International marriage registration in Vietnam has become increasingly common as more foreigners choose to tie the knot with Vietnamese citizens. This comprehensive guide will walk you through the entire process, ensuring you understand all legal requirements and procedures.

Introduction

Vietnam’s growing integration with the global community has led to a rise in international marriages. The country has established clear procedures for foreign Vietnamese marriages, though the process requires careful attention to detail and proper documentation.

Overview of International Marriage in Vietnam

The Vietnamese government recognizes marriages between foreigners and Vietnamese citizens, provided they comply with local laws and regulations. The Law governs these unions on Marriage and Family, which ensures the rights and obligations of both parties are protected.

Legal Framework

Understanding the legal framework is crucial for successful marriage registration in Vietnam.

For marriages between Vietnamese citizens and foreigners, each party shall comply with his/her country’s law on marriage conditions; if their marriage is conducted at a competent Vietnamese state agency, the foreigner shall also comply with marriage conditions of Vietnamese law on marriage the Law on Marriage and Family, Civil Status Law  and Decree 123/2015/ND-CP

Vietnamese Marriage Laws for Foreigners

To legally marry in Vietnam, both parties must meet these basic requirements according to Articles 5 and 8 Law on Marriage and Family:

  • Men must be at least 20 years old, women at least 18 years old
  • Both parties must be mentally sound and legally single
  • The marriage must be voluntary for both sides
  • The union must not violate Vietnam’s prohibited marriage relationships

To learn more about the procedures for marrying a foreigner, you should refer to this link 

International Marriage Recognition

Marriages registered in Vietnam are generally recognized internationally, though couples should verify recognition requirements in their home countries (Article 126.1 Law on Marriage and Family). Some may need to register their marriage again in their home country.

In cases where a marriage has already been registered abroad, Vietnamese citizens do not need to re-register the marriage in Vietnam but only need to be recognized in the civil status book to be recognized in Vietnam (Article 48 of the 2014 Civil Status Law)

Note: At the time of marriage, both parties must meet the marriage conditions and not violate the prohibitions of the Law on Marriage and Family. In cases where the marriage conditions are not met but no prohibitions were violated at the time of registration with the competent foreign agencies, the marriage may still be recorded in the civil registry, if:

  • At the time of requesting documentation in vital records, consequences have been remedied
  • The marriage record is made to protect the interests of Vietnamese citizens and children

(Article 34 Decree 123/2015/ND-CP)

Required Documentation

According to Article 10 of Decree 123/2015/ND-CP, Proper documentation is essential for a smooth registration process.

Documents Needed from Foreign Spouse

If the marriage involves foreign elements, the documents required include:

  • Completed marriage registration form
  • Valid passport or valid substitute paper 
  • Certificate of Single Status or equivalent 
  • Health certificates from authorized Vietnamese medical facilities
  • Permanent or temporary residence card or temporary residence certificate 

Documents Needed from Vietnamese Spouse

When registering for marriage, both the man and woman need to prepare the following documents:

  • Completed marriage registration form 
  • National ID card or passport 
  • Household registration book 
  • Certificate of Single Status
  • Health certificate 
  • Copy of the household registration book or temporary residence book
  • If a Vietnamese spouse is a civil servant, public employee, or serving in the armed forces: A document certifying that the marriage does not violate the regulations of the profession

Translation and Authentication Requirements

All foreign documents must be:

  • Legalized by the relevant authorities in the country of origin (Article 10 Law on Civil Status and Article 4.2 Decree 111/2011/NĐ-CP)
  • Translated into Vietnamese by certified translators (Article 2.3 Decree 123/2015/NĐ-CP)
  • Notarized by Vietnamese authorities (Article 2.3 Decree 123/2015/NĐ-CP)

Step-by-Step Registration Process

This procedure is stipulated in Article 38 of the Law on Civil Status and Article 31 of Decree 123/2015/ND-CP guiding the Law on Civil Status and Article 11 of Circular 04/2020/TT-BTP as follows:

1. Initial Application Submission

Submit all required documents to the local Department of Justice where the Vietnamese spouse is registered (Article 37.1 Law on Civil Status). The department will review the application package for completeness and accuracy (Article 38.1 Law on Civil Status).

2. Document Verification

Officials will verify all submitted documents, which typically takes 15-20 working days. They may request additional documentation if needed. (Article 38.2 Law on Civil Status and Article 31.1 Decree 123/2015/NĐ-CP):

The Department of Justice shall conduct research, review the documents, and verify them if necessary within 10 working days of receiving the complete and valid application. 

Within 15 days from the date of receiving the complete documents, the civil status officer in charge of civil registration is responsible for verification. If the conditions for marriage are met according to the law, the Department of Justice will report to the Chairman of the district-level People’s Committee for resolution. 

3. Interview Process

Some localities require couples to attend an interview to verify the marriage’s authenticity and ensure both parties understand their rights and obligations. (Article 38.4 Law on Civil Status and Article 31.3 Decree 123/2015/NĐ-CP)

Based on the specific situation, when necessary, additional regulations on the interview procedure shall be issued when processing marriage registration requests, to ensure the rights and legitimate interests of the parties and the effectiveness of state management. 

4. Registration Completion

Once approved, couples will receive their marriage certificate. The ceremony can be held at the registration office or another location of choice. (Article 38.3 Law on Civil Status)

Both parties must be present at the People’s Committee office. The civil status officer responsible for civil registration will ask for the consent of both parties. If both parties voluntarily agree to marry, the marriage will be recorded in the civil register, and both parties will sign the civil register. The Chairman of the district-level People’s Committee will issue the Marriage Certificate to both parties.

You can refer to more procedures and documents at the National Public Service Portal.

Common Challenges and Solutions

Language Barriers

When marrying a foreigner, legal documents related to the marriage often need to be translated. If the translation is inaccurate or not certified by an authorized translator, it could lead to delays or even invalidate the documents in legal proceedings. 

Language barriers may also prevent both partners from fully understanding their legal rights and obligations, leading to potential disputes.

Marriage registration requires interaction with government agencies where the language spoken might differ from one spouse’s native tongue. This could lead to difficulties in communication with government agencies and complicate the registration process which lead to mistakes.

Solution: Hire a certified translator for document translation and interpretation during the process.

Documentation Issues

Some countries may have specific marriage laws that require both spouses to understand certain legal concepts, such as consent, cohabitation agreements, or spousal support. Language barriers can hinder the couple’s ability to fully understand these legal terms, which may lead to challenges in interpreting or applying the law appropriately.

The differences in marriage laws can also lead to confusion about the marriage procedure and documents. This becomes challenging for both parties in the process of exercising their rights and fulfilling their duties when getting married.

Solution: Work with experienced legal consultants who can guide you through document preparation and authentication.

Processing Times

When marrying a foreigner, there are several common challenges related to processing times: 

  • Visa and Immigration Delays
  • Different countries have varying document needs, often requiring translations or notarizations
  • Complex legal requirements, such as background checks or medical exams, can cause delays.
  • Different marriage procedures in each country can affect processing time.

Solution: Start the process well in advance and maintain regular communication with authorities.

Post-Registration Procedures

Marriage Certificate Legalization

After receiving your Vietnamese marriage certificate, you may need to:

  • Have it translated into your home country’s language
  • Get it legalized by the Vietnamese Ministry of Foreign Affairs
  • Have it authenticated by your country’s embassy

Registration in Spouse’s Home Country

Many countries require couples to register their foreign marriage. Check with your home country’s authorities about specific requirements.

Conclusion

While the international marriage registration process in Vietnam can seem complex, proper preparation and understanding of requirements will ensure a smooth experience. Remember to start early, gather all necessary documents, and seek professional assistance when needed.

Important Note: Laws and procedures may vary by location and can change over time. It’s recommended to verify current requirements with local authorities or legal professionals.

Frequently Asked Questions

  • How long does the marriage registration process take?

    The typical processing time is 15-20 working days after submitting complete documentation (Article 38.2 Law on Civil Status and Article 31.1 Decree 123/2015/NĐ-CP). However, the total time including document preparation can take 2-3 months.
  • Can the marriage ceremony be held anywhere in Vietnam?

    Yes, after receiving the marriage certificate, couples can hold their ceremony at any location. However, the legal registration must be completed at the appropriate government office. (Article 37.1 Law on Civil Status)
  • Do I need to be in Vietnam during the entire process?

    While you don’t need to be present during the entire process, both parties must be present for the final registration and certificate issuance. (Article 38.3 Law on Civil Status)

If either party cannot be present to receive the Marriage Certificate, they may submit a written request to extend the issuance period. This extension cannot exceed 60 days from the date the certificate is signed. If the certificate is not collected within this timeframe, it will be cancelled. Should the parties still wish to marry, they must restart the marriage registration process from the beginning (Article 32.3, Decree 123/2015/NĐ-CP).

Harley Miller Law Firm “HMLF”

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: [email protected]

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