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Property division after divorce involving foreign elements in Vietnam
Family & PersonalLegal service

Property division after divorce involving foreign elements in Vietnam

by Quang Minh
written by Quang Minh

Nowadays, with a very open regime of entry-exit of nations’ territories, people have many chances to reside and work abroad. On the other hand, this leads to the appearance of relationships involving foreign elements due to the residence and social communication of “foreigners” in host countries. Those relations might make it hard for agencies and citizens to settle problems or disputes because of the laws’ conflict. In this article, LSX legal firm provides: “Property division after divorce involving foreign elements in Vietnam”

  • Law on Marriage and Family 2014
  • Resolution 01/2003/NQ-HDTP

Marriage relations involving foreign elements

The Law on Marriage and Family 2014 defines:

  • Marriage means the relation between husband and wife after they get married.
  • Divorce means the termination of the husband and wife relation under a court’s legally effective judgment or decision.
  • Marriage and family relation involving foreign elements means the marriage and family relation in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for establishing, changing, or terminating that relation are governed by foreign law, or that relation arises abroad or the property related to that relation is located abroad.

Accordingly, a divorce involving foreign elements means the divorce between a foreigner or an overseas Vietnamese and a Vietnamese; between foreigners residing in Vietnam; or between Vietnamese citizens but the bases for establishing, changing, or terminating the marriage relation governed by foreign law, or that relation arises abroad or the property related to that relation located abroad.

In this article, we will focus on the marriage relations between foreigners and Vietnamese citizens or foreigners only. In addition to the Law on Marriage 2014, Resolution 01/2003/NQ-HDTP also provides provisions regarding divorce involving foreign elements.

Divorce between Vietnamese persons and foreigner married abroad

Under resolution 01/2003/NQ-HDTP, for cases where Vietnamese persons residing abroad married foreigners and their marriages recognized in Vietnam, now such Vietnamese persons return home and their foreign spouses apply for a divorce:
a/ Where the foreign spouses currently living abroad apply for a divorce from the Vietnamese persons who still bear Vietnamese nationality and are residing in Vietnam, the Courts shall accept to settle these cases but in applying laws thereto, they should distinguish the following:

  • If foreigners are citizens of the countries with which Vietnam has signed legal assistance agreements containing provisions different from those of the 2000 Marriage and Family Law, the Courts shall apply the provisions of such legal assistance agreements to settling their cases; if such agreements contain no different provisions, the Courts shall apply the 2000 Marriage and Family Law.
  • If foreigners are citizens of the countries with which Vietnam has not yet signed legal assistance agreements, the Courts shall apply the 2000 Marriage and Family Law to settle their cases.
  • In divorce cases, the settlement of properties being immovables situated abroad shall comply with the laws of the countries where exist such immovables.
    b/ For cases where Vietnamese citizens residing in the country apply for a divorce from foreigners residing abroad
    If Vietnamese citizens apply for a divorce from foreigners who have returned to their countries after their marriages and kept no contact with the Vietnamese citizens, the Courts shall accept to settle their cases.

However, the Law on Marriage and Family 2014 now having effect, so, the agencies will apply it to settle the case instead of the Law on Marriage and Family 2000.

Vietnamese citizens residing in Vietnam apply for divorce with foreigners residing abroad

According to resolution 01/2003/NQ-HDTP, if a Vietnamese citizen marries a foreigner, but the foreigner has returned home and no longer has contact with the Vietnamese citizen, now that the Vietnamese citizen applies for a divorce, the court shall accept the settlement.
Under Article 18 of the 2000 Marriage and Family Law, husband, and wife have the obligation to take care of and help each other, together build up a happy family.

Therefore, if the foreign spouse returns to his/her country without fulfilling the husband-wife obligations as prescribed, the period when he/she has no contact with his/her spouse being a Vietnamese citizen is one year or longer, and his/her spouse, their next of kin and competent bodies (the Vietnamese diplomatic mission in the foreign spouse’s country, competent authorities of the country where the foreign spouse is a citizen) also have no information nor address of the foreign spouse after investigating and verifying the address he/she declared when carrying out entry/exit procedures and the address he/she declared in the marriage certificate when making marriage registration, this case shall be regarded as the case where the respondent deliberately conceals his/her address and, therefore, divorce shall be accepted.
Similarly, the Law on Marriage and Family 2014 now having effect, so, the agencies will apply it to settle the case instead of the Law on Marriage and Family 2000.

Property division after divorce involving foreign elements in Vietnam

According to clause 1, Article 59 of the Law on Marriage and Family 2014, the settlement of property shall be agreed upon by the concerned parties in case of applying the statutory matrimonial property regime. If they fail to reach agreement thereon, at the request of a spouse or both, a court shall settle it according to Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law.
In case of applying the agreed matrimonial property regime, the settlement of property upon divorce must comply with such agreement. If the agreement is insufficient or unclear, the settlement must comply with corresponding provisions of Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law.
On the other hand, according to Article 47 of the Law on Marriage and Family 2014, the spouses must make this agreement in writing before their marriage with notarization or certification.

Common property

The court shall divide the common property into two, taking into account the following factors:

  • Circumstances of the family, husband and wife.
  • Each spouse’s contributions to the creation, maintenance and development of the common property. The housework done in the family by a spouse shall be regarded as income-generating labor.
  • Protecting the legitimate interests of each spouse in their production, business, and career activities to create conditions for them to continue working to generate incomes.
  • Each spouse’s faults in the infringement of spousal rights and obligations.

The common property of husband and wife shall be divided in kind, if impossible to be divided in kind, common property shall be divided based on its value. The partner who receives the property in kind with a value bigger than the portion he/she has the right to receive shall pay the value difference to the other.

Separate property

Separate property of a spouse shall be under his/her ownership, except for separate property already merged into the common property in accordance with the Law on Marriage and Family.
A spouse who requests division of separate property merged into or mixed with common property shall receive the value of his/her property contributed to common property, unless otherwise agreed by husband and wife.

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

  • Legal advice related to new regulations;
  • Representing in drafting and editing documents;
  • We commit the papers to be valid, and legal for use in all cases;
  • Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.

After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.

Contact LSX

This article contains information about “Property division after divorce involving foreign elements in Vietnam” In recent years, we have supplied effective legal advice to businesses and individuals at reasonable prices and with efficient results. We always update and keep our operations and services in line with the law by adhering to legal principles. If you need any further information from the firm’s solicitors, please contact  LSX Law firm: +84846175333 or Email: hoangson@lsx.vn

See more

Solving divorce with foreigners in Vietnam

Copyright registration for foreign companies in Vietnam

Acts of copyright infringement by the law in Vietnam

Frequently asked questions

Do property rights and obligations of spouses toward a third party remain effective after divorce?

Property rights and obligations of husband and wife toward a third party remain effective after divorce, unless otherwise agreed by husband and wife and that party.

Division of common property used for business activities?

A spouse who carries out business activities related to the common property has the right to receive that property. That spouse shall pay the other the property value that the latter entitled to, unless otherwise prescribed by business law.

When does a marriage relation officially terminate?

The marriage relation shall terminate on the date a court’s divorce judgment or decision takes legally effective.

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Dossier to divorce for foreigner in Vietnam
Family & PersonalLegal service

Dossier to divorce for foreigner in Vietnam

by Quang Minh
written by Quang Minh

In modern society, many people of different nationalities get married. However, for various reasons, they decided to divorce. The resolution of divorce between people of different nationalities is quite complicated because the legal system governing each person’s rights and obligations is different. Therefore, in order to solve the problem of divorce with foreign elements, one must carefully study the relevant legal issues. In this article, LSX legal firm provides: “Dossier to divorce for foreigner in Vietnam”

  • Law on Marriage and Family 2014
  • Civil Procedure Code 2015

Marriage relations regarding foreign elements

The current Marriage and Family Law, as well as its guiding documents, provide no specific provisions for the concept of marriage involving foreign elements but instead explain the marriage relationship in general.

Under Private International Law, marriage and family relations involving foreign elements include marriage and family relations in the following situations:

  • To begin with, at least one of the partners is a foreigner or an overseas Vietnamese.
  • Secondly, although partners are Vietnamese citizens, the grounds for establishing, changing, or terminating the relationship are governed by foreign law.
  • Thirdly, the relationship occurs abroad, or the property associated with that relationship is located abroad.

The marriage relationship with foreign elements, as defined by the Law on Marriage and Family 2014, includes the following relationships: the husband-wife relationship involving foreign elements, the alimony relationship involving foreign elements, the guardianship relationship involving foreign elements, and the divorce relationship involving foreign elements.

Application of laws to marriage and family relations involving foreign elements

The regulation governing the application of the law in marriage and family is the choice of law rule in foreign relations under Vietnamese private international law. In particular, Article 122 of the Law on Marriage and Family 2014 on the application of laws to marriage and family relations involving foreign elements:
“1. Unless otherwise provided by this Law, the legal provisions of the Socialist Republic of Vietnam concerning marriage and family apply to marriage and family relations involving foreign elements.
In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, the provisions of such treaty prevail.

  1. In case this Law and other legal documents of Vietnam refer to the application of a foreign law, such foreign law shall apply, provided such application does not contravene the fundamental principles laid down in Article 2 of this Law.
    In case a foreign law refers back to the Vietnamese law, Vietnam’s marriage and family law shall apply.
  2. In case a treaty to which the Socialist Republic of Vietnam is a contracting party refers to the application of a foreign law, such foreign law shall apply.”

In case the Vietnamese government signs an international treaty that governs marriage and family relations, the competent agencies must follow the treaty’s rules, even if Vietnamese law says otherwise.
On the other hand, if Vietnamese law or international treaties lead to the application of foreign laws, the competent agencies must follow the regulations of those laws.

Divorce including foreign element

According to Clause 14, Article 3 of the Law on Marriage and Family 2014:

  1. Divorce means the termination of the husband and wife relationship according to a legally effective judgment or decision of a court.

Besides, under Article 127 of this law, the divorce between a Vietnamese citizen and a foreigner or between two foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency.
In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law shall apply.
The settlement of a divorced couple’s immovables in a foreign country must comply with the law of the country where such immovables located.

Persons entitled to request a divorce

People have the right to request settlement of divorce including:

  • Husband or wife or both has or have the right to request a court to settle their divorce.
  • A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.
  • A husband has no right to request a divorce during his wife’s pregnancy, giving birth, or nursing an under-12-month child.

Divorce by mutual consent

When both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two have the will to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children. If the spouses fail to reach agreement or have reached an agreement which fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.

Unilateral divorce at the request of one spouse:

  • When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.
  • When the spouse of a person declared missing by a court requests a divorce, the court shall permit the divorce.
  • For a request for a divorce under Clause 2, Article 51 of the Law on Marriage and Family 2014, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health, or spirit of the other.

Dossier to divorce for foreigner in Vietnam

To request a divorce involving foreign elements in Vietnam, you need to prepare the following documents:

  • Application for divorce or Application for recognition of consent to divorce (according to the court’s form).
  • The original marriage certificate (if any), in case the original marriage certificate is lost, a copy certified by a competent state agency must be submitted.
  • Identity card or Passport (certified copy).
  • A copy of the child’s birth certificate (if having children).
  • Certified copies of vouchers and documents on property ownership (if having property dispute).
  • Documents proving that one party is abroad (if any).

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

  • Legal advice related to new regulations;
  • Representing in drafting and editing documents;
  • We commit the papers to be valid, and legal for use in all cases;
  • Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.

After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.

Contact LSX

This article contains information about “Dossier to divorce for foreigner in Vietnam” In recent years, we have supplied effective legal advice to businesses and individuals at reasonable prices and with efficient results. We always update and keep our operations and services in line with the law by adhering to legal principles. If you need any further information from the firm’s solicitors, please contact  LSX Law firm: +84846175333 or Email: hoangson@lsx.vn

See more

Solving divorce with foreigners in Vietnam

Steps to divorce with foreigners in Vietnam

Quick divorce with foreigners in Vietnam

Frequently asked questions

Divorce without getting married?

For a couple who has not registered their marriage but requests a divorce, the court shall accept the case and declare non-recognition of their spousal relationship under Clause 1, Article 14 of the Law on Marriage and Family; and shall settle any children- or property-related requests according to Articles 15 and 16 of the Law on Marriage and Family.

Conditions for unilateral divorce?

When reasonable grounds to believe that a spouse commits domestic violence or seriously violates the rights and obligations of the husband or wife, which seriously degrades the marriage and renders their common life impossible and the marriage goals unattainable.
When the spouse of a person declared missing by a court requests a divorce

How long does it take to settle a divorce with the absence of foreigner?

In the absence of foreigners, the time for divorce settlement is approximately 24 months.

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Vietnamese civil servants marry foreigners
Family & PersonalLegal service

Vietnamese civil servants marry foreigners

by Quang Minh
written by Quang Minh

In the context of international integration, many foreign nationals intend to enter Vietnam. On the contrary, many Vietnamese citizens want to go abroad. When two parties meet and develop social relationships, marriage cases arise. Usually, when marrying a foreigner, each party needs to find out about his/her spouse’s laws regarding marriage. In this article, LSX legal firm will give you an insight into: “Vietnamese civil servants marry foreigners”

  • Law on Marriage and Family 2014
  • Decree 123/2015/ND-CP

Marriage involving foreign elements

The current Law on Marriage and Family as well as its guiding documents do not have specific provisions on the concept of marriage involving foreign elements, but only provide an explanation of the marriage relationship regarding foreign elements.

Marriage and family relations involving foreign elements under Private International Law mean marriage and family relations in the following cases:

  • Firstly, at least one partner is a foreigner or an overseas Vietnamese.
  •  Secondly, partners are Vietnamese citizens but the bases for establishing, changing, or terminating that relationship is governed by foreign law. 
  •  Thirdly, the relation arises abroad, or the property related to that relation is located abroad.

From the explanation of the marriage relationship with foreign elements according to the Law on Marriage and Family 2014, you can see that the marriage relationship with foreign elements includes the following relationships: the husband-wife relationship involving foreign elements, the alimony relationship involving foreign elements, the guardianship relationship involving foreign elements, and the divorce relationship involving foreign elements.

Application for registration of marriage with a foreigner

  • Dossier:
  1. Both partners may fill out a single application form for marriage registration.
  2. A document certifying the marital status of a foreigner is a document that is issued by a foreign competent authority, remains valid, and certifies that the holder is single. If the foreign country does not issue a document certifying marital status, an equivalent document issued by the foreign competent authority certifying the holder’s eligibility for marriage as prescribed in the law of such country required.

In case the document certifying the marital status of a foreigner has an indefinite term, such document and the certificate issued by the health facility as prescribed in Clause 1 Article 38 of the Law on civil status shall only remain valid for 6 months from the date of issue.

  • In case the foreigner party does not have passport, he/she may present an international travel paper or a residence card.
  • Additionally, if the Vietnamese party obtained divorce or granted marriage annulment at a foreign competent authority, he/she shall also submit a copy of vital records about such divorce or marriage annulment. If the partner being a Vietnamese citizen is an official or public employee or an armed force official, he or she shall also submit a document issued by the authority certifying that his or her marriage to the foreigner is conformable with the regulations of such sector.

Make the application for marriage registration in one set and submit it directly to the district-level Justice Department where the Vietnamese citizen permanently or temporarily resides. For districts and cities that implement the one-stop-shop mechanism, submit the application directly at the receiving and result-returning section. Submit dossiers to the Commune People’s Committee for cases of marriage in the border area between Vietnamese citizens and foreign citizens living in the same border area.

Can Vietnamese civil servants marry foreigners?

Marriage between a man and a woman is established on the principle of completely voluntary agreement between the two parties. The Law on Marriage and Family 2014 stipulates cases of prohibition on marriage as follows:

  • Sham marriage or sham divorce;
  • Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
  • 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;
  • Getting married or cohabitating as husband and wife between people of the same direct bloodline; 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;
  • Demanding property in marriage;
  • Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;
  • Giving birth with assisted reproductive technology for commercial purposes, commercial gestational surrogacy, prenatal sex selection, cloning;
  • Domestic violence;
  • Taking advantage of marriage and family rights for human trafficking, labor exploitation, sexual abuse, or committing another act for self-seeking purposes.

The marriage of a Vietnamese civil servant to a foreigner does not violate any of the above prohibitions. Other legal provisions also do not prohibit marriage between civil servants and foreigners. So, a Vietnamese civil servant completely has the right to enter into marriage with a foreigner.

Order and procedures for recording marriage in civil status books

Article 48 and 50 of the Law on Civil Status 2014 stipulates the recording in the civil status book about matters of Vietnamese citizens settled at competent foreign agencies and marriage, divorce, or annulment of marriage. On the other hand, Article 35 of Decree 123/2015/ND-CP provides provisions on guiding the procedure of Article 48 and 50 of the Law on Civil Status 2014 as follows:

Article 35. Procedures for marriage record

An application for marriage record shall be submitted by either one partner at the competent authority as prescribed in Clause 1 Article 48 of the Law on civil status, including:
a) An application form as prescribed;
b) A copy of the marriage certificate issued by the foreign competent authority;
c) Apart from documents prescribed in Points a and b of this Clause, if the application is submitted by post, copies of documents prescribed in Clause 1 Article 2 of this Decree are also required; if the partner being a Vietnamese citizen obtained divorce or marriage annulment at the foreign competent authority, a copy of the record of such divorce or marriage annulment prescribed in Clause 2 Article 37 of this Decree is also required.
Time limit for a marriage record is 5 working days, from the date on which the Committee Division of Justice receives the application.
In case of necessity to verify, the processing time limit is 10 working days.
Procedures for marriage records shall be consistent with Clause 2 Article 50 of the Law on civil status and the following:
a) If the application is considered satisfactory as prescribed in Article 34 of this Decree, the Chief of Committee Division of Justice shall document the marriage in the vital records and request the President of the People’s Committee of the district to sign the original copy from the vital records to the applicant.
b) If the application is considered unsatisfactory as prescribed in Clause 1 Article 36 of this Decree, the Chief of Committee Division of Justice shall request the President of the People’s Committee of the district to refuse it.

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

  • Legal advice related to new regulations;
  • Representing in drafting and editing documents;
  • We commit the papers to be valid, and legal for use in all cases;
  • Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.

After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.

Contact LSX

The above content details information regarding “Vietnamese civil servants marry foreigners”. LSX Legal Firm has provided effective legal guidance to businesses and individuals with reasonable prices as well as efficient outcomes in recent years. Following legal principles, we always update and keep our operations and services on track with the law. If you need any further information from the firm’s solicitors, please contact  LSX Law firm: +84846175333 or Email: hoangson@lsx.vn

See more

Children of Party members in Vietnam marry a foreigner

Regulations on marriage with foreigners in Vietnam

Where to register for marriage with a foreigner in Vietnam

Frequently asked questions

Documents proving the marital status of a foreigner?

Usually, this certificate issued by a foreign competent authority. This document must confirm that the person currently does not have a spouse and in the validity term.
In case foreigners do not have this paper, they can replace it with a document issued by a foreign competent authority certifying that the person eligible for marriage in accordance with the laws of that country.

The competence to record in the civil status book civil status Vietnamese citizens’ marriage settled at competent foreign agencies?

District-level People’s Committees of places of residence of Vietnamese citizens have the competence to record in the civil status book the birth registration; marriage; guardianship; parent and child recognition; parent and child identification; adoption; and civil status change already settled at competent foreign agencies.

Conditions for granting marriage registration certificate?

Committee Division of Justice shall request the President of the People’s Committee of the district to sign 2 originals of marriage certificates in case the application for marriage registration valid and both spouses satisfy conditions for marriage as well as not fall into cases of marriage registration refusal.

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Fee for registration of marriage with a foreigner in Vietnam
Family & PersonalLegal service

Fee for registration of marriage with a foreigner in Vietnam

by Quang Minh
written by Quang Minh

Many questions raise when it comes to marriage between a foreigner and a Vietnamese citizen in Vietnam. To have a clear understanding of the law’s regulations about these problems, people have to do research about the fees, procedures, papers required, and so on. In this article, LSX legal firm would like to deepen your insight through: “Fee for registration of marriage with a foreigner in Vietnam”

  • Law on Marriage and Family 2014
  • Law on Civil Status 2014
  • Resolution 124/2016/NQ-HDND
  • Resolution 06/2020/NQ-HDND

Marriage regarding foreign relations

Article 126. Marriage involving foreign elements

1. 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.

Competence to register marriage

According to Article 37 of the Law on Civil Status 2014:

  • District-level People’s Committees of places of residence of Vietnamese citizens shall register marriages between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; and between Vietnamese citizens who also have foreign citizenship and Vietnamese citizens or foreigners.
  • In case a foreigner residing in Vietnam requests marriage registration in Vietnam, the district-level People’s Committee of the place of residence of either partner shall register the marriage.

Marriage registration procedures

Marriage registration procedures

  • Firstly, the male and female partners submit a declaration, made according to a set form, and a written certification of a competent Vietnamese or foreign health organization stating that he/she does not suffer from any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts to the civil status registration agency.

Foreigners and Vietnamese citizens residing abroad shall additionally submit papers proving their marital status and copies of their passports or valid passport substitute papers.

  • Then, within 15 days after receiving complete papers specified in Clause 1 of this Article, civil status officers shall verify; if seeing that the law-prescribed marriage conditions are fully met, the district-level Justice Division shall report to the chairperson of the district-level People’s Committee for settlement.
  • Lastly, upon marriage registration, both male and female partners must present at the head office of the People’s Committee, and the civil status officer shall ask for the opinions of the male and female partners. If seeing that they voluntarily marry each other, the civil status officer shall record the marriage in the civil status book and together with the male and female partners sign in the civil status book. The male and female partners shall both sign in the marriage certificate.

The chairperson of the district-level People’s Committee shall hand the marriage certificate to the couple.

Application for marriage registration

  1. Both partners may fill out a single application form for marriage registration.
  2. A document certifying the marital status of a foreigner is a document that is issued by a foreign competent authority, remains valid, and certifies that the holder is single. If the foreign country does not issue a document certifying marital status, an equivalent document issued by the foreign competent authority certifying the holder’s eligibility for marriage as prescribed in the law of such country required.

In case the document certifying the marital status of a foreigner has an indefinite term, such document and the certificate issued by the health facility as prescribed in Clause 1 Article 38 of the Law on civil status shall only remain valid for 6 months from the date of issue.

  • In case the foreigner party does not have a passport, he or she may present an international travel paper or a residence card.
  • Additionally, if the Vietnamese party obtained divorce or granted marriage annulment at a foreign competent authority, he or she shall also submit a copy of vital records about such divorce or marriage annulment. If the partner being a Vietnamese citizen is an official or public employee or an armed force official, he or she shall also submit a document issued by the authority certifying that his or her marriage to the foreigner is conformable with the regulations of such sector.

Application of laws to marriage and family regarding foreign relations

According to Vietnamese private international law, the regulation governing the application of the law in marriage and family is the choice of law rule regarding foreign relations. Specifically, Article 122 of the Law on Marriage and Family 2014 stipulates the choice of law applicable to the following cases:

Article 122. Application of laws to marriage and family relations involving foreign elements

Unless otherwise provided by this Law, the legal provisions of the Socialist Republic of Vietnam concerning marriage and family are applicable to marriage and family relations involving foreign elements.
In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, the provisions of such treaty prevail.
In case this Law and other legal documents of Vietnam refer to the application of a foreign law, such foreign law shall apply, provided such application does not contravene the fundamental principles laid down in Article 2 of this Law.
In case a foreign law refers back to the Vietnamese law, Vietnam’s marriage and family law shall apply.
In case a treaty to which the Socialist Republic of Vietnam is a contracting party refers to the application of a foreign law, such foreign law shall apply.

As you can see, if the Socialist Republic of Vietnam participates in an international treaty specified in marriage and family relations, the competence agencies shall apply the regulations of the treaty, even if Vietnamese law regulates differently.
Also, if Vietnamese law or international treaties refer to the application of foreign laws, the competence agencies shall apply foreign laws’ regulations.

Fee for registration of marriage with a foreigner in Vietnam

According to Resolution 124/2016/NQ-HDND issued by the People’s Council of Ho Chi Minh City, the marriage registration fee for marriage registration at the Commune People’s Committee costs 20,000 VND; Marriage registration at the district People’s Committee costs 1,000,000 VND.
Under Resolution 06/2020/NQ-HDND stipulating the collection of fees and charges in Hanoi city under the decision-making authority of the Hanoi People’s Council, the registration fee for marriage at the district-level People’s Committee is VND 1,000,000.

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

  • Legal advice related to new regulations;
  • Representing in drafting and editing documents;
  • We commit the papers to be valid, and legal for use in all cases;
  • Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.

After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.

Contact LSX

This article contains information about “Fee for registration of marriage with a foreigner in Vietnam” In recent years, we have supplied effective legal advice to businesses and individuals at reasonable prices and with efficient results. We always update and keep our operations and services in line with the law by adhering to legal principles. If you need any further information from the firm’s solicitors, please contact  LSX Law firm: +84846175333 or Email: hoangson@lsx.vn

See more

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Frequently asked questions

How long does it take to register a marriage between foreign citizen and Vietnamese citizen?

According to Decree 123/2015/ND-CP detailed provisions of some Articles and measures for the implementation of the Law on Civil Status, Articles 31 and 32 stipulate procedures for marriage registration as well as granting marriage licenses. It takes 10 days to carry out the procedure for marriage registration and 3 days for granting marriage licenses.

Legal age for marriage under Vietnamese law?

According to the Law on Marriage and Family 2014, a men can enter into marriage from the age of 20 and a women can enter into marriage from the age of 18.

What law applies to the proceedings in the court of marriage and family with foreign elements?

Under Vietnamese legislation, the competence to settle cases and matters of marriage and family involving foreign elements at court must comply with the Civil Procedure Code.

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How long does it take to register marriage with a foreigner in Vietnam?
BusinessFamily & Personal

How long does it take to register marriage with a foreigner in Vietnam?

by Quang Minh
written by Quang Minh

When people meet and form social relationships, many marriage cases arise. Particularly, marriage between foreigners happens regularly nowadays. When marrying a foreigner, each party should learn about his or her spouse’s marriage laws. In Vietnam, private international law governs marriage regarding foreign relations through certain laws and regulations. In this article, LSX legal firm will help you to answer the question: “How long does it take to register marriage with a foreigner in Vietnam?”

  • Law on Marriage and Family 2014
  • Law on Civil Status 2014

Marriage according to private international law

Marriage and family relations involving foreign elements under Private International Law mean marriage and family relations in the following cases:

  • Firstly, at least one partner participates as a foreigner or an overseas Vietnamese.
  • Secondly, partners are Vietnamese citizens but the bases for establishing, changing, or terminating that relationship is governed by foreign law. 
  • Thirdly, the relation arises abroad, or the property related to that relation is located abroad.

On the other hand, Article 126 of the Law on Marriage and Family 2014 stipulates that:

Article 126. Marriage involving foreign elements

1. 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, each spouse must follow the conditions of marriage under his or her nation’s law on marriage. In addition, when the couple decides to register their marriage with a Vietnamese authority, the foreign party has to satisfy the conditions regulated by Vietnam Law on Marriage and Family 2014.

That means, the Vietnamese party must comply with Vietnamese law on marriage conditions and the foreign party must comply with their country’s law on marriage conditions. For example, among other conditions, the legal age to get married in the UK is 16 years old, while in Vietnam it’s 20 for men and 18 for women. So in this case, 20 years old Vietnamese men can marry 16 years old English women and 16 years old English men can marry 18 years old women. Besides, if the couple register their marriage in Vietnam, the English men or women must comply with Vietnamese conditions on legal age for marriage (20 for men and 18 for women)
Marriages between foreigners permanently residing in Vietnam at competent Vietnamese agencies must adhere to the provisions of Vietnam Law on Marriage and Family which governs marriage conditions.

Conditions on marriage

A man and a woman wishing to marry each other must satisfy the following conditions:

  • Firstly, the man is full 20 years or older, the woman is full 18 years or older.
  • Secondly, the marriage voluntarily decided by the man and woman.
  • Thirdly, the man and woman do not lose the civil act capacity.
  • Fourthly, the marriage does not fall into one of the following cases:
  1. Sham marriage or sham divorce;
  2. Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
  3. 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;
  4.  Getting married or cohabitating as husband and wife between people of the same direct bloodline; 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;

On the other hand, the Vietnamese State does not recognize marriage between persons of the same sex.

Competence to settle cases and matters of marriage and family involving foreign elements

The Law on Marriage and Family 2014 regulates that:

  • The competence to register civil status related to marriage and family relations involving foreign elements must comply with the law on civil status.
  • The competence to settle cases and matters of marriage and family involving foreign elements at court must comply with the Civil Procedure Code.
  • District-level People’s Courts of localities where Vietnamese citizens reside are competent to cancel illegal marriages, settle divorce cases, disputes over the rights and obligations of husband and wife, parents and children, recognition of parents, children, child adoption and guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries living in areas bordering on Vietnam in accordance with this Law and other Vietnamese laws.

How long does it take to register marriage with a foreigner in Vietnam?

Decree 123/2015/ND-CP detailed provisions of some Articles and measures for the implementation of the Law on Civil Status, including procedures for marriage registration as well as granting marriage licenses. In particular:

Article 31. Marriage registration procedures

Procedures for marriage registration shall be consistent with Clauses 2, 3, and 4 Article 38 of the Law on civil status and the following:

  1. Within 10 working days from the date on which the satisfactory application received, Committee Division of Justice shall assess it and carry out verification deemed necessary. Chief of Committee Division of Justice shall be answerable to the assessment results and any request of Committee Division of Justice in the processing of application for marriage registration.
  2. If the application is considered satisfactory, and both partners meet conditions for marriage as prescribed in the Law on marriage and family and are not subject to refusal cases prescribed in Article 33 of this Decree, Committee Division of Justice shall request the President of People’s Committee of district to sign 2 originals of marriage licenses.
  3. Subject to particular situations, whenever necessary, the Ministry of Justice shall request the Prime Minister to provide additional regulations on inquiry procedures included when the application for marriage registration is processed so as to protect lawful rights and interests of the partners and ensure the effective state management.

Article 32. Granting marriage licenses

  1. Within 3 working days from the date on which the President of People’s Committee of district signs marriage licenses, Committee Division of Justice shall grant marriage licenses to the partners in person.
  2. The granting marriage licenses shall be consistent with Clause 3 Article 38 of the Law on civil status.
    Marriage licenses shall be valid from the date on which they are documented in the vital records and granted to the partners as prescribed in this Clause.
  3. If either or both partner(s) cannot present to receive marriage license(s), Committee Division of Justice shall, upon their request in writing, give an extension of granting period providing not exceeding 60 days, from the date on which the President of People’s Committee of district signs marriage licenses. Upon expiration of such 60-day period, if both partners fail to present and receive marriage licenses, Committee Division of Justice shall request the President of People’s Committee of district to cancel the signed marriage licenses.
    If the partners still wish to get married thereafter, they shall follow the procedures for marriage registration from the beginning.

So, overall, it takes about 13 days for the marriage registration and issuance of the marriage registration certificate.

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

  • Legal advice related to new regulations;
  • Representing in drafting and editing documents;
  • We commit the papers to be valid, and legal for use in all cases;
  • Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.

After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.

Contact LSX

The above content details information regarding “How long does it take to register marriage with a foreigner in Vietnam?”. LSX Legal Firm has provided effective legal guidance to businesses and individuals with reasonable prices as well as efficient outcomes in recent years. Following legal principles, we always update and keep our operations and services on track with the law. If you need any further information from the firm’s solicitors, please contact  LSX Law firm: +84846175333 or Email: hoangson@lsx.vn

See more

Regulations on marriage with foreigners in Vietnam

Where to register for marriage with a foreigner in Vietnam?

How to handle child marriage in Vietnam?

Frequently asked questions

Equality in rights and obligations between husband and wife?

Husband and wife participate equally in their marriage relationship, having equal rights and obligations in all family affairs and in the performance of citizens’ rights and obligations prescribed in the Constitution, the Law on Marriage and Family 2014, and relevant laws.

Rights and obligations of husband and wife to meet their family’s essential needs?

Husband and wife have the right and obligation to make transactions to meet their family’s essential needs.
When husband and wife have no common property or their common property not enough to meet their family’s essential needs, they shall contribute their separate property according to their financial capacity

In what cases does the disposition of common property require agreement in writing by husband and wife?

– Real estate.
– Movable assets required by law to registered for ownership.
– Assets as major income-generating source for the family.

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How long does it take to get a unilateral divorce in Vietnam?
Family & PersonalLegal service

How long does it take to get a unilateral divorce in Vietnam?

by Quang Minh
written by Quang Minh

Recently, LSX legal firm received a question from our customer: “Hello Lawyer. My husband and I entered into marriage 5 years ago, we had no children together. Now, due to many conflicts, we often argue so I want a divorce, but my husband does not agree. Besides, he has committed violence acts against me. In my case, can I divorce my husband unilaterally? How long does it take to get a unilateral divorce in Vietnam?”
So, in this article, we will help you with information regarding this problem.

  • Law on Marriage and Family 2014
  • Civil Procedure Code 2015

Who has the right to request a unilateral divorce?

According to Article 51 of the Law on Marriage and Family 2014, the right to request divorce settlement:

Article 51. The right to request settlement of divorce

Husband or wife or both has or have the right to request a court to settle their divorce.
A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.
A husband has no right to request a divorce when his wife is pregnant, gives birth, or is nursing an under-12-month child.

Article 56 of the Law on Marriage and Family 2014 regulates divorce at the request of one spouse

  1. When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.
  2. When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.
  3. For a request for a divorce under Clause 2, Article 51 of this Law, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health, or spirit of the other.

Thus, based on the above provisions of law, in case your husband commits domestic violence acts that seriously affect your life and health, you have the right to request the Court to settle the case.

Unilateral divorce proceedings

Papers needed for unilateral divorce

The divorce proceedings include the following documents:

  • Marriage registration certificate (original).
  • Identity card of husband and wife (certified copy).
  • Birth certificates of children (if having children together, a certified copy).
  • Family registration book (certified copy).
  • Papers proving ownership of common property (if having common property, a certified copy).
  • In case you lost your marriage certificate, you can contact the civil status agency where you registered your marriage to apply for a copy.
  • In case you do not have the spouse’s identity card, follow the instructions of the Court to submit another identity document instead.

Authorities competent to settle unilateral divorce

Under Point a, Clause 1, Article 35 of the Civil Procedure Code 2015, the jurisdiction of district-level people’s courts:
Article 35. Jurisdiction of People’s Courts of districts

  1. People’s Courts of districts shall have the jurisdiction to settle according to first-instance procedures the following disputes:
    a) Disputes over civil matters, marriage, and family, prescribed in Articles 26 and 28 of this Code;

On the other hand, according to the provisions of Article 39 of the Civil Procedure Code 2015, the jurisdiction of the courts by territory:
“Article 39. Territorial jurisdiction of courts

  1. Territorial jurisdiction of Courts to settle civil lawsuits shall be determined as follows:
    a) The Courts of the localities where the defendants reside or work, applicable to defendants being individuals, or where the defendants are headquartered, applicable to defendants being agencies or organizations, shall have the jurisdiction to settle according to first-instance procedures for civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;
    b) The involved parties shall have the right to agree with each other in writing to petition the Courts of the localities where the plaintiffs reside or work, applicable to plaintiffs being individuals, or where the plaintiffs are headquartered, applicable to plaintiffs being agencies or organizations, to settle civil, marriage and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;
    c) Disputes over real estates must be settled by Courts where such real estates are located.
    …”
    According to the above provisions, you can file a petition for divorce at the district court where your husband resides and works. In case having an agreement to choose the Court where you reside, you shall file the application at the District Court where you reside or work.

How long does it take to get a unilateral divorce in Vietnam?

According to the civil procedure code, in case of unilateral divorce, the time limit for trial preparation is 4 months from the date of acceptance of the case. For complicated cases, the time limit for trial preparation may get extended but must not exceed 2 months.
Within 1 month from the date of the decision to bring the case to trial, the court must open a court session. If there is a legitimate reason, this time limit is 2 months. In fact, the time to resolve a divorce case may be shorter or longer than the time prescribed by law depending on the nature of each case.
Additionally, unilateral divorce comes from one spouse’s request, so in reality, the other party may cause difficulties, disadvantages, or even hinder this divorce. Therefore, the proceeding time of unilateral divorce in practice may take longer than prescribed by law.

Article 59. Principles of settlement of property of husband and wife upon divorce

  1. The settlement of property shall be agreed upon by the concerned parties in case of applying the statutory matrimonial property regime. If they fail to reach an agreement thereon, at the request of a spouse or both, a court shall settle it according to Clauses 2, 3, 4, and 5 of this Article and Articles 60, 61, 62, 63, and 64 of this Law.
    In the case of applying the agreed matrimonial property regime, the settlement of property upon divorce must comply with such agreement. In case the agreement is insufficient or unclear, the settlement must comply with corresponding provisions of Clauses 2, 3, 4, and 5 of this Article and Articles 60, 61, 62, 63, and 64 of this Law.
  2. Common property shall be divided into two, taking into account the following factors:
    a/ Circumstances of the family, husband, and wife;
    b/ Each spouse’s contributions to the creation, maintenance, and development of the common property. The housework done in the family by a spouse shall be regarded as income-generating labor;
    c/ Protecting the legitimate interests of each spouse in their production, business, and career activities to create conditions for them to continue working to generate incomes;
    d/ Each spouse’s faults in the infringement of spousal rights and obligations.
  3. Common property of husband and wife shall be divided in kind, if impossible to be divided in kind, the common property shall be divided based on its value. The partner who receives the property in kind with a value bigger than the portion he/she is entitled to receive shall pay the value difference to the other.
    …

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

  • Legal advice related to new regulations;
  • Representing in drafting and editing documents;
  • We commit the papers to be valid, and legal for use in all cases;
  • Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.

After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.

Contact LSX

In this article, we provide information regarding “How long does it take to get a unilateral divorce in Vietnam?”. With qualified solicitors, LSX legal firm has provided efficient legal services to our customers. We guarantee to constantly update and keep our operations as well as services in line with the law. If you have any questions about the law, please get in touch with us via hotline LSX Law firm: +84846175333 or Email: hoangson@lsx.vn

See more

How to handle child marriage in Vietnam?

Register a marriage with a foreigner in Vietnam

Proving separate property before marriage under Vietnam law

Frequently asked questions

How to deal with unilateral divorce when one party is absent?

When one of the involved parties does not present, the Court will still proceed with the unilateral divorce settlement when:
The person requesting divorce, his/her spouse has an application to the Court for trial in his/her absence;
Husband and wife are absent but have a representative to attend the court session;
If the absent party does not have a counterclaim and is absent because of force majeure events or objective obstacles, there is no application for trial in his or her absence and no representative attends the trial.

In what cases can a husband not get a unilateral divorce?

According to the provisions of Clause 3, Article 51 of the Law on Marriage and Family 2014, a husband does not have the right to request a divorce during his wife’s pregnancy, giving birth, or raising a child under 12 months old.

Current legal fee for a unilateral divorce?

According to the provisions of Resolution No. 326/2016/UBTVQH14, if the claimant has no claim for an identifiable amount of money or property in a specified amount, the court fee will be 300,000 VND, and in contrast, the value will be based on the value of the divided property.

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The latest marriage record procedure according to Vietnamese law
Family & PersonalLegal service

The latest marriage record procedure according to Vietnamese law

by Linh Gia
written by Linh Gia

Just like other civil status judicial procedures such as birth registration, marriage registration, confirmation of marital status, etc… The marriage note is also an important procedure. The implementation of this procedure marks a person who has performed the procedure of marriage abroad. However, when carrying out this procedure, many people are still confused because they do not understand the legal provisions. Today, LSX Lawfirm will give you an article about “The latest marriage record procedure according to Vietnamese law”, as follows:

Civil Status Law 2014

Decree 123/2015/ND-CP

Law on marriage and family 2014

What is a marriage note?

Marriage note is the recording by a competent authority in Vietnam in the civil status book that the marriage of a Vietnamese citizen has settled at a foreign competent authority.

Such marriage note is for the marriage relationship to recognize under Vietnamese law. After completing this procedure, then the marriage relationship will recognized within the territory of Vietnam.

Conditions for marriage notes

Article 34 of Decree 123/2015/ND-CP stipulates the conditions for recording in the civil status book of a Vietnamese citizen’s marriage has settled at a competent foreign agency.

Accordingly, the marriage between Vietnamese citizens, a foreigner registered at a foreign competent authority abroad shall recorded in the civil status book in Vietnam if:

  • Firstly, At the time of marriage, the parties meet all conditions for marriage and do not violate the prohibition prescribed by the Law on Marriage and Family.
  • Secondly, The case at the time of marriage registration at a foreign competent authority; men and women do not meet the conditions for marriage; but does not violate the prohibition as prescribed in Clause 2, Article 5 of the Law on Marriage and Family; The marriage will still recorded in the civil status book if it falls into one of two cases:

+ By the time the procedure for notifying the marriage in Vietnam, the consequences have overcome;

+ The marriage note is to protect the rights of Vietnamese citizens and children.

Order and procedures for recording in the civil status book of marriage

Dossier to prepare

Pursuant to Clause 1, Article 35 of Decree 123/2015; The marriage note dossier includes the following documents to submit:

  • Declaration of marriage notes according to the form;
  • A copy of the document certifying the marriage to a foreigner, issued by a competent foreign agency;
  • Copies of identity papers of both male and female parties if sending documents via postal system.
  • If a Vietnamese citizen divorced; If the marriage is canceled at a foreign competent authority, an extract of the divorce recorded in the civil status book must be submitted, cancel the marriage then.
  • Power of attorney in accordance with the law in case of authorization to make marriage notes. In case the authorized person is Mr or Mrs; parents; children, wife, husband; brother, sister or brother of the authorizing person, the power of attorney does not have to be notarized; authentication; but must have documents proving the relationship with the authorized person.
  • Passport; identity card; citizen identification card; other papers with photos and personal information on them issued by competent authorities; still valid for use to prove the identity of the person requesting the marriage note;
  • Proof of residency to determine jurisdiction.
  • In case the application is sent via the postal system, it must be enclosed with certified copies of the above-mentioned papers to be presented.

Marriage Note Authority

Accordingly to Article 48 of the Law on Civil Status; The authority to record the marriage belongs to the People’s Committee of the district where the Vietnamese citizen resides and records in the civil status book the marriage event has settled at a competent foreign agency.

Thus, the requester, after preparing the above documents, shall submit them to the People’s Committee of the district where he/she resides to carry out the procedures.

Solve the marriage note

After receiving the dossier; considers that the application file is complete and meets all the conditions for recording in the civil status book of the marriage; The head of the Justice Department shall record in the book and report to the President of the district-level People’s Committee to sign and issue the original civil status extract to the requester.

So if the request for recording in the civil status book found, the marriage falls into one of the cases of violation of the prohibition as prescribed by the Law on Marriage and Family; cases where Vietnamese citizens marry foreigners at diplomatic missions; If a foreign consular representative office is in Vietnam, the Head of the Justice Department shall report to the Chairman of the district-level People’s Committee for refusal.

The time limit for recording in the civil status book of the marriage is 05 working days; from the date, the Justice Department receives the dossier. In case verification is required, the time limit for settlement shall not exceed 10 working days.

Consulting service of LSX Lawfirm

Above is the advice of Lawyer 247 on the latest marriage note procedure. So we hope that you can apply the above knowledge to use in work and life. Please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.

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What is marriage?

Marriage means the establishment of a husband and wife relationship by a man and a woman when the conditions for marriage are satisfied; carry out marriage registration at a competent agency in accordance with law. Marriage is a legal event giving rise to a marital relationship. When getting married, the male and female parties must fully comply with the marriage conditions prescribed by the Law on Marriage and Family; marriage must be registered at a competent marriage registration agency for such marriage to be recognized as lawful; between the parties, a husband and wife relationship arises before the law.

What does marriage registration mean?

Marriage registration is a legal procedure; is the basis for the law to protect the rights and obligations of each person. A marriage registration certificate is a type of personal civil status document certified by a competent state agency that a person is in marital status. After marriage registration; benefits will arise; obligations towards husband and wife. If a man and a woman live together without registering their marriage, they will have trouble determining common property and separate property; as well as very difficult to prove their rights.

What are the conditions for marriage registration?

Conditions for marriage registration under Article 8 of the Law on Marriage and Family are as follows:
– Firstly, Male from full 20 years old or older; females 18 years or older.
– Secondly, The marriage by a man; Women decide voluntarily.
– Thirdly, No loss of civil act capacity. The marriage does not fall into one of the cases where marriage is prohibited under the Law on Marriage and Family.

Contact LSX Lawfirm

Finally, hope this article is useful for you; answer the question about: “The latest marriage record procedure according to Vietnamese law“. If you need more information, please contact  LSX Law firm: +84846175333 or Email: hoangson@lsx.vn.

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