Regulations on Party members marry foreigners in Vietnam

Party members are those who belong to the ranks of the Communist Party. Throughout the process of operation, Party members must abide by the provisions of the party’s charter and state policies. Party members, in addition to complying with the law, are also under the management of the Party’s Charter and related documents. One of them is getting married to a foreigner. So about the matter “Regulations on Party members marry foreigners in Vietnam” Let’s find out with LSX in the article below.

Legal grounds

• Law on marriage and family 2014

What is a party member?

Party members are revolutionary soldiers in the vanguard of the working class, the working people and the Vietnamese nation. They spend their whole lives striving for the Party’s goals and ideals. Party members put the interests of the Fatherland, the working class and the working people above personal interests; at the same time, strictly abide by the political platform, the Party’s charter, the Party’s resolutions and the State’s laws. Party members have labor and well complete the assigned tasks; have morals and a healthy lifestyle; they are closely associated with the people; serve each organization and discipline of the Party and maintain unity and unity within the Party.

Vietnamese citizens aged 18 years or older; acknowledge and voluntarily implement the political platform, the Party’s charter, standards and duties of party members, and operate in the same grassroots party organization; Through the practice of proving that they are excellent people, they are trusted by the people and can be considered for admission to the Party.

Regulations on Party members marry foreigners in Vietnam

According to the Party member’s regulations on marriage to a foreigner in Regulation No. 102-QD/TW on disciplining Party members who violate, cases where Party members violate regulations on marriage with foreigners is specified as follows:

1. Party members who violate one of the following circumstances, causing less serious consequences, shall be disciplined in the form of reprimand:

a) Having a child married to a foreigner or Vietnamese residing abroad without truthfully reporting in writing to the branch or standing committee of the management committee about the background and political attitude of the seal; (or son-in-law) and their biological father and mother.

b) Knowing but letting the child marry a foreigner violates the law on marriage and family in Vietnam.

2. In case a violation has been disciplined according to the provisions of Clause 1 of this Article but recidivism or first violation causes serious consequences or commits one of the following cases, the discipline shall be in the form of a warning: or dismiss (if there is a position):

a) Having a wife (husband) who is a foreigner, a Vietnamese residing abroad or married to a foreigner, or a Vietnamese residing abroad but fails to report to the direct management committee and the executive committee. where I live.

b) Knowing that without taking measures to prevent the child from marrying a foreigner or overseas Vietnamese, acts against the Party and the State.

c) There is an act of forcing the child to marry a foreigner or overseas Vietnamese for self-seeking purposes.

d) Brokering marriage between Vietnamese and foreigners contrary to the provisions of Vietnamese law.

3. In case a violation has been handled according to the provisions of Clauses 1 and 2 of this Article, causing very serious consequences or violating one of the following cases, the discipline shall be in the form of expulsion:

a) Intentionally marrying a foreigner or Vietnamese residing abroad who is not eligible for marriage as prescribed by Vietnamese law.

b) Marrying a foreigner or Vietnamese residing abroad knowing that such person has committed serious criminal activities, has attitudes or activities against the Party or State.

c) Marrying a foreigner or Vietnamese residing abroad without reporting in writing to the branch about that person’s background, or having reported but the competent party organization disagrees but still intentionally performed.

d) Deliberately concealing the party organization; forcing their children to marry foreigners or Vietnamese residing abroad contrary to the Party’s regulations and the State’s laws.

According to the above, there is currently no specific regulation prohibiting Party members from marrying foreigners.

At the same time, on the issue of marriage with a foreigner, one of the basic principles of the marriage and family regime stated in Article 2 of this Law includes: voluntary, progressive, monogamous, monogamous , husband and wife equality; marriages between Vietnamese citizens and foreigners are respected and protected by law

Thus, in the Party’s Charter and guiding documents, there are no provisions prohibiting Party members from marrying foreigners. Therefore, if the conditions prescribed by the Law on Marriage and Family are satisfied, Party members may marry foreigners. However, it must still be noted that, when you want to marry a foreigner, you must report to the branch or standing committee of your management committee, especially when you want to settle abroad or give up your Vietnamese nationality to follow the law. the nationality of the husband/wife is a foreigner.

What conditions do Party members need to meet in order to marry a foreigner?

Pursuant to the provisions of the Law on Marriage and Family 2014 and Regulation 102-QD/TW of 2017, a citizen who is a Party member married to a foreigner needs to meet some of the following conditions:

For Party members

Vietnamese people need to meet the conditions of marriage according to Vietnamese law.

According to the provisions of Clause 1, Article 8 of the Law on Marriage and Family 2014 on marriage conditions:

Men and women getting married must comply with the following conditions:

a) Men aged full 20 years or older, women aged full 18 years or older;

b) The marriage is voluntarily decided by the man and the woman;

c) No loss of civil act capacity;

d) The marriage does not fall into one of the cases where marriage is prohibited as prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

For foreigners

A foreigner must be a person who fully meets the conditions for marriage in accordance with the law of Vietnam and the law of the country where he or she holds the nationality.

Specific conditions such as age, willpower, subject capacity and not falling into the cases where marriage is prohibited according to the above provisions.

+ Foreigners who are not subject to serious criminal activities, have attitudes or activities against the Party and State and against the policies and laws of the Socialist Republic of Vietnam.

+ The fact that a Party member marries a foreigner should be reported in writing to the Party cell where the Party member lives on the background of the foreigner and the Party’s consent to such marriage must be confirmed.

What documents do Party members need to prepare to get married to a foreigner?

Documents for Party members to register their marriage with a foreigner include the following documents:

 Marriage registration declaration according to the prescribed form;

 A certificate of health status of each party, issued by a competent medical organization within 06 months from the date of receipt of the application, certifying that the person currently does not have a mental illness or does not suffer from another disease. be able to perceive and control their own behavior;

The certificate of marital status of each party, issued by the competent authority of the country of which the marriage applicant is a citizen, has not been older than 6 months, up to the date of receipt of the dossier, confirming that the involved party is a non-citizen. married or unmarried;

 Copy of household registration book or certificate of collective population or certificate of temporary residence registration (for Vietnamese citizens in the country), permanent residence card or temporary residence card or certificate of temporary residence (for foreign citizens);

 Copy of identity card (for Vietnamese citizens in the country), passport or alternative documents such as passport or residence card (for foreign citizens);

 Family history or household registration book of foreign citizens;

 The Party Committee’s written consent on the Party member’s marriage to a foreigner.

Note: Documents that need consular legalization include:

 Certificate of marital status issued by a foreign competent authority;

 Certificate of certification issued by a competent medical organization in a foreign country;

 A copy of the passport of a foreign citizen;

 Family history or household registration book of foreign citizens.

Regulations on procedures for Party members to marry foreigners

Step 1: Submit the application at the competent authority

Citizens must submit dossiers at the Justice Department of the district-level People’s Committee where the Vietnamese citizen resides.

Step 2: Settlement of records

Within 15 days from the date of receipt of all documents, civil status officers shall verify that if they find that they are eligible for marriage as prescribed by law, the Justice Division shall report to the Chairman of the Human Resources Committee to solve.

Within 3 working days from the date on which the President of the district-level People’s Committee signs the marriage certificate, the Justice Division shall hand over the marriage certificate to the two parties.

In case one or both male and female parties cannot be present to receive the marriage certificate, at their written request, the Justice Division shall extend the time limit for granting the marriage certificate but not exceeding 60 days, counting from the date of receipt of the marriage certificate from the date the President of the district-level People’s Committee signs the marriage certificate.

After 60 days, if the man and woman do not come to receive the marriage certificate, the Justice Division shall report to the President of the district-level People’s Committee to cancel the signed marriage certificate.

If the two parties still want to get married after that, they must carry out the marriage registration procedure from the beginning.

Services of LSX

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.

Please contact us immediately if you have any questions about “Regulations on Party members marry foreigners in Vietnam”

Contact LSX

The above article has provided detailed information related to the issue “Regulations on Party members marry foreigners in Vietnam”. LSX Law firm is proud to be a leading legal consulting company, with the mission of bringing lawyers to your fingertips. We will support and answer legal issues for you quickly, efficiently and reliably. If you have any questions about the law, please get in touch with us via hotline: +84846175333 or Email: [email protected]

Please see more

• Children of Party members in Vietnam marry a foreigner
• Regulations on marriage with foreigners in Vietnam
• Proving separate property before marriage under Vietnam law

Frequently asked questions

Conclusion: So the above is Regulations on Party members marry 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