Marrying a foreigner is no longer a new concept for many Vietnamese people today and is becoming more and more popular when our country is in the process of integrating with the international economy. However, due to differences in nationality and specific regulations, there are many cases of difficulties in procedures and dossiers when registering a marriage to the foreigner in Vietnam, therefore, Lac Duy & Associates will provide readers with the necessary procedures when registering a marriage to the foreigner in Vietnam.
Procedure of marriage registration to the foreigner in Vietnam includes the following basic steps:
Step 01: Preparing the dossiers for marriage registration
According to the provisions of Clause 1, Article 38 of the Law on Civil Status 2014 and Article 30 of the Decree No. 123/2015/ND-CP on guidelines for Law on civil status, the marriage registration dossier includes the following documents after:
1. The marriage registration application form according to the form specified in Appendix of Circular No. 04/2020/TT-BTP elaborating a number of articles of Law on civil status and the Decree No. 123/2015/ND-CP dated November 15, 2015 on guidelines for Law on civil status.
2. Papers proving their marital status of Vietnamese and foreigners.
Note:
- A document certifying marital status of a foreigner is a document which is issued by a foreign competent authority, remains valid, and certifies that the holder is being single. If the foreign country does not issue a document certifying marital status, an equivalent document issued by the foreign competent authority certifying the holder’s eligibility for marriage as prescribed in law of such country is required.
- If the document certifying marital status of a foreigner has an indefinite term, such document and the certificate issued by the health facility as prescribed in Clause 1 Article 38 of the Law on Civil Status 2014 shall only remain valid in 6 months from the date of issue.
- A written certification of a competent Vietnamese or foreign health organization stating that he/she does not suffer any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts.
- A copy of the Vietnamese identity card or citizen identification card.
- Copies of their passports or valid passport substitute papers. If the foreigner has no passport for presentation, he/she may present an international travel paper or a residence card.
In addition to the above documents, depending on each case, the parties must submit a number of corresponding documents. Specifically:
- If the partner being Vietnamese citizen obtained divorce or granted marriage annulment at a the foreign competent authority, he/she shall also submit a copy of vital records about such divorce or marriage annulment.
- If the partner being Vietnamese citizen is a public servant or an armed force official, he/she shall also submit a document issued by the authority certifying that his/her marriage to the foreigner is conformable with regulations of such sector.
- If the marriage registration requester is working, studying or working abroad for a definite term, he/she must submit a certificate of marital status issued by a diplomatic mission or consular mission of Vietnam in such country.
Note: For documents issued, notarized, or certified by a competent foreign agency for use in civil status registration in Vietnam, they must be consular legalized and translated into Vietnamese with the translation notarized or authenticated by the translator’s signature as prescribed by law; must also have an expiration date.
Step 02: Submit the dossier for marriage registration for the officer to receive and review the dossier
According to the provisions of Article 37 of the Law on Civil Status 2014, district-level People’s Committees of places of residence of Vietnamese citizens shall register marriages between Vietnamese citizens and foreigners. The marriage registration parties shall submit their dossiers to the People’s Committee of the district where the Vietnamese citizen resides.
The recipient is responsible for immediately checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
- If the dossier is complete and valid, the officer writes a receipt for the application, clearly stating the date of the interview and returning the results;
- In case the dossier is incomplete or invalid, the receiving officer shall guide the male and female to supplement and complete. The instruction must be written in writing, which clearly and fully states the types of papers that need to be supplemented and completed; the officer receiving the application shall sign, write his/her full name and hand it over to the applicant.
Step 03: Competent authority to handle the application
According to the provisions of Clause 2, Article 38 of the Law on Civil Status 2014 and Clause 1, Article 31 of Decree No. 123/2015/ND-CP, within 10 working days from the date on which the satisfactory application is received, Committee Division of Justice shall assess it and carry out verification if necessary. Chief of Committee Division of Justice shall be responsible for the assessment results and any request of Committee Division of Justice in the processing of the application for marriage registration. If both partners meet the conditions for marriage as prescribed by law, Committee Division of Justice shall request the President of People’s Committee for settlement.
Step 04: Proceed a marriage registration
Clause 3, Article 38 of the Law on Civil Status 2014 stipulates as follows: Upon marriage registration, both male and female partners must be present at the head office of the People’s Committee, the civil status officer shall ask for opinions of the male and female partners. If seeing that they voluntarily marry each other, the civil status officer shall record the marriage in the civil status book and together with the male and female partners sign in the civil status book. The male and female partners shall both sign in the marriage certificate.
According to Clause 1, Article 32 of Decree No. 123/2015/ND-CP, within 3 working days from the date on which the President of People’s Committee of district signs the marriage certificate, Committee Division of Justice shall grant the marriage certificate to the male and female partners. Above is the necessary information about the procedure for marriage registration to the foreigner in Vietnam. If you have any questions that need advice or support, readers can immediately contact Lac Duy & Associates for timely assistance.