Korea and Vietnam have cooperated in many fields in recent years. The open socio-political regime has created favorable conditions for citizens of the two countries to promote cultural and economic exchanges. In that context, many Vietnamese – Korean couples get married. However, differences in nationality lead to conflicts of law. This conflict of marriage laws may make it difficult for citizens of the two countries to carry out the necessary procedures. In this article, LSX legal firm introduces to you our service on: “Marriage for Korean in Vietnam”
- Law on Marriage and Family 2014
- Law on Civil Status 2014
Marriage in Private International Law
Marriage and family relations that are subject to regulations of international law are marriage and family relations with foreign elements. Countries around the world have different views on “foreign elements” regarding marriage and family relations. In Vietnam, Clause 25, Article 3 of the Law on Marriage and Family 2014 provides a definition on “foreign elements” regarding marriage as follows:
“25. 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 a foreign law, or that relation arises abroad or the property related to that relation is located abroad.”
Conditions on marriage involving foreign elements
The strengthening and expansion of cooperative relationships between Vietnam and other countries have resulted in an increasing number of marriages with foreign elements. To govern this issue, Vietnamese authorities have promulgated legal documents with provisions defining marriage conditions and marriage rites involving foreign elements. In addition, the issue of marriage also resolved on the basis of mutual judicial assistance agreements to which Vietnam is a signatory.
Conditions for marriage between Vietnamese citizens and foreigners
Article 126 of the Law on Marriage and Family 2014:
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.
Thus, the basic principle for resolving legal conflicts about marriage conditions is the principle of the law on nationality of the involved parties (Lex nationalis or Lex patriae – Law of countries in which parties are citizens).
When marrying a Vietnamese, a foreigner must comply with the regulations on marriage conditions according to the law of the country he or she holds nationality. If that person has two or more foreign nationalities, the documents determining his or her marriage conditions will comply with the law of the country that he has both nationality and permanent residence at the time of marriage registration. If that person does not reside permanently in one of the countries of nationality, the competent authority of the country in which he or she holds the passport shall issue the documents.
Marriage conditions for foreigners permanently residing in Vietnam
Clause 2, Article 126 of the Law on Marriage and Family stipulates that the marriage between foreigners permanently residing in Vietnam at a competent Vietnamese agency must comply with the provisions of this Law on marriage conditions.
Thus, the foreigners carrying out marriage registration procedures in Vietnam must satisfy Vietnamese Law on marriage conditions.
Conditions for marriage between Vietnamese citizens and citizens of countries that have signed mutual judicial assistance agreements
The provisions of the agreements will determine the conditions for marriage between Vietnamese citizens and citizens of countries that have signed mutual judicial assistance agreements. Generally, the agreements apply the principle of nationality law (Lex nationalis) of the parties to the adjustment of issues related to marriage conditions.
Each country in the world has different legal regulations on marriage rites – civil marriage rites, religious rites or a combination of both.
For example, religious rites are used in Christian and Muslim countries such as some US states, Israel, Iran, etc. Civil rites or a combination of both are commonly applied in Germany, France, Switzerland, Japan…
In Vietnam, Article 9 of the Law on Marriage and Family stipulates that marriages must be registered and performed by a competent state agency according to the rite of passage of Vietnamese law – a kind of civil ceremony. Therefore, a marriage not registered at a competent state agency has no legal value in Vietnam.
Conditions on enter into marriage for a Korean in Vietnam
Current Korean law stipulates that males over 18 and females over 16 years old may marry with their parents’ or guardians’ consent. Otherwise, South Korea’s age of consent to marriage is 20 in Korean age (19 in international age), and 20 years of age is also the age of consent for sexual activity. When they are over 20 years old, they can freely decide on their marriage.
In case the marriage takes place in Vietnam, with the competent authority of Vietnam, the Korean must simultaneously satisfy the marriage conditions under Korean law and the marriage conditions under Vietnam law.
Article 8. Conditions for getting married (Law on Marriage and Family 2014)
1. A man and a woman wishing to marry each other must satisfy the following conditions:
a /The man is full 20 years or older, the woman is full 18 years or older;
b/ The marriage is voluntarily decided by the man and woman;
c/ The man and woman do not lose the civil act capacity;
d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.
2. The State shall not recognize marriage between persons of the same sex.
Competence to register marriage for Korean in Vietnam
According to Article 7 Clause 1 of the 2014 civil status law, the authority to register marriage and family events with foreign elements belongs to the District-level People’s Committee.
Carry out marriage registration procedures at the People’s Committee of the district where the Vietnamese citizen resides in the following case:
- Firstly, between Vietnamese citizens and Koreans.
- Secondly, between Vietnamese citizens residing in Vietnam and Vietnamese citizens residing in Korea.
- Thirdly, between Vietnamese citizens residing in Korea.
- Fourthly, between a Vietnamese citizen who holds Korean nationality and a Vietnamese citizen or Korean.
In case the foreigner who resides in Vietnam requests to register his/her marriage in Vietnam, the People’s Committee of the district where either party resides shall register the marriage (Article 37 of the Law on Civil Status 2014).
Contents of marriage certificates
Article 17 of the Law on Marriage and Family 2014 prescribes the contents of marriage certificates.
A marriage certificate must contain the following information:
- Firstly, family name, middle name, and first name; birthdate; ethnicity; citizenship; place of residence; information about personal identity papers of male and female partners.
- Secondly, the date of marriage registration.
- Thirdly, signatures or fingerprints of male and female partners and certification of the civil status registration agency.
Legal service of LSX Legal Firm on entering into marriage with a Korean
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.
This article contains information about “Marriage for Korean 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: firstname.lastname@example.org
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Frequently asked questions
Under the Law on Civil Status 2014 of Vietnam, papers granted, notarized or certified by competent foreign agencies for civil status registration in Vietnam shall be consular legalized in accordance with law, unless they are exempted under a treaty to which Vietnam is a contracting party.
District-level People’s Committees where the Vietnamese citizens are residing have the right to record in the civil status book the marriage already settled at competent foreign agencies.
The marriage between Vietnamese persons together or between Vietnamese and Korean settled at competent foreign agencies in a foreign country shall be recorded in the civil status book if, at the time of marriage, the parties have fully satisfied the conditions for marriage and do not violate the prohibition under the provisions of the Law on Marriage and Family of Vietnam.