Nowadays, it is quite common to get married to citizens from different countries. The process of globalization has created conditions for residents of countries to promote civil exchanges. Besides, in Vietnam, there is only one ruling party, the Communist Party of Vietnam. Therefore, members of the Party account for a large number of the population, and many of them also aspire to marry foreigners. In this article, LSX legal firm would like to help you answer the question: “Can Party members in Vietnam marry foreigners?”
- Law on Marriage and Family 2014
Related regulations under Vietnamese legislation
Marriage involving foreign elements
Under the Law on Marriage and Family 2014:
Article 126. Marriage involving foreign elements1. For marriages between Vietnamese citizens and foreigners, 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 this Law’s provisions on marriage conditions.
2. Marriages between foreigners permanently residing in Vietnam at competent Vietnamese agencies must comply with this Law’s provisions on marriage conditions.
Accordingly, Vietnam Party member must comply with Vietnamese law on marriage conditions and related provisions.
Prohibited acts regarding marriage and family relations
Article 5 of the Law on Marriage and Family 2014 stipulates for marriage regime and the prohibited acts as follows:
Article 5. Protection of the marriage and family regime1. Marriage and family relations established and implemented in accordance with this Law shall be respected and protected by law.
2. The following acts are prohibited:
a/ Sham marriage or sham divorce;
b/ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
c/ 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;
d/ 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;
dd/ Demanding property in marriage;
e/ Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;
g/ Giving birth with assisted reproductive technology for commercial purposes, commercial gestational surrogacy, prenatal sex selection, cloning;
h/ Domestic violence;
i/ Taking advantage of marriage and family rights for human trafficking, labor exploitation, or sexual abuse, or committing another act for self-seeking purposes.
3. All acts of violating the marriage and family law shall be handled strictly in accordance with the law.
Agencies, organizations, and individuals have the right to request a court or another competent agency to take measures to promptly stop and handle violators of the marriage and family law.
4. The honor, dignity, prestige, privacy, and other privacy rights of parties shall be respected and protected in the course of the settlement of marriage and family-related cases and matters.
Conditions to enter into marriage
Under the Law on Marriage and Family 2014, Article 8 stipulates the requirements for getting into marriage:
Article 8. Conditions for getting marriedA man and a woman wishing to marry each other must satisfy the following conditions:
a /The man is full 20 years or older, the woman is full 18 years or older;
b/ The marriage is voluntarily decided by the man and woman;
c/ The man and woman do not lose the civil act capacity;
d/ The marriage does not fall into one of the cases prescribed at Points a, b, c, and d, Clause 2, Article 5 of this Law.
The State shall not recognize marriage between persons of the same sex.
Acts of Vietnam party members that violate provisions on getting married with foreigners
Article 53 of Regulation 69-QD/TW provides for cases and punishment of party members violating provisions on getting marriage with foreigners:
Article 53. Violations against regulations on marriage with foreigners1. Party members who violate one of the following circumstances, not causing serious consequences, shall be disciplined in the form of reprimand:
a) Having a child married to a foreigner or a Vietnamese residing abroad without truthfully reporting in writing to the branch where he/she lives or his/her management committee about the background and political attitudes of the daughter-in-law (or son-in-law) and their parents.
b) Knowing but letting the child marry a foreigner violates the Party’s regulations and the law on marriage and family.
c) Certifying marital status for other people to register marriages with foreign elements in contravention of regulations.
2. If a person has been disciplined according to Clause 1 of this Article but recidivism or first violation causes serious consequences or commits one of the following cases, the discipline shall be in the form of warning or dismissal (if holding any positions):
a) Having a wife (husband) who is a foreigner, a Vietnamese residing abroad or married to a foreigner, or a Vietnamese residing abroad but fails to report to the direct management committee and the executive committee where the party member lives.
b) Knowing without taking measures to prevent the child’s marriage to a foreigner or overseas Vietnamese commits acts against the Party and State.
c) Having the act of forcing the child to marry a foreigner or overseas Vietnamese.
d) Brokering marriages between Vietnamese and foreigners contrary to law.
3. In case of violation of Clauses 1 and 2 of this Article causing very serious consequences or in one of the following cases, the discipline shall be in the form of expulsion:
a) Marrying a foreigner or Vietnamese residing abroad not eligible for marriage under Vietnamese law.
b) Marrying a foreigner or overseas Vietnamese who commits serious criminal activities, has attitudes, or conducts activities against the Party or State.
c) Marrying a foreigner or Vietnamese residing abroad but failing to report in writing to the branch about that person’s background, or the competent party organization disagrees about the marriage but still does it.
d) Concealing the child’s marriage to a foreigner or Vietnamese residing abroad in contravention of the Party’s regulations and the State’s laws.
dd) Making documents to marry a foreigner, carrying out procedures to live, settle down or naturalize abroad illegally.
Can Party members in Vietnam marry foreigners?
According to the above mentioned regulations, Vietnamese law does not prohibit Party members from marrying foreigners. If you meet the above conditions, you can marry a foreigner. However, before getting married, you need to report to the direct management committee where you live.
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Frequently asked questions
In case a foreigner residing in Vietnam requests marriage registration in Vietnam, the district-level People’s Committee of the place where either party resides shall register the marriage.
Within 10 working days from the date of receipt of complete and valid dossiers, the Justice Department shall conduct research, verify the dossiers and verify if necessary. If the application is valid, the parties are eligible to get married and are not in the case of marriage refusal, the district-level People’s Committee sign 02 originals of the marriage certificate.
Within 03 working days from the date the President of the district-level People’s Committee signs the marriage certificate, the Justice Department shall organize the handing over of the marriage certificate to the two parties.