Currently, in a flat world, when the process of exchange and international integration is being accelerated, it is also increasingly common to marry a foreign citizen in Vietnam. However, the regulations on marriage procedures with foreign elements in Vietnam are not well understood and followed by everyone. So, when you want to register a marriage with a foreigner, what are the mandatory procedures? How is the Application form for marriage registration with a foreigner in Vietnam? Here, let’s find out with Lawyer X.
Legal grounds:
Law on Marriage and Family 2014
Civil Status Law
Decree 123/2015/ND-CP
General regulations on marriage registration with a foreigner in Vietnam
Marriage and family relationship with foreign elements is the relationship explained in Clause 25, Article 3 of the Law on Marriage and Family 2014 as follows:
“25. Marriage and family relations involving foreign elements are marriage and family relations in which at least one party is a foreigner or a Vietnamese residing abroad; marriage and family relations between the parties involved are Vietnamese citizens, but the grounds for establishing, changing or terminating such relationship according to foreign laws, arising abroad or property related to the relationship that system is abroad.”
Therefore, the marriage registration procedure for two subjects, one of which is a foreigner and the other is a Vietnamese citizen, will also have its own peculiarities. Pursuant to Article 126 of the Law on Marriage and Family 2014, there are general provisions on marriage registration with foreign elements as follows:
“Article 126. Marriage with foreign elements
- In a marriage between a Vietnamese citizen and a foreigner, each party must comply with its own law on marriage conditions; if the marriage is conducted at a competent Vietnamese state agency, the foreigner must also comply with the provisions of this Law on marriage conditions.
- The marriage between foreigners permanently residing in Vietnam at a competent Vietnamese agency must comply with the provisions of this Law on marriage conditions.”
Competence to marriage registration with a foreigner in Vietnam
The administrative agencies competent to request citizens to register their marriages with legal foreigners include the following agencies mentioned in Article 37 of the 2014 Law on Civil Status:
“Article 37. Competence to register marriage
- The People’s Committee of the district where the Vietnamese citizen resides shall register the marriage between a Vietnamese citizen and a foreigner; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; between Vietnamese citizens concurrently holding foreign nationality and Vietnamese citizens or foreigners.
- If a foreigner residing in Vietnam requests marriage registration in Vietnam, the People’s Committee of the district where either party resides shall register the marriage.”
However, it should be noted that some agencies, if citizens make the marriage registration for foreigners, will be refused to record information in the marriage book. Those are the agencies mentioned at point b, clause 1, Article 36 of Decree 123/2015/ND-CP:
“Article 36. Refusal to record marriage in the book
- The request to record the marriage in the book is refused if it falls into one of the following cases:
a) The marriage violates the prohibition under the provisions of the Law on Marriage and Family.
b) Vietnamese citizens marrying foreigners at diplomatic missions, foreign consular missions in Vietnam.
- In case the district-level People’s Committee refuses to record the marriage in the civil status book, the Justice Division shall notify in writing clearly stating the reasons therefor to the requester.”
Thus, marriage registration procedures carried out at diplomatic missions or foreign consular offices in Vietnam will be denied the request to be recorded in the marriage register.
Procedures for marriage registration with a foreigner in Vietnam
Pursuant to Article 38 of the Law on Civil Status and referring to Article 30 of Decree 123/2015/ND-CP stipulating the application for marriage registration with a foreigner, it is necessary to supplement the documents as well as note the following:
“Article 30. Marriage registration documents
- A marriage registration dossier is made according to the provisions of Clause 1, Article 38 of the Law on Civil Status and the following provisions:
a) Both male and female parties may make a joint declaration on marriage registration;
b) Papers proving the marital status of a foreigner are papers issued by a foreign competent authority which are still valid for use certifying that such person is currently unmarried or unmarried; In case the foreign country does not issue a certificate of marital status, it shall be replaced with a document issued by a foreign competent authority certifying that the person is eligible for marriage under the laws of that country.
If the document proving the marital status of the foreigner does not have an expiry date, this document and the certification of the medical organization as prescribed in Clause 1, Article 38 of the Law on Civil Status are only valid for 6 months. , from the date of issue.
- If a foreigner does not have a passport to present as prescribed in Clause 1, Article 2 of this Decree, he/she may present an international travel document or a residence card.
- In addition to the papers specified in Clause 1 of this Article, if the married party is a Vietnamese citizen who has divorced or canceled the marriage at a foreign competent authority, a copy of the civil status extract must also be submitted. have recorded in the book the divorce or annulment of the marriage as prescribed in Clause 2, Article 36 of this Decree; if he is a civil servant or public employee or is serving in the armed forces, he/she must submit a document from his/her agency or unit certifying that his/her marriage to a foreigner is not contrary to the regulations of that branch.
Application form for marriage registration with a foreigner in Vietnam
Note:
(1) (2) If the marriage registration procedure involves a foreign element, a photo of both the male and female parties must be pasted.
(3) Specify the name of the marriage registration agency.
(4) Write according to the place of permanent residence registration, if there is no place of permanent residence, write according to the place of temporary residence registration; In case there is no registered place of permanent residence and place of temporary residence registration, write according to the place where you are currently living.
(5) Write information about identification papers such as passports, identity cards or alternative valid papers (for example, ID card number 001089123 issued by Hanoi City Police on October 20/ 1982).
(6) Please mark an X in the box if a copy is required and specify the quantity.
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Please see more
- Steps to register a marriage with a foreigner in Vietnam
- What documents do you need to marry a foreigner in Vietnam?
- Extension of temporary residence card for foreigner in Vietnam
Frequently asked questions
Reality shows that, with the processing time for marriage registration with foreigners in Vietnam up to 15 working days, it is true that it will be difficult for foreigners when they do not reside in Vietnam. At this time, foreigners will have to travel many times between Vietnam and the country of which they have nationality or once but stay in Vietnam for more than 3 weeks. And if the job does not allow it, this is really a big barrier.
Marriage registration fee: 1,500,000 VND/case
Conclusion: So the above is Application form for marriage registration with a foreigner in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
