Currently, the trend of internationalization and racial diversification in marriage is becoming more and more common in life, especially when our country is in the process of integration and extensive development in the international market. Since then, the concept of “marriage registration with a foreigner” is no longer a new thing for many Vietnamese. So about the matter “Steps to register a marriage with a foreigner in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Law on Marriage and Family 2014
- Decree 123/2015/ND-CP,
Is marriage to a foreigner protected by law?
Firstly, Nam Viet Law is pleased to inform you that the law of the Socialist Republic of Vietnam always respects and protects all marriage and family relationships, even if it is a marriage involving foreign elements. In addition, it is still respected and protected by the law.
Specifically, it is stipulated in Clause 1, Article 121 of the currently applied Law on Marriage and Family 2014 as follows:
In the Socialist Republic of Vietnam, marriage and family relations with foreign elements are respected and protected in accordance with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member. Vietnamism is a member.
In addition, marriage with a foreigner is also defined in Article 3 – Law on Marriage and Family 2014 as follows:
Marriage and family relations with foreign elements are marriage and family relations in which at least one party is a foreigner or a Vietnamese residing abroad; Or the marriage and family relationship between the participants who are Vietnamese citizens, but the grounds for establishing, changing or terminating such relationship are according to foreign laws, arising abroad or property related to such relationship. that relationship abroad.
Summary:
Marriage with a foreigner in Vietnam is completely legal, respected by the law and absolutely protected by all rights and interests of the parties just like a traditional marriage.
Steps to register a marriage with a foreigner in Vietnam
Step 1: Check marriage conditions
The following conditions must be met to consider preparing a marriage registration dossier:
1. Men aged full 20 years or older, women aged full 18 years or older.
2. The marriage is voluntarily decided by the man and the woman.
3. Not losing the capacity for civil acts.
4. The marriage does not fall into one of the following cases where marriage is prohibited:
– Fake marriage, fake divorce.
– Child marriage, forced marriage, cheating on marriage, obstructing marriage.
– A married person who marries or lives together as husband and wife with another person, or is unmarried or unmarried but marries or cohabits as husband and wife with a married person.
– Marrying or living together as husband and wife between people of the same direct bloodline; among people with surnames within three generations; between adoptive parents and adopted children; between a person who used to be a father, an adoptive mother with an adopted child, a father-in-law with a daughter-in-law, a mother-in-law with a son-in-law, a stepfather with a step-child of a wife, a stepmother with a step-son of a husband.
Step 2: Prepare documents for marriage registration
Include:
1. 01 Marriage registration declaration. (according to the attached form).
2. Papers proving the marital status of Vietnamese and foreigners.
Notes for documents proving the marital status of foreigners:
Usually this certificate is issued by a foreign competent authority, and this document must be valid to confirm that the person currently does not have a spouse.
If this certificate is not granted, it shall be replaced with a document issued by a foreign competent authority certifying that the person is eligible for marriage in accordance with the laws of that country.
If the certificate of marital status of a foreigner does not have an expiry date, it is only valid for 6 months from the date of issue.
– A written certification from a competent Vietnamese and foreign medical organization that the person does not have a mental illness or another disease without the ability to perceive and control his or her behavior.
Note: If the certification of this medical facility has no time limit, it is only valid for 6 months from the date of issue.
3. Copy of Vietnamese ID card or citizen identification card.
4. Copy of passport or valid document in lieu of passport.
In case foreigners do not have a passport to present upon request, they can present an international travel document or a residence card.
Note: If the married party is a Vietnamese citizen who has divorced or annulled the marriage at a foreign competent authority, a copy of the civil status extract is also required to record the divorce or marriage annulment. .
If they are civil servants, public employees or people serving in the armed forces, they must submit a document from the management agency or unit certifying that the marriage to a foreigner is not contrary to the regulations of that branch.
After preparing all the above documents, proceed to submit the application for registration Step
Step 3: Submit application for marriage registration with a foreigner
Location: at the Justice Department under the People’s Committee of the district.
Step 4: Process the application for marriage registration
Time limit: 10 working days after receiving a complete and valid dossier, the Justice Department will study, verify the dossier and verify if necessary.
Step 5: The Chairman of the District People’s Committee signs the Marriage Certificate
– The Justice Department reports to the Chairman of the district-level People’s Committee to sign 02 originals of the marriage certificate.
(Based on the specific situation, if necessary, the Ministry of Justice shall report to the Prime Minister to supplement the interview procedure when handling the request for marriage registration in order to ensure the legitimate rights and interests of the parties and the effective management of the marriage registration process. State Administration)
Step 6: Giving Marriage Certificate
Time limit: 03 working days, from the date the Chairman of the district-level People’s Committee signs the marriage certificate, the Justice Division shall hand over the marriage certificate to the two parties.
The handing over of this paper must be present on both sides, male and female. Civil status civil servants consult both men and women. If the parties voluntarily get married, record the marriage in the civil status book, and both men and women sign in the civil status book.
Both men and women sign the Marriage Certificate.
The marriage certificate is valid from the date it is recorded in the book and given to the parties.
Some note:
1. If one of the two parties cannot be present at the same time to receive the marriage certificate, they may request the Justice Department to extend the time for awarding but not exceeding 60 days from the date the Chairman of the district-level People’s Committee signs the marriage certificate.
If after 60 days does not come, the Justice Department shall report to the Chairman of the district-level People’s Committee to cancel the signed marriage certificate. After that, if both men and women want to register their marriage, they must carry out the same procedures as the original.
2. If the district-level People’s Committee refuses to register the marriage, the Justice Department shall notify in writing clearly stating the reason for the two parties.
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Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Steps to register a marriage with a foreigner in Vietnam” At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]
Please see more
- How to handle child marriage in Vietnam?
- What documents do you need to marry a foreigner in Vietnam?
- Proving separate property before marriage under Vietnam law
Frequently asked questions
District People’s Committee is the competent authority in certifying marriage registration with foreigners from January 1, 2016 based on Article 37- Law on civil status 2014.
Specifically, Article 37- Law on Civil Status 2014 stipulates that in case a foreigner residing in Vietnam requests to submit an application for marriage registration in Vietnam, the foreigner needs to submit the application at The district-level People’s Committee of the place of residence of either spouse is accepted.
Article 16 of the Law on Nationality 24/2008/QH12
Article 36 of the Law on civil status 2014 stipulates procedures for birth registration.
Accordingly, if your child was born in the Vietnamese territory:
• The child will have Vietnamese nationality by default if the parents cannot agree on the choice of nationality for the child at the time of making the birth certificate.
• If you want your child to have a foreign nationality, at the time of birth registration for your child, you and your wife must submit a Form of Agreement on choosing a nationality for your child, certified by a competent state agency in a foreign country. about choosing foreign citizenship for children.
Conclusion: So the above is Steps to register a marriage with a foreigner in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
