Getting married in Vietnam as a foreigner requires careful preparation and understanding of the legal requirements. This comprehensive guide will walk you through all the essential documents and procedures needed to ensure a smooth marriage registration process.
Introduction
Vietnam’s marriage laws for foreigners have evolved significantly over recent years by undergoing reforms to facilitate international unions, while still maintaining strict documentation requirements to ensure legal compliance. Indeed, with its attractive cost of living, vibrant culture and economic opportunities, Vietnam has become an increasingly popular destination for foreigners. Understanding the legal and administrative requirements is crucial for a successful marriage registration process and recognition under Vietnamese law and by the foreigner’s home country law.
For further information on Vietnamese marriage, see ‘Wedding Traditions in Vietnam: Everything you need to know’.
Basic Eligibility Requirements
Before proceeding with document preparation, it is essential to ensure that you meet these basic eligibility criteria to register your marriage in Vietnam :
Legal age requirement : Both parties must meet the legal age for marriage under Vietnamese law, which is 20 years old for men and 18 years old for women.
Legal basis : Article 8.a of Law on Marriage and Family
Mental capacity : Both parties must be mentally sound and capable of making decisions and understanding the nature of the marriage.
Legal basis : Article 8.c of Law on Marriage and Family
Legal status : Neither party should be currently married to another person. If either party is already in an existing marriage, they must provide proof of divorce or the death of their spouses.
Legal basis : Article 8.d of Law on Marriage and Family
Residency status : At least one party should have legal residency in Vietnam. It includes foreigners who have a valid visa, temporary residence card or a permanent residency status.
By meeting these basic criteria, international couples can ensure they meet the fundamental legal requirements for marriage registration in Vietnam.
Required Documents from Foreign Partner
To ensure compliance with Vietnamese marriage registration law, you must prepare and submit the following documents as stipulated under Article 30 of Decree No. 123/2015/ND-CP and article 38.1 of Law on Civil Status 2014 :
- Valid Passport : a passeport must have at least 6 months of remaining validity.
- Certificate of No Impediment to Marriage: Your home country’s embassy or diplomatic mission in Vietnam must issue this document to verify that you are legally free to marry.
- Birth Certificate: You must submit an original copy of your birth certificate with a certified translation into Vietnamese. If the original document is unavailable, you can provide a certified copy instead.
- Divorce/Death Certificate: If you were previously married, you must provide proof of marriage termination by submitting a copy of the divorce judgment or the death certificate of your former spouse.
- Health Check Certificate: An authorized Vietnamese medical facility must issue a medical certificate to confirm your good physical and mental health.
You can refer to our article ‘Understanding Vietnamese Laws: Expert Guide for Mixed Nationality Couples’ for more details.
Required Documents from Vietnamese Partner
Under Article 30 of Decree No. 123/2015/ND-CP and article 38.1 of Law on Civil Status 2014, the Vietnamese partner must provide the following essential documents to ensure compliance with marriage registration procedures in Vietnam :
- National ID Card : both the original and a photocopy of the Vietnamese partner’s National ID card are required.
- Household Registration Book : the original and a certified photocopy of the household registration book are mandatory.
- Birth Certificate : an original copy of birth certificate is required to confirm the Vietnamese partner’s identity. if the original birth certificate is unavailable, an officially reissued copy from the civil registry may be accepted.
- Certificate of Marriage Eligibility : this document is issued by local authorities (People’s Committee) and is typically valid for six months.
Document Authentication and Legalization Process
All foreign documents must undergo a specific authentication process to be valid for use in marriage registration in Vietnam. The steps are governed by Decree No. 111/2011/ND-CP :
- Documents must be legalized by your home country’s authorities
- Authentication by the Vietnamese Embassy in your country (e.g. : Vietnamese Embassy in the United States)
- Further verification by the Vietnamese Department of Foreign Affairs
Translation Requirements
According to article 2.3 of Decree No. 123/2015/ND-CP, all non-Vietnamese documents must adhere to strict translation and notarization requirements :
- Professional translation into Vietnamese : the translation must accurately reflect the content of the original document.
- Notarization of translations by authorized Vietnamese notaries : the notarization is a process that ensures that the translations are legally recognized under Vietnamese law.
- Certification of translation accuracy : the notary certifies the accuracy of the translation, confirming that it faithfully represents the original document’s content.
Registration Procedure
The process for registering an international marriage in Vietnam is outlined in Articles 31 and 32 of Decree No. 123/2015/ND-CP and article 38 of the law on Civil Status 2014. It involves the following steps :
- Submit all required documents to the local Justice Department (Hanoi and HCMC)
- Pay the required registration fees
- Attend the document verification interview
- Wait for processing (typically 15-30 days)
- Receive marriage certificate upon approval
Timeline and Validity Periods
Understanding and adhering to critical timelines is essential for a smooth registration process and planning ahead :
- Document preparation: 2-3 months
- Processing time: 15-30 days
- Document validity: Most certificates valid for 6 months
- Marriage registration validity: Permanent once approved
Additional Considerations
When handling the legal documents for registering a foreign marriage in Vietnam, keep the following key factors in mind:
- Update documents when necessary: Some legal documents, such as the Certificate of No Impediment to Marriage or the Health Check Certificate, typically have a validity period of 3 to 6 months. If the processing time exceeds this period, you may need to obtain new or updated versions of these documents to ensure they remain valid for submission.
- Maintain copies of all submitted documents: Keeping copies of all documents you submit is crucial. This ensures you have a reference in case of additional requirements or unexpected issues during the registration process.
- Consider hiring a legal consultant for complex cases: If your case involves multiple jurisdictions or challenges in document legalization, engaging a legal consultant can simplify the process and save you time. They can guide you through the requirements and handle administrative complexities.
- Budget for translation and legalization fees: Foreign documents must be translated into Vietnamese and notarized by authorized agencies. Additionally, you may incur costs for legalizing documents through diplomatic missions and the Department of Foreign Affairs in Vietnam. Planning for these expenses will help avoid unexpected costs and ensure a smoother process.
Conclusion
While the process of gathering legal documents for marriage in Vietnam may seem complex, proper preparation and understanding of requirements will ensure a smooth registration process. Remember to start collecting documents well in advance and seek professional assistance if needed.
Important Note: Requirements may vary slightly depending on your nationality and specific circumstances. Always verify current requirements with your embassy and local Vietnamese authorities.
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