Children of Party members in Vietnam marry a foreigner

by NguyenThiThuTrang

In addition to complying with legal provisions, Party members are also subject to the management of the Party’s Charter and other relevant laws. One of them is the condition when registering the marriage. Many readers have questions and send questions to Lawyer X whether the children of Party members in Vietnam can marry a foreigner? What is the procedure for Party members to marry a foreigner? Let’s find out with Lawyer X the legal provisions on this issue in the content of the article below.

Legal grounds

Law on marriage and family 2014
Decree 126/2014/ND-CP

Can children of Vietnamese Party members marry foreigners?

According to the Party member’s regulations on marriage to a foreigner in Regulation No. 102-QD/TW on disciplining Party members who violate, cases where Party members violate regulations on marriage with foreigners is specified as follows:

  1. Party members who violate one of the following circumstances, causing less serious consequences, shall be disciplined in the form of reprimand:

a) Having a child married to a foreigner or Vietnamese residing abroad without truthfully reporting in writing to the branch or standing committee of the management committee about the background and political attitude of the seal; (or son-in-law) and their biological father and mother.

b) Knowing but letting the child marry a foreigner violates the law on marriage and family in Vietnam.

  1. In case a violation has been disciplined according to the provisions of 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 a warning: or dismiss (if there is a position):

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 I live.

b) Knowing that without taking measures to prevent the child from marrying a foreigner or overseas Vietnamese, acts against the Party and the State.

c) There is an act of forcing the child to marry a foreigner or overseas Vietnamese for self-seeking purposes.

d) Brokering marriage between Vietnamese and foreigners contrary to the provisions of Vietnamese law.

  1. In case a violation has been handled according to the provisions of Clauses 1 and 2 of this Article, causing very serious consequences or violating one of the following cases, the discipline shall be in the form of expulsion:

a) Intentionally marrying a foreigner or Vietnamese residing abroad who is not eligible for marriage as prescribed by Vietnamese law.

b) Marrying a foreigner or Vietnamese residing abroad knowing that such person has committed serious criminal activities, has attitudes or activities against the Party or State.

c) Marrying a foreigner or Vietnamese residing abroad without reporting in writing to the branch about that person’s background, or having reported but the competent party organization disagrees but still intentionally performed.

d) Deliberately concealing the party organization; forcing their children to marry foreigners or Vietnamese residing abroad contrary to the Party’s regulations and the State’s laws.

Thus, according to the above, there is currently no specific regulation prohibiting Party members from marrying foreigners.

Therefore, children of Vietnamese Party members are still completely allowed to marry foreigners as long as they do not violate the prohibited conditions of the Law on Marriage and Family and other relevant regulations.

Conditions for children of Vietnamese Party members to marry foreigners

Pursuant to the provisions of the Law on Marriage and Family 2014 and Regulation 102-QD/TW of 2017, a citizen who is a Party member married to a foreigner needs to meet some of the following conditions:

Vietnamese people need to meet the conditions of marriage according to Vietnamese law.
According to the provisions of Clause 1, Article 8 of the Law on Marriage and Family 2014 on marriage conditions:

Men and women getting married must comply with the following conditions:

a) Men aged full 20 years or older, women aged full 18 years or older;

b) The marriage is voluntarily decided by the man and the woman;

c) No loss of civil act capacity;

d) The marriage does not fall into one of the cases where marriage is prohibited as prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

A foreigner must be a person who fully meets the conditions for marriage in accordance with the law of Vietnam and the law of the country where he or she holds the nationality.
Specific conditions such as age, willpower, subject capacity and not falling into the cases where marriage is prohibited according to the above provisions.

Foreigners are not subject to serious criminal activities, attitudes or activities against the Party and State and against the policies and laws of the Socialist Republic of Vietnam.
The fact that a Party member marries a foreigner must be reported in writing to the Party cell where the Party member is living on the background of the foreigner and the Party’s consent to such marriage must be confirmed.

Procedures for children of Vietnamese Party members to marry foreigners

Prepare profile

Documents for Party members to register their marriage with a foreigner include the following documents:

Marriage registration declaration according to the prescribed form;
The certificate of health status of each party, issued by a competent medical organization, not older than 06 months, by the date of receipt of the dossier, certifying that the person currently does not have a mental illness or does not have another disease that cannot be aware of and control their own behavior;
Certificate of marital status of each party, issued by the competent authority of the country of which the marriage applicant is a citizen, less than 6 months from the date of receipt of the application, confirming that the present party is a person without marriage. married or unmarried;
Copy of household registration book or certificate of collective population or certificate of temporary residence registration (for Vietnamese citizens in the country), permanent residence card or temporary residence card or certificate of temporary residence ( for foreign citizens);
Copy of identity card (for Vietnamese citizens in the country), passport or alternative document such as passport or residence card (for foreign nationals);
Family history or household registration book of foreign citizens;
The Party cell’s written consent on the Party member’s marriage to a foreigner.
Note: Documents that need consular legalization include:

Certificate of marital status issued by a competent authority of a foreign country;
Certificate of certification issued by a competent medical organization in a foreign country;
Copy of the passport of the foreign citizen;
Family history or household registration book of foreign citizens.

Submit your application at the competent authority

File settlement

Within 15 days from the date of receipt of all documents, civil status officers shall verify that if they find that they are eligible for marriage as prescribed by law, the Justice Division shall report to the Chairman of the Human Resources Committee. district-level people to solve.

Within 3 working days from the date on which the President of the district-level People’s Committee signs the marriage certificate, the Justice Division shall hand over the marriage certificate to the two parties.

In case one or both male and female parties cannot be present to receive the marriage certificate, at their written request, the Justice Division shall extend the time limit for granting the marriage certificate but not exceeding 60 days, counting from the date of receipt of the marriage certificate. from the date the President of the district-level People’s Committee signs the marriage certificate.

After 60 days, if the man and woman do not come to receive the marriage certificate, the Justice Division shall report to the President of the district-level People’s Committee to cancel the signed marriage certificate.

If the two parties still want to get married after that, they must carry out the marriage registration procedure from the beginning.

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Contact LSX

Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Children of Party members in Vietnam marry a foreigner“. At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: hoangson@lsx.vn

Please see more:

Where to register for marriage with a foreigner in Vietnam?

Steps to register a marriage with a foreigner in Vietnam

Apply for a temporary residence card in Vietnam for a husband who is a foreigner

Frequently asked questions

How much is the marriage registration fee between Party members and foreigners?

Pursuant to Circular 85/2019/TT-BTC guiding fees and charges falling under the deciding competence of the People’s Councils of provinces and centrally run cities, the marriage registration fee will be borne by the People’s Council. The provinces and centrally run cities shall stipulate the appropriate fee collection rates based on the actual local conditions. Thus, each province and centrally-run city will have different regulations on marriage registration fees.

When marrying a foreigner, Party members are disciplined and reprimanded?

Pursuant to Point a, Clause 2, Article 25 of Regulation 102 of the Central Committee dated November 15, 2017, Party members will be disciplined and reprimanded when:
– Having a wife (husband) who is a foreigner or a Vietnamese residing abroad;
– Marrying a foreigner, Vietnamese residing abroad but not reporting to the direct management committee and the party committee where they live

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