Law on Marriage and Family 2014. Specifically, Article 126 states:

When a Vietnamese citizen and a foreigner marry, each party must comply with the laws of their respective countries regarding marriage conditions.
When marrying at a Competent state authority in Vietnam, the foreigner must adhere to the regulations on marriage conditions stipulated in the Vietnamese Law on Marriage and Family.
Foreigners residing in Vietnam who marry at a Competent authority in Vietnam must also meet the marriage conditions outlined in this law.

2. Requirements for a foreigner to marry a Vietnamese citizen

In the case of marriage in Vietnam, both parties must comply with the provisions of the Law on Marriage and Family 2014 and other relevant guiding documents.

Accordingly, the requirements for a foreigner to marry a Vietnamese citizen are specified in Article 8 of the Law on Marriage and Family as follows:

The male must be at least 20 years old, and the female must be at least 18 years old.
The marriage must be voluntarily decided by both parties.
Both parties must not have lost their civil act capacity.
Furthermore, the marriage must not fall into any of the prohibited cases, which include:
- Sham marriage;
- Underage marriage: Marriage when one or both parties are not legal age to marry;
- Forced marriage: the act of threatening, coercing, abusing, or demanding property, or other actions to compel someone to marry against their will;
- Deceptive marriage: the intentional act by one party or a third party aimed at misleading the other party, leading to their consent to marry.;
- A person who is already married and marries or cohabits with another person, or a person who is not married but marries or cohabits with someone who is already married;
- 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.

In addition, Vietnamese law does not recognize same-sex marriage.

3. Procedures for a foreigner to marry a Vietnamese citizen

Step 1: Prepare the documents

To carry out the marriage registration procedure in Vietnam, both Vietnamese citizens and foreigners need to prepare the following documents:

Document group	No.	Document name	Specific requirements	Quantity (copies)	Preparer
DOCUMENTS TO BE PRESENTED	1	Passport/ID Card/Citizen ID or substitute document	A photo and personal information issued by a Competent authority, still valid for proving the identity of the person requesting marriage registration	01 original	Both Vietnamese citizen and foreigner
DOCUMENTS TO BE PRESENTED	2	Proof of residence	International travel documents/residence card or documents proving legal residence issued by a competent authority, still valid.	01 original	Foreigner
DOCUMENTS TO BE SUBMITTED	1	Marriage registration application form	Complete information of both parties (male and female). Both parties can fill out a single marriage registration application form.	1 original	Both Vietnamese citizen and foreigner fill out together
	2	Document proving marital status of the foreigner	Issued by a competent authority of the country where that person is a citizen within the last 6 months from the date of receiving the application, confirming that they currently do not have a spouse; if the foreign country does not issue a marital status certificate, it can be replaced by an affidavit confirming that person currently has no spouse (also known as a single status affidavit), in accordance with that country's law. Note: The single status certificate or affidavit must be consular legalized as required.	1 original & 1 copy with consular legalization (if required) and translated into Vietnamese	Foreigner
	3	Single status certificate of the Vietnamese citizen	A confirmation of marital status issued by the People's Committee at the commune (district) level or a marriage registration application form with confirmation of marital status from the Vietnamese citizen issued within the last 6 months from the date of receiving the application.	1 original	Vietnamese citizen
	4	Health certificate for marriage registration	A health certificate issued by a competent health organization in Vietnam or abroad, not older than 6 months from the date of receiving the application, confirming that the individual does not suffer from mental illness or other conditions that impair their ability to understand and control their actions. Note: Health certificates issued abroad must be consular legalized as required. Health examinations for marriage with foreigners should be conducted at hospitals specialized in mental health.	1 original + 1 copy with consular legalization (if required) and translated into Vietnamese	Both Vietnamese citizen and foreign
	5	Other documents	If one party is a Vietnamese citizen who has divorced or annulled their marriage at a Competent foreign authority, they need to provide a copy of the civil status record regarding their divorce or annulment. If they are civil servants or serving in armed forces, they need to provide documentation from their managing agency confirming that their marriage to a foreigner does not violate regulations applicable to their sector.	1 original	Vietnamese citizen

Step 2: Submit marriage registration application

Individuals requesting marriage registration must submit their application directly at the one-stop service counter of the district-level People's Committee, which has the authority to carry out marriage registration procedures with foreigners.

After that, the person receiving the application will compare the information in the application form and verify the validity of the documents:

If the application is complete and valid, the person receiving it will issue a receipt, clearly stating the date and time for result collection.
If the application is incomplete, the receiver will provide guidance for the applicant to supplement and complete it according to regulations.

Step 3: Processing time and receiving results

Within 10 working days from the date of receiving a complete and valid application, the Justice Department under the district-level People's Committee will proceed to review and verify the marriage registration documents.

During the verification process:

If there are complaints or allegations that the marriage does not meet legal provisions, or if there are issues that need clarification regarding the identities of either party or documents in the marriage registration application, the Justice Department will coordinate with relevant agencies to verify and clarify.
If necessary, the Justice Department will interact directly with both Vietnamese citizens and foreigners to verify their identities, voluntary consent to marry, and purpose of marriage.

After confirming that the application is valid, both parties meet the marriage conditions, and are not subject to refusal of marriage registration as stipulated, the Justice Department will report to the Chairman of the district-level People's Committee to sign two original copies of the marriage certificate.

Step 4: Organizing the issuance of the marriage certificate

Within 3 working days from the date the Chairman of the district-level People's Committee signs the marriage certificate, the Justice Department will organize the issuance of the marriage certificate to both parties.

Both parties must be present at the headquarters of the People's Committee. The civil servant responsible for civil status will ask both parties for their consent; if they voluntarily agree to marry, it will be recorded in the civil status register, and both parties will sign in this register. Both parties will also sign the marriage certificate.

The Chairman of the district-level People's Committee will then hand over the marriage certificate to both parties.

Notes:

In cases where one or both parties cannot be present to receive the marriage certificate, upon their written request, the Justice Department may extend the time for issuing the marriage certificate, but not exceeding 60 days from the date the Chairman of the district-level People's Committee signs the marriage certificate.
If after 60 days, neither party has come to receive the marriage certificate, the Justice Department will report to the Chairman of the district-level People's Committee to cancel the signed marriage certificate.
If both parties still wish to marry each other afterward, they must go through the marriage registration process from the beginning.

4. Fees for a foreigner to marry a Vietnamese citizen

According to the provisions in point c, clause 2, Article 5 of Circular 85/2019/TT-BTC, amended by point e, clause 3, Article 1 of Circular 106/2021/TT-BTC,, the fee for marriage registration with a foreigner at the district-level People's Committee is determined by the provincial People's Council.

Thus, the fee for marriage registration with a foreigner is not uniformly regulated; the fee may vary by locality. Typically, the fee for marriage registration ranges from 1,000,000 VND to 1,500,000 VND. Below are the registration fees for marriage in several cities:

No.	Province/ City	Marriage registration fee at District level	Basis
1	Hanoi City	1,000,000 VND ~ $40	Resolution 06/2020/NQ-HĐND of the Hanoi People’s Council
2	Ho Chi Minh City	1,000,000 VND ~ $40	Resolution 124/2016/NQ-HĐND of the Ho Chi Minh City People’s Council
3	Danang City	1,500,000 VND ~ $60	Resolution 341/2020/NQ-HĐND of the Danang People’s Council
	...

5. Personal rights and obligations in the spousal relationship after a foreigner marries a Vietnamese citizen

According to Section I, Chapter III of the Law on Marriage and Family 2014, the personal rights and obligations in the spousal relationship after marriage are stipulated as follows:

Spouses are equal to each other and have equal rights and obligations in all aspects of family life and in fulfilling their duties as citizens.
Spouses have an obligation to love, be faithful, respect, care for, and help each other; they should share and perform household duties together.
Spouses must live together unless otherwise agreed upon or due to professional requirements, study, participation in political, economic, cultural, social activities, or other legitimate reasons.
Spouses must respect, preserve, and protect each other's honor, dignity, and reputation.
Spouses must respect each other's freedom of belief and religion.
Spouses have the right and obligation to create conditions for each other to choose careers; to study and improve their cultural, professional, and vocational skills; and to participate in political, economic, cultural, and social activities.

6. Property regime of spouses after a foreigner marries a Vietnamese citizen

a. General principles of the property regime of spouses

Spouses are equal in rights and obligations regarding the creation, possession, use, and disposition of joint-property; there is no distinction between household labor and income-generating labor.
Spouses have an obligation to ensure conditions that meet the essential needs of the family.
Any exercise of property rights or obligations that infringes upon the legal rights and interests of either spouse or third parties must be compensated.

b. Joint-property of spouses

Joint-property of spouses includes:
- Property created by either spouse;
- Income from labor, production activities, or business;
- Profits or yields generated from separate property;
- Property inherited jointly or gifted jointly to both spouses and any other property they agree is joint-property.
- Bonuses, lottery winnings, allowances;
- Property acquired by either spouse through legal means concerning unowned property, buried or sunken property, lost or forgotten items, livestock that has gone missing, or aquatic animals;
- Remaining property not divided when spouses have partially divided joint-property during marriage.
- Land use rights acquired by either spouse after marriage, except where one spouse inherits separately or is gifted separately or acquires it through transactions involving their separate property.
- Other legal income as stipulated by law.
Joint-property is jointly owned by both spouses and is used to meet family needs and fulfill their mutual obligations.
In cases where there is no basis to prove that disputed property belongs to one spouse as separate property, it will be considered.

c. Possession, use, disposition of joint-property

The possession, use, and disposition of joint-property shall be agreed upon by both spouses. If one spouse establishes or conducts transactions related to joint-property to meet essential family needs, it shall be deemed as having the consent of the other spouse.
Disposition of joint-property must be agreed upon in writing by both spouses in the following cases:
- Real estate;
- Movable assets that are required by law to be officially registered in the name of their owner;
- Property that serves as the primary source of income for the family.

d. Separate property of each spouse

Separate property includes:

Property owned by each person before marriage;
Property inherited separately or gifted separately during marriage;
Property divided along with profits or yields generated from each party's separate property after dividing joint-property during marriage;
Property serving essential needs for either spouse and any other property recognized by law as separate ownership.
Property formed from one spouse's separate assets;
Intellectual property rights as stipulated by intellectual property law;;
Property for which one spouse establishes ownership according to a court judgment or decision from another competent authority;
Allowances or benefits received by either spouse under laws regarding preferential treatment for those who have contributed to the revolution; other asset rights associated with each spouse's identity.

e. Possession, use, disposition of separate property

Each spouse has the right to possess, use, and dispose of their separate property; they may choose whether or not to include their separate assets in joint-property.
If one spouse cannot manage their separate property themselves nor authorize someone else to manage it, the other spouse has the right to manage that property. Management must ensure the interests of the owner.
Individual obligations regarding assets must be settled from that person's separate assets.
If either spouse has separate assets from which profits or yields constitute the sole source of family income, any disposition of those assets must be agreed upon by both spouses.

a. What are the benefits of marriage between a foreigner and a Vietnamese citizen?

For Foreigners: They can apply for a family visit visa, temporary residence card for family visits, exemption from work permits in Vietnam, and a 5-year visa exemption.

For Vietnamese Citizens: They may enjoy certain rights stipulated by the country of which the foreigner is a citizen.

b. Do foreigners need to register for temporary residence when marrying a Vietnamese citizen?

According to Article 37 of the 2014 Law on Civil Status (guided by Articles 30, 31, and 32 of Decree 123/2015/ND-CP), a foreigner marrying a Vietnamese citizen is not required to register for temporary residence. Both parties can register their marriage at the residence of the Vietnamese citizen.

Additionally, according to Article 38 of the Law on Entry, Exit, Transit, and Residence of foreigners in Vietnam 2014 (amended by Clause 16, Article 1 of the amended Law on Entry, Exit, Transit, and Residence of foreigners in Vietnam 2019), foreigners marrying Vietnamese citizens may be granted a temporary residence card for family visits valid for 03 years.

c. What visa is needed for a foreigner to marry a Vietnamese citizen?

Foreigners entering Vietnam to carry out marriage registration procedures with Vietnamese citizens can apply for a visa for tourism or family visits.

d. Can a foreigner who marry a Vietnamese citizen own property in Vietnam?

According to point c, clause 2, Article 20 of the Housing Law 2023, foreigners who marry Vietnamese citizens residing in Vietnam are allowed to own housing and have the same rights as Vietnamese citizens regarding property ownership.

e. Can Party member marry a foreigner?

The Party Statute 2011 and guiding documents do not have any provisions prohibiting party members from marrying foreigners. Therefore, party members are allowed to marry foreigners if they meet the conditions for marriage (Article 8 of the Marriage and Family Law 2014) and must report to the directly managing party committee and the party committee where they are a member (Clause a, Paragraph 2, Article 53 of Regulation 69-QĐ/TW 2022)

However, party members may face disciplinary action if they marry a foreigner without reporting to their direct management committee and the committee where they are live or if they marry a foreigner involved in serious criminal activities or who exhibits attitudes or actions against the Party and State.

8. Phong & Partners Law firm specializing in international marriage consultations for foreigners and Vietnamese citizens

Registering a marriage with foreign elements can be a complex procedure for couples, especially for foreigners who may not be familiar with Vietnamese legal regulations. With extensive experience and dedication, Phong & Partners provides comprehensive support, making the marriage registration process for couples convenient, quick, and complete.

At Phong & Partners, we offer professional services, including legal consulting, document preparation, and resolving any legal issues to ensure that every step of your journey is conducted in accordance with the law, helping you build a fulfilling foundation for a happy married life.

Consultation on the conditions, documentation, procedures, and steps for marriage registration between foreigners and Vietnamese citizens.
Assistance, guidance in preparing documents for marriage registration.
Assistance with translation, notarization, and consular legalization of documents in foreign laguages.
Interpretation throughout the process of registering marriage at the Competent state authority.
Consultation on prenuptial agreements (if needed).

By providing expert guidance and support at every step, Phong&Partners will be a reliable companion on the journey to building a home for couples!

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