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 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.
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
- Dossier for application of marriage registration:
- Both partners may fill out a single application form for marriage registration.
- 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 elementsUnless 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.
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Frequently asked questions
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.
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.
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.