What are the things to note when marrying a Vietnamese? Let’s find out in this article with LSX Law firm.
What is a foreigner?
Pursuant to the provisions of Clause 2, Article 3 of Decree No. 138/2006/ND-CP dated November 15, 2006, foreigners include persons with foreign nationality and persons without Vietnamese nationality. nationality,
Besides the provisions in Clauses 1 and 2, Article 3 of the Law on Vietnamese Nationality 2008 provides:
- Foreign nationality means a nationality of another country that is not Vietnamese.
- Stateless person is a person who has neither Vietnamese nationality nor foreign nationality.
Therefore, a foreigner is a person with a nationality other than Vietnamese or a person with no nationality.
What are the things to note when marrying Vietnamese?
What is marriage?
– According to Clause 5, Article 3 of the Law on Marriage and Family 2014, marriage is when a man and woman establish a husband and wife relationship with each other according to the provisions of this Law on marriage conditions and marriage registration.
– Thus, marriage is a legal event giving rise to a marital relationship. The male and female parties must fully comply with the marriage conditions prescribed by the Law on Marriage and Family. And must register their marriage at a competent marriage registration agency in order for such marriage to be valid. After that, a new legal relationship between the two parties arises
– Marriage is the foundation of building a family; the foundation for forming and ensuring marriage and family relations such as husband and wife relationship, parent-child relationship.
What are the other things to note when marrying Vietnamese? Let’s find out in the next section!
What is marriage and family relationships with foreign elements?
– “foreign elements” in marriage and family relations are in both the Law on Marriage and Family 2014, And Civil Code 2015. Accordingly, Article 3, Clause 25 of the Law on Marriage and Family 2014 clearly defines marriage and family relations with foreign elements as marriage and family relations in which at least one party is a foreigner, or an overseas Vietnamese; or the marriage and family relationship between the participants who are citizens of Vietnam; but the grounds for establishing change or termination of such relationship in accordance with foreign law arise in Vietnam.
Things to note about conditions when marrying Vietnamese
– The Socialist Republic of Vietnam respects and protects marriage and family relations with foreign elements in accordance with the provisions of Vietnamese law and treaties. international law to which the Socialist Republic of Vietnam is a member under Clause 1, Article 121 of the Law on Marriage and Family 2014 currently applied. The subject’s marriage conditions have two aspects: the age of marriage and the conditions for prohibiting marriage.
According to the provisions of Article 126 of the Law on Marriage and Family 2014:
+ In the marriage between a Vietnamese citizen and a foreigner. Each party must comply with its own laws on marriage. marriage conditions; if they register the marriage at a competent Vietnamese state agency; the foreigner must also comply with the provisions of this Law on marriage conditions.
+ Foreigners permanently residing in Vietnam getting married to a Vietnamese at a competent Vietnamese agency must take note to comply with the provisions of this Law on marriage conditions.
Competence to settle when marrying a Vietnamese
– The People’s Committee of the district where a Vietnamese citizen resides shall register the marriage between a Vietnamese citizen and a foreigner…
In case a foreigner residing in Vietnam requests to register his marriage in Vietnam, the People’s Committee of the district where either party resides shall register his/her marriage. (specified in Article 37 of Law on civil status 2014)
– People’s Committees of communes in border areas shall register marriages between Vietnamese citizens permanently residing in that commune and citizens of neighboring countries permanently residing in that commune. administrative unit equivalent to the commune level of Vietnam adjacent to the commune in the border area of Vietnam where the Vietnamese citizen permanently resides. (Article 18 Civil status Law 2014)
– The representative office in the consular area where the male or female party is a Vietnamese citizen shall register the marriage between Vietnamese citizens residing abroad. or with foreigners. (Article 7 Joint Circular 02/2016/TTLT-BNG-BTP)
Rights and obligations of spouses marrying Vietnamese
– Rights and obligations of husband and wife in marriage can be divided into 2 groups Basic rights are personal rights and obligations and property rights and obligations. Specifically, it is regulated as follows:
+ Personal rights and obligations are specified in Articles 17, 18, 19, 20, 21, 22, 23 of the Law on Marriage and Family 2014 on equality in rights and obligations between wife, husband, husband and wife, respect for honor, dignity, reputation of husband and wife, respect for freedom of belief and religion of husband and wife, rights, obligations to study, work, participate in political, economic, cultural and social activities
+ The husband and wife’s common property obligations in marriage are specified in Article 37 Law on Marriage and Family 2014
Things to note when marrying a Vietnamese
– When a foreigner marrying a Vietnamese, it is necessary to prepare all documents and documents in accordance with the law. Submit the correct application to the competent authority. The application must be legally qualified. In addition, marriage with a foreigner has certain difficulties and limitations in terms of cultural and language disagreements. Therefore, marriage must be understood by husband and wife and must ensure the principles of voluntariness, equality, and progress according to the Law on Marriage and Family.
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