Marriage in Vietnam for foreigners is a complex legal process that requires strict adherence to the country’s laws and regulations. Understanding these local rules and legal requirements is crucial to ensure that the marriage process proceeds smoothly and is legally recognized.
Legal Requirements for Marriage in Vietnam
When marrying in Vietnam, both parties must follow the 2014 Law on Marriage and Family and related documents. Article 8 of this law outlines the conditions for marrying a foreigner in Vietnam:
– The male must be at least 20 years old, and the female at least 18 years old.
– The marriage must be based on the voluntary consent of both parties.
– Both parties must have full civil act capacity.
– Fake marriages, early marriages, coercion, deception, or marriages where one party is already married are strictly prohibited.
– Marriages between people with direct blood relations, within three generations, between adoptive parents and adopted children, and several other close family relations are prohibited.
– The state does not recognize same-sex marriages.
– The marriage must be registered according to legal regulations.
Thus, to register a marriage in Vietnam, foreigners must comply with the conditions of Vietnamese law as well as the laws of the country where they hold citizenship.
Required documents (e.g., passport, certificate of marital status).
According to Article 30 of Decree 123/2015/ND-CP, the documents required for marriage registration include:
– Marriage registration form;
– Valid passport;
– Certificate of marital status and proof of residence.
If the foreign country does not issue a marital status certificate, it can be replaced by a document from the competent foreign authority confirming that the person is eligible to marry according to the laws of that country.
If the documents proving the marital status of the foreigner do not specify an expiration date, this document and the health certificate issued under Clause 1, Article 38 of the 2014 Law on Civil Status are only valid for six months from the date of issuance.
Copy of passport, international travel document, or residence card.
Additionally, in some cases, the following documents may be required:
– Divorce extract or annulment of marriage for Vietnamese citizens who have previously divorced or annulled a marriage, if applicable.
– Written confirmation that the marriage does not violate regulations applicable to civil servants, public employees, or armed forces personnel, if applicable.
– A certificate confirming that the individual does not suffer from mental illness or any condition that prevents them from recognizing or controlling their actions.
Steps to Get Married in Vietnam
Step 1: Submit the marriage registration application
According to Article 37 of the 2014 Law on Civil Status, the authority responsible for handling marriage registration procedures for foreigners is the district-level People’s Committee.
Therefore, after preparing the necessary documents, both parties or one of them can submit the application directly at the district-level People’s Committee where they reside, or submit it online through the National Public Service Portal.
Once the application is received, the competent authority will verify it against the original documents. If the application is complete and valid, a receipt will be issued, indicating the expected date for receiving the marriage certificate.
Step 2: Application review at the Department of Justice
The Department of Justice will review, verify, and process the marriage application. The head of the Department of Justice is responsible for the outcome of the review and for proposing the application for approval.
Once the application is confirmed valid and both parties meet the marriage conditions under the 2014 Law on Marriage and Family, the Department of Justice will report to the Chairman of the district-level People’s Committee. They will sign two original copies of the marriage certificate.
Step 3: Receive the marriage certificate
After the marriage certificate is signed, the civil status officer will guide both parties in reviewing the content of the certificate and the marriage registration book.
The processing time from the submission of the application to the receipt of the marriage certificate is a maximum of 13 working days.
The time limit for receiving the marriage certificate is within 60 days from the completion of the procedure. If the parties do not receive it on time, the certificate will be canceled, and they must restart the process if they wish to continue.
Marriage Registration Fee for Foreigners
In Hanoi:
According to Resolution 06/2020/NQ, the marriage registration fee at the district-level People’s Committee is VND 1 million per case.
In Ho Chi Minh City:
According to Resolution 124/2016/NQ-HĐND, the marriage registration fee at the district-level People’s Committee is VND 1 million per case.
Potential Challenges and Solutions
Marrying a foreigner in Vietnam can present several challenges, from understanding the legal regulations to managing the necessary paperwork. These challenges may include language barriers, complex procedures, and the need for documents from various authorities.
To overcome these challenges, thorough preparation and adherence to legal procedures are essential. Additionally, it is advisable to seek assistance from legal experts or professional law firms to ensure the process runs smoothly.
Legal Procedures After Marriage
1. Registering the marriage in the foreigner’s home country
If the foreigner wants their marriage to be recognized in their home country, registering the marriage there is mandatory.
2. Handling visa and residency issues
After marriage, the foreigner may wish to change or extend their residency status in Vietnam. Foreigners married to Vietnamese citizens can apply for a marriage visa or a long-term temporary residence card. The marriage visa typically has a validity of 1 to 5 years, depending on the specific case.
3. Name change procedure
If either spouse wants to change their surname after marriage, they can do so at the local civil status office.
Conclusion
Marriage in Vietnam for foreigners requires strict compliance with legal regulations. To ensure a smooth marriage process, it is important to be well-prepared, understand the law, and seek help from legal professionals. Don’t hesitate to contact us to help you avoid unnecessary difficulties and protect your rights.
Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn Email: miller@hmlf.vn
