Legal Advice on Marriage with Foreigners. In recent years, thanks to the State’s open-door integration policy; in addition to the development of the process of international exchange and integration; Marriage relations between Vietnamese citizens and foreigners are becoming more and more popular. Let us learn about this topic with LSX law firm as follow:
What is the Law on Marriage with a Foreigner?
Marriage with a foreigner is one of the cases of marriage with foreign elements; according to the provisions of Vietnamese law. In general, marriage with a foreigner is when a Vietnamese citizen male/female establishes a husband and wife relationship; in accordance with the law on marriage conditions and marriage registration with a stateless person; or a person holding the nationality of a country other than Vietnam.
Conditions to get married with foreigners in Vietnam. Legal advice on marriage with a foreigner is a legal service that LSX Law Firm provides; including consulting and solving problems about marriage with a foreigner at the request of the client.
Legal advice on marriage with foreigners on marriage conditions under mutual legal assistance agreements signed by Vietnam
In general, the mutual legal assistance agreements between Vietnam and other countries regulate the conditions for marriage with foreigners; applying the same nationality principle. According to this principle; the conditions for marriage are governed by the Law of the parties to the marriage with nationalities.
In addition, the principle of applying the law on marriage conditions of the country; where the marriage takes place is also recognized by other countries in consulting the law on marriage with foreigners on marriage conditions.
Advice on Regulations on Marriage Etiquette with Foreigners
The marriage rite is the formal marriage procedure; to legally recognize the husband and wife relationship between the two parties. Vietnam is a civilized country. With this rite, the two parties who want to register for a marriage will go to the competent state agency for marriage registration; after that, if the legal marriage conditions are full; the competent state agency will record in the marriage registration book and issue a marriage registration certificate to the couple. Some other countries follow religious rites such as Christianity or Islam, which are conducted according to the provisions of Taoism. There are also countries that combine both rituals such as England, Germany, France, America, etc.
Clause 1, Article 9 of the Law on Marriage and Family 2014; stipulates that any marriage ceremony between a Vietnamese citizen and a foreigner; regardless of religion, if performed in the territory of Vietnam, must comply with Vietnamese law. In case of marriage abroad, the Vietnamese diplomatic or consular office in the place of direct residence of the Vietnamese citizen shall register the marriage between a Vietnamese citizen and a foreigner residing in that country. The marriage registration ceremony with a foreigner is; solemnly held at the head office of the representative agency. When organizing, it is necessary to have one side of a man and a woman to get married.
Advice on the Authority to settle the registration of marriage with a foreigner
Legal advice on marriage with a foreigner on registration at a competent state agency in Vietnam
Consultancy service on marriage procedures with Vietnamese. Compared with the civil status law, agencies competent to conduct marriage registration for Vietnamese citizens with foreigners include:
– Powers of commune-level People’s Committees:
Commune-level People’s Committees in border areas shall register marriages between Vietnamese citizens permanently residing in that commune; and foreigners who are citizens of a neighboring country permanently residing in an administrative unit equivalent to the commune level of Vietnam adjacent to the commune in the border area of Vietnam where the Vietnamese citizen permanently resides.
– Competence of the People’s Committee of the district: the People’s Committee of the district where the Vietnamese citizen resides shall register the marriage between a Vietnamese citizen and a foreigner.
Legal advice on marriage with a foreigner on registration at a Vietnamese representative office abroad
According to the provisions of the Law on Civil Status 2014, the representative agency registers civil status affairs for Vietnamese citizens residing abroad; if such registration is not contrary to the provisions of the law of the receiving country and an international treaty to which Vietnam is a contracting party.
Legal advice on marriage with a foreigner on registration at a competent foreign state agency in that country
In case citizens do not register at a competent Vietnamese agency, they must register at a foreign competent agency abroad. In this case, the Vietnamese citizen requests the commune-level People’s Committee of his/her permanent residence; issue a certificate of marital status to carry out marriage procedures with a foreigner at a foreign competent agency abroad. After the marriage registration in a foreign country, legally the two parties have a husband and wife relationship abroad; but the marriage registration to be recognized in Vietnam must be noted the marriage with a foreigner at the competent authority in Vietnam. To do this, the parties must comply with the conditions and marriage rites in accordance with Vietnamese regulations.
Finally, hope this article about Legal advice on marriage with foreigners is helpful for you!
Accordingly, after 15 working days from the date of receipt of complete documents, individuals requesting marriage registration will receive a marriage certificate.
Both men and women must be present when receiving the marriage registration certificate to carry out the procedures to sign the marriage certificate and civil status book.