Conditions to get married with foreigners in Vietnam. It is not uncommon to get married between foreigners and Vietnamese in Vietnam today. So, what conditions do foreigners and Vietnamese people need to meet? Let us learn about this topic with LSX law firm as follow:
Conditions to get married with foreigners in Vietnam
According to Article 126 of the 2014 Law on Marriage and Family, the application of the law is as follows:
– When a foreigner or a Vietnamese person get married; each party must comply with the law of their country on marriage conditions.
– When getting married at a competent Vietnamese state agency; foreigners must comply with the marriage conditions stated in the Law on Marriage and Family.
– Foreigners permanently residing in Vietnam; and getting married at a competent Vietnamese agency must also meet the marriage conditions of this Law.
Thus, when a foreigner and a Vietnamese person register their marriage; each party must meet the marriage conditions of each country. At the same time, if the foreigner get; married at a competent agency in Vietnam; the foreigner must satisfy the marriage conditions specified in Article 8 of the Law on Marriage and Family.
Specifically, the following conditions are included:
Conditions to get married with foreigners in Vietnam: men from full 20 years old, women from full 18 years old
Accordingly, Clause 1, Article 2 of Joint Circular No. 01 2016, the legal age to get; married in Vietnam is a total of 20 years old for men; full 18 years old for women according to the date of birth.
In case the month of birth cannot be; determined, the month of birth is January of the year of birth; if the date of birth cannot be; determined, the date shall be the first day of the month of birth.
The marriage is voluntarily decided by the man and the woman
The principle of voluntary union is one of the principles; stipulated by Vietnamese law throughout the Laws on Marriage and Family.
At the same time, the State also has policies and measures to create conditions for men; and women to establish voluntary and progressive marriage relations.
Conditions to get married with foreigners in Vietnam: not losing the capacity for civil acts
Persons who have lost their civil act capacity are mentally ill; or have other diseases, unable to perceive, control their behavior; declared by the Court to have lost their civil act capacity (according to Article 22 of the Civil Code).
Therefore, when a person loses the force of the civil act; he or she will not be aware of the marriage with him or her; and cannot determine whether the marriage request is voluntary and fulfilled according to that person’s will.
Therefore, one of the conditions for marriage registration is not to lose civil act capacity.
The marriage is not in one of the cases `where marriage is prohibited
The cases; where prohibit marriage; mentioned in Clause 2; Article 5 of the Law on Marriage and Family, including:
– Firstly, fake marriage.
– Secondly, child marriage, coercion, deception, obstruction of marriage.
– Thirdly, being married; having a husband and marrying another person.
– Moreover, marriage between the following subjects:
Persons of the same direct bloodline, having a family name within three generations, between adoptive father, mother and adopted child; between a person who was once a father, an adoptive mother with an adopted child; a father-in-law with a daughter-in-law, a mother-in-law with a son-in-law; a stepfather with a step-child of a wife, a stepmother with a step-son of a husband.
– In addition, claiming wealth in marriage.
– Furthermore, taking advantage of marriage for human trafficking, labor exploitation, sexual abuse or other acts for the purpose of self-seeking.
The State does not recognize marriage between people of the same sex
Marriage means the establishment of a husband and wife relationship by a man; and woman in accordance with this Law on marriage conditions and marriage registration.
Clause 5, Article 3 of the Law on Marriage and Family has confirmed so. Accordingly, marriage is the establishment of a husband and wife relationship between a man and a woman; after fully meeting the conditions and registering the marriage.
Registation under regulations at the competent authority of Vietnam
Where to register marriage with foreigners under Vietnam’s Law? Clause 1, Article 9 of the Law on Marriage and Family states:
The marriage must be; registered and performed by a competent State agency under this Law and the civil status law.
Accordingly, only when registering at a competent agency after meeting the conditions for marriage; the marriage relationship between a man and a woman; recognized by Vietnamese law.
In particular, this provision also affirms:
A marriage that is not; registered under this Clause has no legal value.
Therefore, the marriage registration must be; done at the competent State agency.
Finally, hope this article about Conditions to get; married with foreigners in Vietnam is helpful for you!
Accordingly, foreigners are persons bearing the nationalities of other countries, who are studying, working, living in the Vietnamese territory.
Yes, a member of the Communist Party of Vietnam can marry a foreigner. Hence Article 2, Law on Marriage and Family 2014, marriages between Vietnamese citizens and foreigners are respected and protected by law. Moreover, in the Party Charter and guiding documents, there are no provisions prohibiting Party members from marrying foreigners.