Hence the marriage rate is increasing, the procedure of marriage registration to foreigners in Vietnam is getting more attention. In this article, LSX will give you information on this topic.
- 2014 Law on Civil Status
- 2014 Law on Marriage and Family
The competent authority for marriage with foreigners registration
Accordingly, on Article 34, Law on Civil State; the People’s Committee of the district where the Vietnamese citizen resides shall register the marriage between a Vietnamese citizen and a foreigner; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens concurrently holding foreign nationality and Vietnamese citizens or foreigners.
Thereby, if a foreigner in Vietnam requests marriage registration in Vietnam; the district-level People’s Committee of the place where either party resides shall register the marriage.
Conditions for marriage with foreign elements
According to Article 126, Law on Marriage and Family, when marrying a Vietnamese citizen, a foreigner must comply with the regulations on marriage conditions according to the country in which he is a citizen. Consequently, if the marriage is conducted at a competent Vietnamese agency, the foreigner must comply with the provisions of Vietnamese law on marriage conditions.
In Vietnam, one could get marry only when he/she surpasses the following conditions.
- Age of marriage: for men must be full 20 years old, women must be full 18 years old.
- The marriage must be based on the voluntary spirit of both parties, voluntarily decided by the man and the woman.
- The two parties to marriage registration must have full civil act capacity and the capacity to decide their own acts.
Dossier for marriage registration with foreigners
Hence the requirement of the Vietnamese government, the regular dossier for marriage registration will contain:
- The marriage registration declaration (made in standard form);
- Affidavit of Single Status
- Certificate of No-marriage Records
- Certificate of Good Mental Health
- Photocopy of the photo and signature pages of the Passport (certified that it is true and exact copy from the original)
- Copy of household registration book or temporary residence book, permanent residence card or temporary residence card or temporary residence certificate
Marriage registration procedure involving foreign elements in Vietnam
Procedure of marriage registration to foreigners in Vietnam will contain the upcoming steps.
Step 1: Summit a dossier of marriage registration
Basically, either one shall submit a dossier of marriage registration documents directly at the Justice Department; if the marriage is registered in Vietnam. On the other hand, if they register the marriage at the representative agency, they can summit right at that location.
Step 2: Pre-examine the dossier
The officer receiving the dossier is responsible for checking the documents in the dossier. if the dossier is complete and valid, then write the application receipt form, clearly stating the date of the interview and returning the results. In case the dossier is incomplete or invalid, the receiving officer will guide the applicant to supplement and complete.
Step 3: File verification
Then, after 10 – 15 working days from the date of receipt of complete and valid dossiers, the Justice Department shall conduct research, verify the dossiers. If it finds that the marriage conditions are satisfied, the justice department shall report to the district-level People’s Committee chairperson for settlement.
Step 4: Sign and receive the marriage certificate
Lastly, after consulting the applicants for their voluntary in marriage they shall record the marriage in the civil status book and both parties sign in the civil status book. Within 3 working days from the date the President of the district-level People’s Committee signs the marriage certificate, the Justice Division shall organize the handing over of the marriage certificate.
Accordingly, foreigners are persons bearing the nationalities of other countries, who are studying, working, living in the Vietnamese territory.
Yes, a member of the Communist Party of Vietnam can marry a foreigner. Hence Article 2, Law on Marriage and Family 2014, marriages between Vietnamese citizens and foreigners are respected and protected by law. Moreover, in the Party Charter and guiding documents, there are no provisions prohibiting Party members from marrying foreigners.
According to the provisions of Circular 85/2019/TT-BTC, the fee for marriage registration will depend on each region.