Procedures for marriage registration with foreigners in Vietnam are carried out in the following order:
1. First, foreigner and Vietnamese citizen must meet these requirements:
- The woman is over 18 and the man is over 20
- Neither the man nor the woman has a spouse under Vietnamese law
- Both partners are mentally capable of making independent decisions
- The couple does not have blood relatives in three generations
2. Second, you need to prepare marrige registation document that includes following documents:
- A marriage registration declaration made according to a set form;
- Certificate of marital status of each party, issued less than 6 months up to the date of receipt by a competent authority of the country in which the marriage applicant is a citizen, confirming that the applicant is currently unmarried.
- In case the law of the country where the applicant is a citizen does not provide a certificate of marital status, the certificate of marital status can be replaced with a certificate of oath of the person concerned. They are currently unmarried, in accordance with the laws of that country;
- A certificate issued by a Vietnamese competent authority or foreign medical organization for less than 6 months, up to the date of receipt, confirming that the person does not have a mental illness or other disease that is unable to awareness, mastering their own behavior;
- Notarized or authenticated copy of identity card (for Vietnamese citizens in the country), passport or alternative documents such as passport or residence card (for foreigners and citizens Vietnam residing overseas);
- A notarized or authenticated copy of the household registration book or collective demographic certificate or certificate of permanent residence registration (for Vietnamese citizens in the country), permanent residence card or temporary residence card or certificate of temporary residence (for foreigners in Vietnam).
Vietnamese citizens who are serving in the army forces or working directly related to State secrets must submit a written certification from the central or provincial agency confirm that the person's marriage with a foreigner does not affect the protection of State secrets or contrary to the regulation of that branch.
3. Third, on where to receive records:
The above records should be made in 2 sets and submitted to the Justice Department of the district/ district where you permanently reside. When applying for marriage registration, both parties must be present. In cases where there is an objective reason that one party cannot be present, an application for absence must be made and the other party must be authorized to file. No third party application for marriage registration is accepted.
- Time limit for processing marriage registration procedures with foreigners
Pursuant to Section 1, Chapter IV of Decree 123/2015/ND-CP guiding the Law on civil status within 10 working days from the date of receipt of a complete and valid dossier, the Department of Justice shall verify the dossier. The Head of the Justice Department is responsible for the examination results and the Justice Department's proposals on the resolution of the marriage registration dossier.
- If the dossier is valid, the parties are eligible to get married under the Law on Marriage and Family, not in the case of refusal to get married as prescribed in Article 33 of this Decree, The Justice Department shall report to the Chairman of the district People's Committee to sign 02 originals of the Marriage Certificate.
- Within 03 working days from the date the President of the People's Committee of the district signs the Marriage Certificate, the Department of Justice organizes the handover of the Marriage Certificate to the man and woman.
- In case one or both men and women cannot be present to receive the marriage certificate, according to their written request, the Justice Department shall extend the time limit for handing the marriage certificate to no more than 60 days, from the date the Chairman of the district-level People's Committee signs the Marriage Certificate. At the end of 60 days, if the man and woman do not come to receive the marriage certificate, the Department of Justice shall report to the Chairman of the district-level People's Committee to cancel the signed marriage certificate.
- If after that, both men and women still want to get married, they must proceed with the marriage registration procedure from the beginning.
- The marriage registration is denied if one or both parties violate the prohibition on or ineligibility for marriage according to the provisions of the Law on Marriage and Family of Vietnam. In case the district-level People's Committee refuses to register the marriage, the Department of Justice shall notify in writing the reasons for the two parties.
The above is the consultation content of DFC Law Firm on procedures about marriage registation with foreigners in Vietnam, if customers have any questions or requests to provide legal services, please contact: luatsudfc@gmail.com or Hotline 1900.6512 for specific advice.
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
