Currently, Vietnam is one of the countries that are particularly interested by international investors because of its geographical location as well as abundant resources. The number of foreigners coming to live and work in Vietnam is increasing, so it is more common for Vietnamese people to marry foreigners. So, what is the procedure for marriage involving foreign elements and what difficulties? Please also follow the following article.
1. Legal basis:
Law on civil status 2014, Decree 123/2015 / ND-CP
a. Authority to register marriage
The district People’s Committee where the Vietnamese citizens reside will be:
– Vietnamese citizens and foreigners;
– Vietnamese citizens residing in the country with Vietnamese citizens residing abroad;
– Vietnamese citizens residing abroad together;
– Vietnamese citizens who simultaneously hold foreign nationality with Vietnamese citizens or with foreigners conducting marriage procedures.
In cases where foreigners residing in Vietnam require marriage registration in Vietnam, the district-level People’s Committee of the residence of either party shall effect the marriage registration.
b. Procedures for marriage registration
The man and the woman shall submit a declaration form and a certification of a competent Vietnamese or foreign medical organization certifying that the person does not have a mental illness or other disease and is incapable of receiving it. awakening and mastering their own acts for civil status registration agencies.
Foreigners and Vietnamese citizens residing abroad must submit additional documents proving marital status, copy of passport or valuable papers in lieu of passport.
Within 15 days after receiving the full papers, civil status officials shall verify if they deem eligible to get married according to the provisions of law. The Justice Division reports to the President of the district People’s Committee for settlement.
When registering marriage for both men and women, they must be present at the headquarters of the People’s Committee and civil servant performing civil status work, consulting both men and women, if the parties voluntarily get married, write the married in the civil status book, together with both men and women, to sign the civil status book. The two sides shall sign marriage certificate.
Chairpersons of district-level People’s Committees shall grant marriage certificates to both men and women.
The Government shall provide supplementary papers in the marriage registration dossier, the interview, verify the purpose of marriage when settling the request for marriage registration; procedures for granting certificates of marital status for Vietnamese citizens to marry foreigners at foreign competent agencies in order to ensure the lawful rights and interests of the parties.
2. Application for marriage registration: (Article 30 of Decree 123/2015 / ND-CP)
a) The application for marriage registration is made in accordance with Clause 1 Article 38 of the Law on civil status and the following provisions:
– Both partners may fill out a single marriage registration form;
Documents proving the marital status of a foreigner is a paper issued by a competent foreign agency which is still valid and certifies that such person has no wife or no husband; in cases where a foreign country does not grant a certificate of marital status, it must be replaced by papers issued by a competent foreign agency certifying that such person is eligible for marriage under the law of that country.
If the certificate proving the marital status of the foreigner does not specify the expiry date, this document and the certification of the medical organization are only valid for 6 months from the date of issuance.
b) If a foreigner does not have a passport to present under the provisions of Clause 1, Article 2 of this Decree, he/she may produce international travel papers or residence cards.
c) Apart from the papers prescribed in Clause 1 of this Article, if the married party is a Vietnamese citizen who has divorced or canceled the marriage at a foreign competent agency, he / she must also submit a copy of the civil status excerpt have recorded in the divorce record or canceled the marriage according to the provisions of Clause 2, Article 36 of this Decree; If they are civil servants or officials, or they are currently serving in the armed forces, they must submit the documents of the agencies or management units certifying that such persons are married to foreigners not contrary to the provisions of that branch.
3. Order of marriage registration: (Article 31.32 Decree 123/2015 / ND-CP)
a) Within 10 working days after receiving a complete and valid dossier, the Justice Department shall conduct research, verify the dossier and verify it if necessary. The Head of the Justice Division is responsible for the results of the examination and the Justice Office’s proposal in handling marriage registration documents.
b) If the dossier is valid, the parties are eligible to get married under the provisions of the Law on Marriage and Family, not falling into the case of refusing to get married, The Justice Division reports to the President of the district People’s Committee to sign 02 originals of the Marriage Certificate.
c) Based on the specific situation, when necessary, the Ministry of Justice shall report to the Prime Minister on additional regulations on interview procedures when handling marriage registration requests to ensure the lawful rights and interests of State management and efficiency.
d) Within 3 working days after the Chairman of the district-level People’s Committee signs the marriage certificate, the Justice Office shall grant the marriage certificate to both male and female partners.
e) The handover and receipt of marriage certificates shall comply with the provisions of Clause 3, Article 38 of the Law on Civil Status.
The marriage certificate is valid from the date recorded in the book and given to the parties.
f) If one or both of the male and female partners cannot present to receive the Marriage Certificate, at their written request, the Justice Department shall extend the time limit for granting the Marriage Certificate but must not exceed 60 days. , from the date the Chairman of the district People’s Committee signs the Marriage Certificate. At the end of 60 days but both men and women do not come to receive the marriage certificate, the Justice Department shall report to the President of the district-level People’s Committee to cancel the signed marriage certificate.
If later, both men and women still want to get married, they must carry out procedures for marriage registration from the beginning.
In order to save time to learn the procedures, filling out the form, notarizing, and waiting for the application to be submitted, you can contact HT for advice and support for the Marriage to foreigners service.
- Email: firstname.lastname@example.org
- Phone number: +84 935 439 454.