After decades of economic reform, opening up for integration and development, Vietnam has had many generations of families and skilled workers migrate from Vietnam to Taiwan to live and work. This greatly contributes to creating identity diversity, as well as stimulating a big trend in marriage between Vietnamese citizens and Taiwanese citizens. When getting married with Taiwanese, In addition to complying with the laws of your country, you also need to comply with the provisions of Vietnamese law. So about the matter “Marriage with a Taiwanese under Vietnam law” Let’s find out with LSX in the article below.
- Civil Status Law 2014
- Law on Marriage & Family 2014
Conditions for marriage registration with Taiwanese in Vietnam
Conditions for place of marriage registration
According to Article 37 of the Law on Civil Status 2014, if a Taiwanese citizen wants to register his marriage with a Vietnamese citizen, he or she can only register at the People’s Committee of the district where the Vietnamese citizen resides.
In case a Taiwanese citizen is living, working, meeting in Vietnam but has a permanent residence card or registers temporary residence in Vietnam, the two parties can actively choose one of the two district-level People’s Committees in Vietnam. each party resides to carry out legal procedures for marriage registration with a Taiwanese in Vietnam.
In case Vietnamese citizens go abroad to work, study, work, work, settle down or live in Taiwan, if they want to register their marriage with a Taiwanese, they must return to Vietnam. to register the marriage at the respective district/district People’s Committee.
This is also a unique feature, which is extremely characteristic that Vietnamese citizens need to pay attention to when marrying a Taiwanese because in most cases of marriage between Vietnamese and citizens in other countries, the The couple has the right to choose to register their marriage at the competent authority in the foreign citizen’s country.
Conditions for compliance with the laws of both Vietnam and Taiwan
In general, in a marriage between a Vietnamese and any foreigner (including Taiwanese), each party is obliged to abide by the laws of its own country. Specifically in Article 126 of the Law on Marriage & Family 2014.
In addition, according to Article 8 of the Law on Marriage & Family 2014, both men and women must simultaneously satisfy the following conditions before they can proceed with the procedure for marriage registration with a Taiwanese in Vietnam:
Readers should also note that from May 24, 2019, the Taiwanese government officially recognized and legalized marriage between people of the same sex. However, the Government of Vietnam does not prohibit but also does not recognize this marriage relationship.
Therefore, same-sex marriage between Vietnamese citizens and Taiwanese citizens is still not recognized by the State of Vietnam.
Not falling into cases where marriage is prohibited in Vietnam
In addition, the marriage between a Vietnamese citizen and a Taiwanese citizen also needs to ensure that they do not fall into the cases where marriage is prohibited as prescribed by Vietnamese law as follows:
1. Taking advantage of marriage (false marriage) to gain naturalization in Taiwan or in Vietnam;
2. Fake divorce for personal gain.
3. Child marriage, Coercion, deception or Obstruction of marriage.
4. A married person who lives or marries as husband and wife with another person or unmarried but marries or cohabits as husband and wife with another married person.
5. Marriage between people of the same bloodline, incest, etc..
Marriage with a Taiwanese under Vietnam law
What documents are required to marry a Taiwanese?
In order for the marriage to be guaranteed legally and grounded, both parties need to prepare sufficient documents for the process to take place smoothly and quickly.
Documents prepared by both sides
Both sides need to prepare:
Marriage registration form according to the prescribed form (attached with 4×6 photos of both parties).
Certificate of medical organization, valid for less than 6 months from the date of receiving the dossier. Confirm that both parties have not lost their awareness and are still in control of their behavior.
If ever married and divorced, you must provide a divorce decree.
If the husband or wife is deceased, an additional death certificate is required.
– With Vietnamese people
For Vietnamese, you need:
Notarized copy of national identity card or passport.
Copy of household registration book.
Application to prove single status.
– With Taiwanese people
For Taiwanese citizens, it is necessary to prepare:
Copy of the identity card of the involved party.
Copy of passport, entry visa to Vietnam or residence card of Taiwan.
Certificate of singleness and marriage certificate.
What is the procedure for getting married with a Taiwanese in Vietnam?
The two sides need to carry out the procedures to apply for a confirmation of singleness at the Taipei Economic and Cultural Office in Vietnam to complete the marriage procedure with a Taiwanese.
Apply for a certificate of singleness for Taiwanese citizens
To get a certificate, you need to prepare:
Completely fill out the application form for single certificate.
Taiwan’s certificate of singleness (valid for 3 months), copy of household registration book, if remarried, a divorce decision is required, if the husband or wife has died, submit the original and a copy of the original death certificate.
Original and photocopy of passport, visa of Taiwanese.
2 4×6 photos.
Certificate of marital status of Vietnam original and copy, if remarried, need to add divorce decision, if husband or wife has died, submit more original and copy of death certificate.
Original and copy of citizen identification, household registration book, birth certificate, passport of the Vietnamese.
Both parties fill in the form with their personal information.
Interview before being issued a certificate of singleness
Before receiving the certificate of being single, the two parties will be interviewed:
The Taipei Economic and Cultural Office in Vietnam interviewed the two sides about the purpose of marriage and the current situation.
During the interview, the two sides actively provided evidence that this marriage relationship took place completely naturally.
When detecting signs of suspecting that this marriage is fake or illegal, the office will send a dispatch to the Immigration Department requesting an investigation as well as delaying the processing time.
The results of the investigation will be the basis for the review office to whether or not to provide a certificate of kinship for the purpose of marriage to Taiwanese.
Register your marriage at a competent authority in Vietnam
After completing the legalization of the marriage registration papers issued by the Taiwanese government, the two parties submit their documents at the Justice Department where the Vietnamese litigants register their permanent residence. When coming to receive the marriage registration certificate, both parties are required to be present to sign the book together.
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- Application for marriage registration
- Foreigners in the company’s name in Vietnam
- Company involving foreign elements in Vietnam
Frequently asked questions
According to the provisions of Vietnamese law (Clause 1, Article 31 of Decree 123/2015/ND-CP and Article 32 of Decree 123), the total time to process marriage registration procedures between Vietnamese and foreigners at Vietnam will take about 13 working days, if all documents are valid and there are no interruption events.
10 working days from the date of receipt of a complete and valid dossier for the Justice Department under the district-level People’s Committee to conduct research, verify the dossier and verify if necessary, and report to the Chairman of the People’s Committee to sign the marriage certificate. if eligible.
03 working days from the date the Chairman of the district-level People’s Committee signs the marriage certificate for the Justice Department to organize the awarding of the marriage certificate to the two parties.
However, in fact, depending on each case, the time to register a foreigner’s marriage may be different.
The marriage with a foreigner (or according to the law called Marriage with foreign elements) is clearly and specifically regulated in the Law on Marriage and Family 2014.
In particular, Article 126 of this Law states:
When a foreigner or a Vietnamese person gets married, each party must comply with their country’s law on marriage conditions.
When getting married at a competent State agency of Vietnam, foreigners must comply with the regulations on marriage conditions stated in the Law on Marriage and Family.
Foreigners permanently residing in Vietnam and getting married at a competent Vietnamese agency must also meet the marriage conditions of this Law.
So, what are the conditions for marriage of a foreigner to a Vietnamese at a Vietnamese competent authority, let’s find out more.
According to the provisions at point c, clause 2, Article 5 of Circular 85/2019/TT-BTC, the fee for marriage registration with a foreigner at the district-level People’s Committee is decided by the provincial-level People’s Council.
Thus, the fee level for marriage registration with a foreigner is not uniformly regulated, the fee level of each locality may be different. Normally, the fee for marriage registration with a foreigner ranges from 1,000,000 VND to 1,500,000 VND.