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Time to register a marriage with foreign elements in Vietnam

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Along with the exchange and integration with the world, getting married with foreign elements in Vietnam is no longer a strange and difficult problem. However, not everyone understands all the provisions of the law on marriage procedures and conditions with foreign elements under Vietnamese law. So about the matter “Time to register a marriage with foreign elements in Vietnam” Let’s find out with LSX in the article below.

Legal grounds

  • Law on Marriage and Family 2014
  • Decree 126/2014 ND-CP detailing a number of articles and implementation measures

Conditions for marriage with foreign elements

For a marriage between a Vietnamese citizen and a foreigner:

Each party must comply with its own law on marriage conditions. In case the marriage is conducted at a competent state agency of Vietnam, the foreigner, besides meeting the conditions for marriage according to his/her country’s law, must also satisfy the marriage conditions as prescribed in Vietnamese law.

For marriages between foreigners permanently residing in Vietnam

For marriages between foreigners permanently residing in Vietnam at a competent Vietnamese agency must comply with the marriage conditions prescribed by Vietnamese law.

Dossier for marriage registration with foreign elements

Marriage registration dossiers shall comply with the provisions of Article 30 of Decree 123/2015/ND-CP detailing a number of articles and measures to implement the civil status law. As follows:

Article 30. Marriage registration documents

1. A marriage registration dossier is made according to the provisions of Clause 1, Article 38 of the Law on Civil Status and the following provisions:

a) Both male and female parties may make a joint declaration on marriage registration;

b) Papers proving the marital status of a foreigner are papers issued by a foreign competent authority which are still valid for use certifying that such person is currently unmarried or unmarried; In case 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 laws of that country.

If the document proving the marital status of the foreigner does not have an expiry date, this document and the certification of the medical organization as prescribed in Clause 1, Article 38 of the Law on Civil Status are only valid for 6 months from the date of issue.

2. If a foreigner does not have a passport to present as prescribed in Clause 1, Article 2 of this Decree, he/she may present an international travel document or a residence card.

3. In addition to the papers specified in Clause 1 of this Article, if the married party is a Vietnamese citizen who has divorced or canceled the marriage at a foreign competent authority, a copy of the civil status extract must also be submitted. have recorded in the book the divorce or annulment of the marriage as prescribed in Clause 2, Article 36 of this Decree; if he is a civil servant or public employee or is serving in the armed forces, he/she must submit a document from the management agency or unit certifying that his/her marriage to a foreigner is not contrary to the regulations of that branch.

Procedures for marriage registration with foreign elements

Step 1: Both men and women submit a set of marriage registration documents directly at the Justice Department, if the marriage is registered in Vietnam or the representative agency, if the marriage is registered at the representative office. The profile includes the following documents:

Declaration of marriage registration of each party according to the prescribed form;

Documents confirming marital status. Includes: Certificate of marital status, marriage registration declaration with marital status confirmation; papers proving the marital status of the foreigner issued by a competent authority, an oath certifying that he is currently unmarried or unmarried, a certificate certifying that the person is eligible for marriage issued by the competent authority of the country which the person is a citizen of.

Note: The above documents must be consularly legalized and translated into Vietnamese with the translation notarized or authenticated by the translator’s signature as prescribed by law; must also have an expiration date.

A certificate certifying that such person does not have a mental illness or another disease without the ability to perceive and control his/her behavior;

For Vietnamese citizens who have been divorced at a foreign competent agency, a foreigner who has divorced from a Vietnamese citizen at a foreign competent agency, a written certification must be submitted in the civil status book and the divorce has been settled abroad in accordance with Vietnamese law;

Copy of household registration book or temporary residence book, permanent residence card or temporary residence card or temporary residence certificate;

In addition to the above documents, depending on each case, the parties must submit a number of corresponding documents.

Step 2: The officer receiving the application is responsible for checking the documents in the application. If the application is complete and valid, write a receipt, specify the date of the interview and return the results. In case the dossier is incomplete or invalid, the receiving officer shall guide the male and female sides to supplement and complete. The instructions must be written in writing, which clearly and fully states the types of papers that need to be supplemented and completed; the dossier-receiving officer shall sign, clearly write his/her full name and hand it over to the applicant;

Step 3: Within 10 – 15 working days from the date of receipt of complete and valid dossiers, the Justice Division shall conduct research, verify the dossiers and verify if necessary. The Head of the Justice Division is responsible for the examination results and the Judicial Division’s proposal in handling the marriage registration dossier. If it finds that the marriage conditions are satisfied, the justice department shall report it to the chairperson of the district-level People’s Committee for settlement.

Step 4: When registering marriage, both men and women must be present at the headquarters of the People’s Committee, civil status civil servants consult both parties, if they voluntarily marry, record the marriage in the civil status book and two both parties sign in the civil status book. Both men and women sign the marriage certificate.

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 awarding of the marriage certificate to the two parties.

Time to register a marriage with foreign elements in Vietnam

Clause 25, Article 3 of the Law on Marriage and Family stipulates: “Marriage and family relations with foreign elements are marriage and family relations in which at least one party is a foreigner or a Vietnamese person residing abroad; marriage and family relations between the parties involved are Vietnamese citizens, but the grounds for establishing, changing or terminating such relationship according to foreign laws, arising abroad or property related to the relationship that system in a foreign country”.

Article 22 of Decree 126/2014 ND-CP stipulates the time limit for settling marriage registration:

“1. The time limit for processing marriage registration in Vietnam is not more than 25 days from the date the Department of Justice receives the complete and valid dossiers and fees.

In case the Department of Justice requests the police agency to verify according to the provisions of Clause 2, Article 23 of this Decree, the time limit may be extended for no more than 10 days.

2. The time limit for processing the marriage registration at the representative mission is not more than 20 days from the day on which the representative mission receives a complete and valid dossier and fee.

In case the representative mission requests the domestic agency to verify according to the provisions of Clause 2, Article 25 of this Decree, the time limit may be extended for no more than 35 days.”

Pursuant to the above provisions of law, the time limit for processing marriage registration with foreign elements in Vietnam shall not exceed 25 days from the day on which the Department of Justice receives complete and valid dossiers and fees. In case the Department of Justice requests the police agency to verify, the time limit may be extended for no more than 10 days.

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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.

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Frequently asked questions

What is a marriage with foreign elements?

In the marriage between a Vietnamese citizen and a foreigner, each party must comply with its own law on marriage conditions; if the marriage is conducted at a competent Vietnamese state agency, the foreigner must also comply with the provisions of this Law on marriage conditions.
The marriage between foreigners permanently residing in Vietnam at a competent Vietnamese agency must comply with the provisions of this Law on marriage conditions.

Organization to give marriage certificate?

Within 03 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 to the two parties.
The granting and receiving of marriage certificates shall comply with the provisions of Clause 3, Article 38 of the Law on Civil Status.
The marriage certificate is valid from the date it is recorded in the book and given to the parties as prescribed in this Clause.
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. , 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.

Competence to register marriage with foreign elements?

From January 1, 2016, the authority to register marriages involving foreign elements is exercised by the District People’s Committee. As follows:
Article 34 of the Law on Civil Status provides:
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.
In case a foreigner residing in Vietnam requests marriage registration in Vietnam, the district-level People’s Committee of the place where either party resides shall register the marriage.

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