Getting married in Vietnam as a foreigner requires careful navigation through various legal requirements and procedures. This comprehensive guide outlines everything you need to know about marriage registration in Vietnam, ensuring a smooth journey towards your special day.
For further information, you can refer to the article ‘Vietnam’s new regulations on marriages and families with foreigners’ or ‘Marriage Laws for Foreigners in Vietnam: A Comprehensive Guide’.
Introduction
Combining its rich cultural traditions, stunning landscapes and a modernizing legal framework, Vietnam has emerged as a favored destination for international couples, with thousands of foreigners choosing to marry there each year. Indeed, these past few years, the Ministry of Justice reported a 25% increase in marriage registrations involving at least one foreign spouse.
However, marrying in Vietnam requires careful navigation through various legal and administrative requirements and procedures. Understanding the steps, documentation, and procedures is crucial for foreign nationals planning to marry in Vietnam.
Basic Eligibility Requirements
Age and Legal Status Requirements
Minimum age requirement
Both men and women must be at least 20 years old to legally marry in Vietnam. Indeed, marriages involving individuals younger than the minimum age are prohibited unless specific legal exceptions are applied, such as court approval under exceptional circumstances.
Legal basis : Article 8.1.a of Law on Marriage and Family 2014
Valid passport with at least 6 months validity
The passport serves as proof of identity and nationality and ensures that the foreign national is eligible to enter into a legally recognized marriage in Vietnam. The six-month validity clause ensures that the foreign national will have enough time to complete the marriage registration process.
Legal basis : Article 38.1 of Law on Civil Status 2014
Legal residence status in Vietnam (tourist visas are acceptable)
Foreigners are required to provide evidence of their legal residence status in Vietnam, such as a valid tourist visa or resident card. This requirement prevents potential fraudulent marriages from obtaining residency or citizenship.
Legal basis : Article 30.2 of Decree No.123/2015/ND-CP
Single status or proof of terminated previous marriage
Foreigners must prove they are single or divorced or widowed to ensure Vietnam’s government they are legally free to marry. This requirement aims to prevent bigamy and polygamy and protect individuals from entering into marriages that might later be deemed legally invalid.
Legal basis : Article 30.1.b of Decree No.125/2015/ND-CP
Marriage Capacity Conditions
Under Article 8 of the 2014 Law on Marriage and Family, both parties must prove their legal capacity to marry to Vietnam. This ensures the marriage’s validity and that both understand their commitment.
- Mental capacity to consent to marriage : each person must be able to understand the nature of the marriage contract and its legal obligations. The idea is to safeguard vulnerable individuals from being coerced or manipulated into entering a marriage.
- No close blood relations between parties : this restriction includes direct family members and distant relatives depending on the context.
- No existing marriage in any jurisdiction : this requirement prevents bigamy or polygamy, which are forbidden in Vietnam.
Required Documentation
Essential Personal Documents
For marriage registration in Vietnam, foreigners must present the following essential documents as required under Article 30 of Decree No.123/2015/ND-CP :
- Valid passport : a passeport with a minimum of six months’ validity is required to verify identity and nationality.
- Birth certificate : it is necessary to confirm the person’s identity and date of birth.
- Certificate of single status or divorce decree/death certificate if previously married : it serves to confirm that the person is legally free to marry.
- Health examination certificate from authorized Vietnamese medical facilities : it is required to ensure the person is in good healthy to marry which means that there are no medical conditions that would hinder the marriage.
Document Authentication Process
As specified in Article 2.3 of Decree No. 123/2015/ND-CP and Article 124 of the Law on Marriage and Family 2014, all foreign documents must undergo a specific authentication process in Vietnam. The document authentication process involves several steps :
- Legalization by your home country’s authorities : documents must first be legalised by the relevant authorities in the foreigner’s home country to confirm their authenticity.
- Authentication by Vietnamese embassy in your country : documents must be authenticated by the Vietnamese embassy or consulate in the foreigners home country to ensure the documents are recognised under Vietnamese law. (e.g. : Vietnamese Embassy in the USA or in the UK).
- Translation into Vietnamese by certified translators : documents must be translated into Vietnamese by certified translators to ensure accuracy and adherence to legal language standards.
- Notarization of translations by Vietnamese authorities : translated documents must be notarized by Vietnamese authorities to officially validate their content.
Step-by-Step Registration Process
Where to Register
Marriage registration must be completed at the local Justice Department or District People’s Committee where either party has registered residence, as outlined in Article 37 of the law on Civil Status 2014.
Timeline and Procedures (Article 38 of Law on Civil Status)
- Submit complete documentation package
- Processing time: 15-30 working days
- Attendance of both parties required for final registration
- Marriage certificate issued in both Vietnamese and English
Special Considerations
Same-Sex Marriage Status
Under Article 8.2 of the Law on Marriage and Family, while Vietnam has removed the ban on same-sex marriage, it does not legally recognize such unions. This means that same-sex couples are allowed to hold ceremonies but they cannot legally register their marriage with Vietnamese authorities.
Religious and Cultural Ceremonies
Religious ceremonies can be held but have no legal standing without civil registration. Many couples choose to combine traditional Vietnamese ceremonies with legal registration.
Post-Registration Procedures
Document Legalization
After receiving your marriage certificate, consider these important steps:
- Obtain additional certified copies of the marriage certificate : these copies may be required for various legal purposes like changing your name.
- Legalize the certificate for use in your home country : this process involves obtaining authentication from the Vietnamese ministry of Foreign Affairs.
- Register the marriage with your embassy (if required)
Common Challenges and Solutions
Language Barriers
Consider hiring a licensed translator or wedding planner familiar with international marriages to assist with documentation and communication with local authorities.
Documentation Delays
Start gathering required documents at least 3-6 months before your planned registration date to account for potential delays in authentication and translation processes.
Frequently Asked Questions
How long does the marriage registration process take in Vietnam?
The standard processing time is 15-30 working days after submitting all required documents. However, the entire process, including document preparation and authentication, can take 2-3 months.
Can I get married on a tourist visa in Vietnam?
Yes, you can register marriage on a tourist visa, but all other documentation requirements must be met.
Do I need to provide a health certificate?
Yes, both parties must obtain health certificates from authorized Vietnamese medical facilities as part of the marriage registration requirements.
Conclusion
The marriage registration process for foreigners in Vietnam involves several steps, but proper preparation ensures a smooth experience. Remember to start the process well in advance and consider seeking professional assistance if needed.
For the most up-to-date information, always consult with local authorities or legal professionals specializing in international marriages in Vietnam.
Address: 14th floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone: +84 937215585
Website: hmlf.vn
Email: miller@hmlf.vn
