Is it possible to marry a Vietnamese while abroad? If yes, then what are the procedures? Let’s find out in this article with LSX Law firm.
- Law on Marriage and Family 2014
- Decree 126/2014/ND-CP
- Joint Circular No. 02/2016/TTLT-BNG-BTP
Is it possible to marry a Vietnamese while abroad?
According to Article 8 of the Law on Marriage and Family 2014, the conditions for marriage are as follows:
1. A man and woman getting married must comply with the following conditions:
a) Men are full 20 years of age or older, and women are full 18 years or older;
b) The marriage must be consensual by both the man and the woman;
c) Both must have full civil act capacity;
d) The marriage does not fall into one of the cases where marriage is illegal as according to Points a, b, c, and d, Clause 2, Article 5 of this Law.
2. The State does not recognize marriage between people of the same sex.
Procedures for marriage registration at representative offices of Vietnam in foreign countries
Prepare the dossier for marriage registration
Under the current law, the dossier for marriage registration abroad includes:
- Marriage declaration according to the prescribed form, both male and female parties can declare together in a single marriage registration declaration;
- A certificate issued by a competent medical organization that has not been older than 6 months, by the date of receipt of the dossier, certifies that the person currently does not suffer from mental illness or other diseases, can perceive and control his/her behavior.
- Certificate of marital status of each party, issued by the competent authority of the country of which the marriage applicant is a citizen, not older than 6 months, up to the date of receipt of the application, certifying that the applicant is currently not married;
- Copy of household registration book or certificate of collective population or certificate of temporary residence registration with definite term (for Vietnamese citizens in the country);
- Copy of identity card (for Vietnamese citizens in the country);
- A copy of the civil status
Submit the dossier at a competent overseas representative agency
The provisions of Clause 1, Article 7 of Joint Circular No. 02/2016/TTLT-BNG-BTP on the competence to register marriage with foreign elements stipulates that:
The representative office in the consular area where the male or female party is a Vietnamese citizen shall register the marriage between Vietnamese citizens residing abroad together or with a foreigner. In case of marriage registration between a Vietnamese citizen and a foreigner, such marriage registration must not be contrary to the laws of the host country.
Thus, according to the above regulations, the registration of overseas marriages between Vietnamese citizens permanently or temporarily residing abroad shall be carried out at the diplomatic missions in the consular areas where the parties are located.
Review and settle the request for marriage registration abroad
Within 10 working days from the date of receipt of a complete and valid dossier; the consular officer will study and verify the application.
If the dossier is complete and valid, and the verification and verification results show that the marriage registrants fully meet the conditions for marriage as prescribed by law, the consular officer shall report it to the head of the representative mission for signature.
Within 03 working days from the date on which the head of the representative agency signs the marriage certificate, the representative agency shall hand over the marriage certificate to the two parties.
When registering a marriage, both male and female parties must be present at the representative office.
The consular officer consults both parties. If the parties both give consent, the marriage will be in the marriage register. Both male and female parties must sign the marriage certificate and the marriage registration book.
In case one or both parties cannot be present to receive the marriage certificate according to the notification of the representative mission, they must make a written request for an extension of the time period for the organization to grant the marriage certificate.
The extension period shall not exceed 60 days from the date on which the head of the representative mission signs the marriage certificate.
After 60 days, if the male and female parties do not come to receive the marriage certificate; the consular officer shall report to the head of the representative mission to cancel the signed marriage certificate.
If after that, both the male and female parties still want to get married, then proceed with the marriage registration procedure from the beginning.