PROCEDURES FOR MARRYING A FOREIGNER IN 2023

Currently, the procedure for marrying a foreigner in 2023 at an agency in Vietnam is not too complicated, because the trend of our country is increasingly developing and expanding international relationships. However, the parties must also comply and meet the conditions prescribed by law regarding marriage with foreigners and required documents to avoid wasting a lot of time and effort. Therefore, Bach Tuyet Law Firm will send to readers about the procedures for marrying foreigners in 2023!

What is marriage with a foreigner?

Pursuant to Clause 5, Article 3 of the 2014 Law on Marriage and Family, it is stipulated that “Marriage is the establishment of a husband and wife relationship between a man and a woman according to the provisions of this Law on marriage conditions and marriage registration.”

In addition, Clause 25, Article 3 of this Law stipulates:

“25. Marriage and family relationships with foreign elements are marriage and family relationships in which at least one party is a foreigner or Vietnamese residing abroad; marriage and family relationships between the parties involved are Vietnamese citizens but the basis for establishing, changing, and terminating those relationships is according to foreign law, arising abroad or assets related to that relationship  abroad.”

Thus, it can be understood that marrying a foreigner is the establishment of a husband and wife relationship between a Vietnamese citizen and a foreigner according to the provisions of law.

Conditions to marry a foreigner in Vietnam?

“Article 8. Conditions for marriage

1. Men and women marrying each other must comply with the following conditions:

1. a) Men are 20 years old or older, women are 18 years old or older;
2. b) Marriage is decided voluntarily by men and women;
3. c) Not lose civil act capacity;
4. d) Marriage does not fall into one of the cases where marriage is prohibited as prescribed in Points a, b, c and d, Clause 2, Article 5 of this Law, including:

+ Fake marriage;

+ Child marriage, forced marriage, fraudulent marriage, obstruction of marriage;

+ A married person who is married to someone else or an unmarried person who is married to a married person;

+ Marriage between people of the same direct blood line; between people whose last name is within three generations; between adoptive parents and adopted children; between the person who was once a father, adoptive mother and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and wife’s stepchild, stepmother and husband’s stepchild.

2. The state does not recognize marriage between people of the same sex.”

In addition, for marriage with foreigners, the law also stipulates:

“Article 126. Marriage involving foreign elements

In a marriage between a Vietnamese citizen and a foreigner, each party must comply with their country’s laws 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.

Marriage between foreigners permanently residing in Vietnam at competent Vietnamese agencies must comply with the provisions of this Law on marriage conditions.”

3. Documents to register marriage with a foreigner?

Applications for marriage registration with foreigners are specified in Article 38 of the 2014 Civil Status Law and guided by Articles 30,31,32 of Decree 123/2015/ND-CP. However, in reality, the competent authority may require you to prepare some additional documents such as:

For Vietnamese citizens

• Certificate of marital status (original);
• Birth certificate (copy);
• Household registration book (copy);
• Passport or citizen identification card (copy);
• Marriage health certificate (original);
• Card photo 4×6;
• Divorce decision or divorce judgment (in case of marriage and divorce);
• Death certificate (in case you were married but your spouse died);
• Documents proving temporary residence if registering marriage at the place of temporary residence;

For foreigners

• Certificate of single status issued by a foreign agency (original);
• Passport (copy);
• Passport translation;
• Copy of visa or other documents allowing legal residence in Vietnam;
• Marriage health certificate (original);
• Card photo 4×6;
• Divorce documents (in case foreigners are married and divorced);
• Documents proving the death of the previous spouse (in case you were married but the spouse died);

Authority to register marriage with foreigners?

According to the provisions of Article 37 of the 2014 Civil Status Law:

“Article 37. Competence to register marriage

The district-level People’s Committee of the place of residence 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; between Vietnamese citizens who also have foreign nationality and Vietnamese citizens or foreigners.

In case a foreigner residing in Vietnam requests to register a marriage in Vietnam, the district-level People’s Committee where either party resides shall register the marriage.

Thus, the district-level People’s Committee where Vietnamese citizens reside has the authority to register marriages between Vietnamese citizens and foreigners.

Procedures for registering marriage with a foreigner?

The male and female parties must submit a declaration according to the prescribed form and a certificate from a competent Vietnamese or foreign medical organization certifying that the person does not suffer from mental illness or another illness that causes cognitive impairment. Take control of your actions for the civil registration agency.

Foreigners and Vietnamese citizens residing abroad must submit additional documents proving marital status, a copy of the passport or a valid document in lieu of a passport.

Within 15 days from the date of receipt of complete documents as prescribed in Clause 1 of this Article, the civil status officer is responsible for verifying and, if found to be eligible for marriage according to the provisions of law, the Justice Department will report to the Chairman of the District People’s Committee for resolution.

When registering a marriage, both men and women must be present at the People’s Committee headquarters. The civil status officer will ask for the opinions of both men and women. If the parties voluntarily get married, the marriage will be recorded in the civil status book with the signing from both men and women in the civil status book. Both male and female parties sign the Marriage Certificate.

The Chairman of the District People’s Committee awards the Marriage Certificate to both male and female parties.

The Government regulates additional documents in marriage registration documents, interviews, and verification of marriage purposes when resolving marriage registration requests; procedures for issuing certificates of marital status for Vietnamese citizens to marry foreigners at foreign competent agencies abroad to ensure the legal rights and interests of the parties.

Above is advice from Bach Tuyet Law Firm on the topic “Procedures for marrying foreigners in 2023“. If you have any other questions, please contact us with the following information:

1/ Head office: 1132 Le Duc Tho, Ward 13, Go Vap District, Ho City Chi Minh

• Facebook: Bach Tuyet Law Firm,
• Phone number: 094.994.0303 or 0987.431.347
• Website: https://hangluatbachtuyet.com/

2/ Branch: 144D Nguyen Dinh Chinh, Ward 8, Phu Nhuan District, Ho Chi Minh City

• Facebook: Bach Tuyet Law Firm – Phu Nhuan Branch
• Phone number: 0376019226
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