Legal Insight

Marriage Involving Foreign Elements In Vietnam

Marriage involving foreign elements means a marriage in which at least one partner is a foreigner or an overseas Vietnamese; or a marriage in which partners are Vietnamese citizens but the bases for establishing, changing or terminating of their marriage relation are governed by a foreign law, or such relation arises abroad, or the property related to such relation is located abroad.

 

What rights and obligations do foreigners have in their marriage relations with Vietnamese citizens?

 

  • Foreigners in Vietnam have the same rights and obligations like Vietnamese citizens, unless otherwise provided by Vietnamese law.
  • Marriage involving foreign elements shall be respected and protected in accordance with Vietnamese law and treaties to which Vietnam is a contracting party.

 

Whether a judgment and decision of a foreign court or competent agency on marriage could be recognized in Vietnam?

 

  • Yes. The recognition of marriage and family’s judgments and decisions of foreign courts which are requested to be enforced in Vietnam shall comply with the provisions of the Civil Procedure Code.

 

What are conditions for a foreigner to get married with a Vietnamese citizen?

 

  • A foreigner who wants to get married with a Vietnamese citizen must comply with his/her country’s law on marriage conditions and regulations of Vietnamese Law on Marriage & Family.

 

Which agency is competent to register marriages involving foreign elements?

 

  • District-level People’s Committees where Vietnamese citizen is residing.
  • In case both foreigner residing in Vietnam requests marriage registration in Vietnam, the district-level People’s Committee where either partner resides is competent to register the marriage.

 

What are required documents for foreigners to get married in Vietnam?

 

  • Marriage registration form.
  • Certified true copy of Passport.
  • Mental Health check (to certify that not having a mental illness or another disease without the ability to perceive and control behavior).
  • Confirmation of marital status (issued by the competent authority of the country of which the person is a citizen).
  • Certificate of temporary residence in Vietnam.

 

What is the procedure for marriage registration?

 

  1. Submit the application at the competent district-level People’s Committee.
  2. The Justice Department examines the application within 10 working days from the date of fully receipt application.
  3. The President of the district-level People’s Committee issues 02 original of Marriage Certificate.
  4. Both partners present at the headquarters of the People’s Committee to sign in the Marriage Certificate and civil status book.

 

When does the Marriage Certificate have effect?

 

  • The Marriage Certificate is valid from the date it is recorded in the civil status book and given to the parties.

 

Conclusion: It is a complex formality to get married in Vietnam especially for foreigners or expats. Though there is little to worry about in obtaining a marriage registration certificate, several procedural steps may confuse you and we highly recommend you seek out our help to properly secure your marriage. Feel free to contact us through the contact form below if you have any doubts and our experienced family attorneys will get back to you as soon as possible.

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