In recent years, marriage registration with foreigners in Vietnam has increased sharply, but in terms of procedures, marriage records with foreigners have many differences with domestic marriage registration, to support You will learn about the procedures, documents, and authority to register marriage with a foreigner in Vietnam. So about the matter “Regulations on marriage with foreigners in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Civil Status Law 2014
- Decree No. 123/2015/ND-CP
Regarding the right to choose a country to register a marriage with a foreigner
Because the male and female parties are nationals of different countries and countries, the parties have the right to choose where to register their marriage with a foreigner in Vietnam or abroad. However, in order for the other country or country to recognize the marriage relationship and also to facilitate the application for a marriage visa, the birth registration of children or the settlement of marital disputes, you should proceed with the following procedures: continue to record marriages in the other country. Marriage note is your application to the local government to record your marriage relationship.
Eg:
A Japanese national and a Vietnamese national, you choose a place to register your marriage in Japan first, after completing the marriage registration procedures in accordance with regulations in Japan, you send the marriage certificate. and personal papers of the parties to Vietnam to record the marriage. After taking notes, both Japan and Vietnam acknowledge your marital relationship.
Regulations on marriage with foreigners in Vietnam
About the authority to register marriage with a foreigner in Vietnam
Unlike marriage between people with the same Vietnamese nationality, the People’s Committee of the commune/ward/town where the spouses registered their permanent residence conducts the marriage registration. The authority to register marriages with foreigners is exercised at the People’s Committees of districts/towns where Vietnamese citizens register their permanent residence. In case, because of working or working conditions, that person lives in another locality with long-term temporary residence registration (KT3), then you have the right to choose to register your marriage at the place where you have your household registration or where you live. long-term temporary residence registration.
About the application for marriage registration with a foreigner in Vietnam
If you choose to register your marriage in Vietnam, prepare the following documents:
1. Documents that the Vietnamese party needs to prepare to marry a foreigner:
i) A certificate of marital status issued by the People’s Committee of the commune where the Vietnamese citizen registers his permanent residence, certifying the correct marital status of the applicant and the purpose of using the Certificate of marital status for registration. marry;
(ii) A health examination certificate issued by a competent Vietnamese or foreign medical organization within 6 months, confirming that the marriage registrant does not have a mental illness or other disease that is incapable of awareness and control of their own behavior.
(iii) Copy of ID card or CCCD or Passport
(iv) Copy of household registration book
In addition to the above documents when getting married, if falling into one of the following cases, the Vietnamese party needs to add additional documents:
(v) If the Vietnamese citizen has divorced or annulled the marriage at a foreign competent authority, it must also submit a copy of the extract of the recorded divorce or marriage annulment in accordance with regulations. ;
(vi) If a Vietnamese citizen is currently a civil servant or public employee or is serving in the armed forces, he/she must submit a document from the agency or management unit certifying that his/her marriage to a foreigner is not illegal with industry regulations.
Documents that the foreign party needs to prepare to marry a Vietnamese in Vietnam
(i) A valid document proving that the foreigner’s marital status is issued by a foreign competent authority certifying that he or she is currently unmarried or unmarried; if the foreign country does not issue a certificate of marital status, it shall be replaced with a document issued by a foreign competent authority certifying that the person is eligible for marriage under the law of that country, such as the Oath of Singlehood; Certificate of eligibility for marriage…
Note: If the document proving the marriage status of a foreigner does not have an expiry date, this document is only valid for 6 months from the date of issue.
(ii) A health examination certificate issued by a competent foreign or Vietnamese medical organization within a period of no more than 6 months confirming that the marriage registrant does not have a mental illness or other illness that is incapable of awareness and control of their own behavior.
(iii) Copy of passport or international travel document or residence card of the foreign party, entry visa to Vietnam
(iv) Other documents according to foreign regulations such as: Copy of demographics, Basic certificate….
In addition to the above documents, if the foreigner falls into one of the following cases, additional documents must be added:
(v) If the foreigner has previously registered his marriage with a Vietnamese and now has annulled or divorced at a foreign competent authority, he/she must also submit a copy of the extract of the recorded divorce in the divorce book. marriage or annulment of marriage according to Vietnamese regulations.
Request:
Documents issued by a foreign competent authority for use in marriage registration in Vietnam must be consular legalized in accordance with the law and notarized translated into Vietnamese (except for the exempted under international treaties to which Vietnam is a member).
About the declaration of marriage registration with a foreigner in Vietnam
The parties may declare jointly or separately in the declaration of marriage registration with a foreigner. The parties can download the marriage registration form according to the form below
Download the Declaration of Marriage Registration with a Foreigner here
Thursday: About the procedure for marriage registration with a foreigner in Vietnam
You prepare a complete set of documents as directed and submit to the People’s Committee of the district and district to submit:
Request:
(i) When submitting the application for marriage registration, both parties submit the application directly at the District Justice Office. In case if busy with work, one party can submit a dossier.
(ii) When registering a marriage, both men and women must be present at the headquarters of the People’s Committee, civil status officers shall consult the male and female parties in the civil status book, together with the male and female parties sign in the civil status book. Both male and female parties sign the Marriage Certificate.
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Please see more
- Where to register for marriage with a foreigner in Vietnam?
- Steps to register a marriage with a foreigner in Vietnam
- Proving separate property before marriage under Vietnam law
Frequently asked questions
Marriage with a foreigner is still considered as one of the very complicated procedures that, without advice and support, it is very difficult for Vietnamese and foreign male and female couples to do it themselves.
The legal provisions related to marriage with foreigners are often very general because to apply to marriage with citizens of any country in the world, while each country has its own characteristics. very special about marriage papers. Therefore, without certain understanding, it is very understandable that the couple cannot complete the marriage registration procedure.
• Difficulty in preparing the right documents for marriage registration
Although the Law on Civil Status 2014 has regulations on documents used to register marriage with foreigners, it is not easy to prepare the right and sufficient documents to register a marriage with a foreigner. If you are married to a citizen of a country such as Korea, China, Japan or Taiwan, you can easily find many posts shared by those who have gone before, who have completed the registration of marriage. Kiss to learn and follow instructions.
However, if you are married to citizens of countries where marriage relations with Vietnamese people are not common, it is extremely difficult to find information to prepare properly and with sufficient documents.
In addition, the documents of foreigners are not automatically valid for use in Vietnam, but have to go through a number of more steps, each of which is a complicated administrative procedure. And if not knowledgeable, the fact that they have to go back and forth many times also makes the couple embarrassed.
• Difficulties caused by cadres and civil servants in marriage registration agencies
The current Law on Marriage and Family as well as its guiding documents do not have specific provisions on the concept of marriage with foreign elements, but only provide an explanation of the marriage relationship with foreign elements as follows:
The foreign element in the marriage and family relationship is determined based on signs such as the subject of the relationship at least one party being a foreigner or a Vietnamese citizen residing abroad, two facts Legal is the basis for giving rise to, changing or terminating the marriage and family relationship occurring in a foreign country, the third is property in a foreign country.
With the interpretation of the drawing of a marriage relationship with foreign elements according to the Law on Marriage and Family 2014, it is possible to replace the marriage relationship with foreign elements, including the following relationships. The marriage relationship, the husband-wife relationship involving foreign elements, the alimony relationship involving foreign elements, the guardianship relationship involving foreign elements, and the divorce relationship involving foreign elements.
Conclusion: So the above is Regulations on marriage with foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
