Hello Lawyer, Recently, I have known a Korean friend. After a while, we decided to get married. Currently, I have a permanent residence in My Loc commune, Phu My district, Binh Dinh province; My fiancé is also living and working here. Can a lawyer advise me, in this case, where will my marriage registration with foreign elements be done? I would like to express my sincere thanks to Lawyer. Thank you for sending us your question. Here, LSX Lawfirm will answer your questions about: “Where can you register a marriage with foreign elements?”, as follows:
Legal grounds
Law on Marriage and Family 2014
Decree No. 126/2014/ND-CP
Decree 123/2015/ND-CP
Consulting content
Marriage with foreign elements is a fairly common issue in social life. It exists in different ways. But in general, marriage and family with foreign elements performed in strict accordance with the provisions of the law on marriage and family in general, and other legal relations in particular. So, how does Vietnam’s Law on Marriage and Family stipulate on this issue? When did the marriage relationship with foreign elements arise? Where is the marriage registration with foreign elements? All the above questions answered by us through this article.
You can refer to the article such as: Procedures for registering a marriage with a foreigner in a foreign country, Online marriage registration procedures in Vietnam, Consultancy service on marriage procedures with Vietnamese.
What is a marriage relationship with foreign elements?
Accordingly, Clause 25, Article 3 of the Law on Marriage and Family of Vietnam 2014, the marriage and family relations involving foreign elements are marriage and family relations:
Then, between Vietnamese citizens and foreigners: A Vietnamese citizen is a person who holds Vietnamese nationality. Foreigner means a person who does not have Vietnamese nationality; including foreign nationals and stateless persons.
Between foreigners and permanent residents in Vietnam: Being foreign citizens and stateless people residing, doing business and living long-term in Vietnam.
Among Vietnamese people, at least one party resides abroad.
Between Vietnamese citizens and each other as a basis for establishment; change; terminate such relationship in accordance with foreign law; arose in a foreign country; or assets related to that relationship abroad. Example: So, a Vietnamese citizen marries a French citizen at a competent French agency; and according to French law. After getting married, they returned to Vietnam to live. The relationship between the two parties is a marriage and family relationship with foreign elements.
Marriage with foreign elements.
Applying the law on marriage with foreign elements
Accordingly, Article 126 of the Law on Marriage and Family 2014 on marriage with foreign elements; each party must comply with the law of their country on the conditions of marriage. The marriage conducted at a competent Vietnamese state agency; Foreigners must comply with the laws of the country of which they are citizens and must comply with the provisions of the Law on Marriage and Family of Vietnam on marriage conditions.
The marriage between foreigners permanently residing in Vietnam; conducted at a competent Vietnamese agency; Foreigners must comply with Vietnam’s Law on Marriage and Family on marriage conditions.
Competence to register marriage with foreign elements
Accordingly, the provisions of Article 123 of the Law on Marriage and Family 2014; Decree No. 126/2014/ND-CP, the implementation of marriage registration with foreign elements is determined as follows:
- Provincial People’s Committees where Vietnamese citizens permanently reside; or of one of the two foreigners making the marriage registration; if the marriage is conducted in Vietnam. In case a Vietnamese citizen does not have a permanent residence permit; but has registered for temporary residence with a definite term; then the People’s Committee of the province where the Vietnamese citizen temporarily resides will carry out the marriage registration.
- Commune-level People’s Committees, places of permanent residence of Vietnamese citizens in border areas; carry out marriage registration between Vietnamese citizens and citizens of neighboring countries; in case they permanently reside in the border area with Vietnam.
- Diplomatic missions; Vietnamese consular offices abroad; carry out the marriage registration for Vietnamese citizens getting married abroad.
- Then, Diplomatic missions; Vietnamese consular offices abroad; carry out the marriage registration between Vietnamese citizens and foreigners; if such registration is not contrary to the law of the receiving country.
Thus, the competent authority to register marriages with foreign elements in your case will be the People’s Committee of the province where you permanently reside. In addition, you need to fully meet the marriage registration procedures with foreign elements as prescribed by law.
Problem solving
Marriage registration is extremely important. Because through marriage registration, it helps the State control the compliance with the law on marriage conditions; monitor the fluctuations and status of marriage registration in general; marriage registration with foreign elements in particular. In addition, the marriage registration also helps the State detect and promptly prevent violations of the marriage conditions. The issue of marriage registration in general, and marriage registration with foreign elements in particular have always received the attention of many subjects; Questions like “where is the marriage registration with foreign elements?” This is a question we often get asked, etc.
Related questions
According to the provisions of Article 18 of Decree 123/2015/ND-CP, the commune-level People’s Committee is the competent authority to register the marriage in this case.
According to the provisions of Article 123 of the Law on Marriage and Family 2014; Article 469 Law on Civil Procedure 2015. Competence to settle divorces involving foreign elements of citizens permanently residing in Vietnam will be the provincial People’s Court. Competence to settle divorces with foreign elements of Vietnamese citizens whose residence is in the border area with citizens of neighboring countries with the same residence in the border area with Vietnam shall be the People’s Court district.
According to the provisions of Clause 1, Article 126 of the Law on Marriage and Family 2014.
“first. In a 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.
Therefore, the marriage has a foreign element; the subject of this marriage relationship must comply with the laws of both countries on marriage and family; other relevant laws.
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