Currently, marriage with foreigners are becoming more and more popular. Which agency has competence to register marriage with foreigners? What is the procedure for marrying a foreigner? Let’s find out these issues with LSX Law firm
Law on Marriage and Family 2014
Civil Status Law 2014
Law on foreigners’ entry into, exit from, transit through and residence in Vietnam 2014
What is a marriage registration with foreigner?
Overall, marriage with foreigners is the establishment of conjugal relationship between Vietnam citizens and foreign citizens or people n without citizenship.
In addition; Vietnam only accept the only way to establish conjugal relationship between men and women is marriage registration at the competent agency. In that case, Article 9 of the Law on Marriage and Family in 2014 provided as follows:
Firstly, a marriage shall be registered with a competent state agency in accordance with this Law and the law on civil status. A marriage which is not registered under this Clause is legally invalid.
Secondly, a divorced couple who wish to re-establish their husband and wife relation shall register their re-marriage.
Undoubtedly, whether you are a Vietnamese citizen or a foreigner, when carrying out the marriage registration procedure in Vietnam; you need to meet the marriage conditions mentioned in Article 8 of the Law on Marriage and Family 2014:
Article 8. Conditions for getting married
1. A man and a woman wishing to marry each other must satisfy the following conditions:
a/ The man is full 20 years or older; the woman is full 18 years or older;
b/ The marriage is voluntarily decided by the man and woman;
c/ The man and woman do not lose the civil act capacity;
d/ Moreover, the marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2; Article 5 of this Law.
2. The State shall not recognize marriage between persons of the same sex.
In addition; the competent authority will not make registration of marriage between people of the same gender even though one of the parties to the marriage registration are foreigners.
Competence to register marriage
In fact, for the registration of marriage with a foreigner; District-level People’s Committees shall register the marriage; which is specifiable in Article 37 of the Law on civil status 2014 as follows:
Firstly, district-level People’s Committees of resident places of Vietnamese citizens shall register marriages between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; and between Vietnamese citizens who also have foreign citizenship 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 of residence of either partner shall register the marriage.
However; there is an exception where the commune-level People’s Committee has the authority to carry out the registration of marriage with a foreigner; specified in Decree 123/2015/ND-CP as follows:
Article 18. Marriage registration
Generally, people’s Committees of communes in border areas; shall register marriages between citizens permanently residence and citizens of neighboring countries permanently residence.
Finally, hope this article “Procedures for divorce with foreigners” is useful for you!