THE LATEST MARRIAGE REGISTRATION PROCEDURES WITH FOREIGNERS IN VIETNAM

Registration of marriages with foreigners is probably not a new concept to many Vietnamese and more popular when our country is in the process of integration, broad-based development on the international market.

Recently, a number of policies related to the registration of marriages with foreigners shall change, with the main objective is to facilitate the foreigners to do business, live, marry and learn ... in Vietnam , such as the registration of the marriage is no longer to be carried out at the Department of Justice but at the district-level People’s Committee.

Thus, marriage registration procedures for foreigners under the new regulation is implemented as follows:

 Note: Guidance procedures outlined below applies to the registration of marriages between:

- Vietnamese citizen and foreigner.

- Resident Vietnamese citizen and Vietnamese citizen residing abroad.

- Vietnamese citizens residing abroad together.

- Vietnamese citizen also has foreign national(s) with Vietnamese citizen or foreigner.

Step 1: Check your marriage conditions

Must satisfy the following conditions to prepare a new marriage registration record:

a /The man is full 20 years or older, the woman is full 18 years or older;

b/ The marriage is voluntarily decided by the man and woman;

c/ The man and woman do not lose the civil act capacity;

d/ The marriage does not fall into one of these cases:

- Sham marriage or sham divorce;

- Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

- A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;

- Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;

 Step 2: Prepare record

Includes:

1. 01 Marriage registration declarations of both spouses, made according the prescribed form.

2. Document proving the marital status of Vietnamese citizen and the foreigner.

Note of document proving the marital status of the foreigner:

Normally, these documents are issued by the competent authority foreign country, and this paper must also confirm that this person is currently unmarried.

If this confirmation is not granted, it shell be replaced by a document issued by the foreign authority certifying person concerned is eligible for marriage according to its domestic law provisions.

If document proving the marital status of that person does not record the expiry date, the documents are only valid for 06 months from the date of issuance

- Certification issued within 6 months counting to the date of dossier receipt by a competent Vietnamese or foreign health organization that this person suffers no mental disease or another disease that deprives him/her of the capacity to perceive and control his/her acts;

Note: If the certificate of the medical organization has no record of time, it shall only be valid 06 months from date of issuance.

3. A copy of the identity card of Vietnamese citizen.

4. A copy of passport or another valid substitute paper proving the personal identification of the applicant.

In case foreigners can not produce passport on demand, they can produce papers for international travel or residence card.

Note: If Vietnemese citizen divorced or canceled marriage at a competent foreign agency, he/she must submit a copy of the civil status recording the divorce or cancellation of  marriage.

If Vietnamese citizen is civil servants, public employees or who serves in the armed forces, he/she shall submit a written confirmation by management agency or organization that this person’s marriage to a foreigner does not contravene regulations of that sector.

After fully preparing dossiers mentioned above, conduct registration filing

Step 3: Apply for registration of marriages with foreigners

Location: Department of Justice of the People's Committee at the district level.

Step 4: Settlement of marriage registration dossiers:

Time limit:

- 10 working days from receiving complete and valid dossier, district-level Justice Department shall study and verify if necessary

Step 5: The district-level People's Committee (DPC) president signs the marriage certificate

- District-level Department of Justice report DPC President signing 02 original marriage certificate.

(Based on the specific situation, in case of necessity the Ministry of Justice report Prime Minister adding interview procedures when dealing with requests for marriage registration in order to ensure the legitimate rights and interests of the parties and the effective State management)

Bước 6: Give marriage certificate:

Time limit:

- 03 working days from the date of the district-level People's Committee presidents signing the marriage certificate, the Justice Department in district level gives the certificate of marriage for both male and female partner.

The awarding of this paper must present to male and female partners. State consulting civil employees ask male and female partners, if the parties voluntarily married, marriage is recorded in the Civil Status book, with partners’ signature.

The man and the woman sign the marriage certificate

Marriage certificates valid from the date recorded in the book and gave to the parties.

Some noticeable things:

1. In case one of two partners can not be present together to receive the Certificate of marriage, they can request to extend the time for awarding, the date of holding the marriage registration ceremony may be extended for another 60 days at most from the date the chairperson of the district-level People’s Committee signs the marriage certificate.

Past 90 days, if the partners fail to receive marriage certificate, the district-level Justice Department shall report to the chairperson of the district-level People’s Committee on cancellation of Certificate of marriage. In case the partners still wish to get married, they shall carry out marriage registration procedures again.

  

2. If district-level People’s Committee refuses to register marriage, the Justice Department at district level announces in writing the reason for the two male and female partners.