THE PROVISION OF GETTING MARRIED IN VIETNAM 2022
Currently, the marriage between foreigners and Vietnamese is increasingly more and more popular. Accordingly, to register a marriage with a foreigner in Vietnam, a foreigner needs to submit an application and follow a specific order and procedure. Doanh Tri Firm would like to send to readers an article guiding the necessary documents and procedures for getting married in Vietnam according to the lastest laws.
1. Legal basis:
- Law on Civil status 2014
- Law on marriage and family 2014
- Decree No.123/2015/NĐ-CP
2. Conditions of getting married in Vietnam:
- The age allowed to get married in Vietnam: Men from full 20 years old, women from full 18 years old;
- The marriage must be voluntarily decided by both parties and without loss of civil act capacity;
- Vietnamese citizens residing abroad must have a residence permit issued by a foreign competent authority.
- The marriage does not fall into one of the cases where marriage is prohibited as prescribed at Point a, b, c and d, Clause 2, Article 5 of the Law on Marriage and Family, including:
+ Fake marriage;
+ Child marriage, forced marriage, cheating on marriage, obstructing marriage;
+ A person who is married or married but marries another person or is unmarried or unmarried but marries a married person;
+ Marriage between people of the same direct blood line; among people with surnames within three generations; between adoptive parents and adopted children; between a person who was once a father, an adoptive mother with an adopted child, a father-in-law with a daughter-in-law, a mother-in-law with a son-in-law, a stepfather with a step-child of a wife, a stepmother with a step-son of a husband.
- The state does not recognize marriage between people of the same sex
3. Dossier prepare:
Foreigners who want to get married in Vietnam need to prepare the following documents:
- 01 marriage registration declaration form
- Towards Vietnamese:
+ 01 Original identity card or other papers with photo and personal information attached by a competent authority, still valid.
+ Vietnamese citizen who has divorced or canceled the marriage at a foreign competent authority must prepare a copy of the civil status extract is also required to record the divorce or marriage annulment; if he/she is a civil servant or public employee or is serving in the armed forces, he/she must submit a document from his/her management agency or unit certifying that he/she is married to a foreigner.
- For foreigners:
+ 01 Original passport to prove identity; In case foreigners do not have a passport to present, they can present an international travel document or a residence card.
+ 01 Original document proving the place of residence to determine the marriage registration authority (during the transition period);
+ Papers proving the marital status of the foreigner (issued by a foreign competent authority and still valid for use certifying that the person currently has no wife or no husband); in case the foreigner’s country does not issue a certificate of marital status, it shall be replaced with a document issued by a foreign competent authority certifying that the person is eligible for marriage according to the law of that country.
4. Marriage registration process for foreigners in Vietnam:
Step 1: Submit your application
The marriage registration requester directly submits the application file at the competent District-level People's Committee (the male or female party can directly submit the application without the letter of authorization of the other party).
Step 2: Process the application and get the result
- The Justice Department conducts research and verification of marriage registration documents. In case there is a complaint or denunciation that the marriage is not eligible for marriage under the provisions of the Law on Marriage and Family, or it is found that there are problems that need to be clarified about the identity of the men or women or the documents in the application file, the Justice Department shall coordinate with relevant agencies in verifying and clarifying. During the examination and verification of the records, if necessary, the Justice Department will work directly with the parties to clarify their identities, voluntary marriage, and marriage purposes.
If the application is found to be valid, the parties are eligible for marriage under the provisions of the Law on Marriage and Family, and are not subject to the case of refusal to register their marriage as prescribed, the Justice Department shall report to the Chairman of the Committee, district-level people consider and decide. In case the President of the People's Committee agrees to settle, then sign 02 originals of the marriage certificate.
The Justice Department organizes the awarding of marriage certificates to both male and female parties.
When registering a marriage, both men and women must be present at the headquarters of the People's Committee, civil status officers shall consult the male and female parties. kiss in the Marriage Register. Civil status officers shall guide the male and female parties to check the contents of the marriage certificate and the marriage registration book, if both parties find the content correct and consistent with the marriage registration dossier, the civil status organization with both male and female parties to sign in the Book; Both male and female parties sign the Marriage Certificate.
In case one or both male and female parties cannot be present to receive the marriage certificate, at their written request, the Justice Department shall extend the time limit for granting the marriage certificate but not exceeding 60 days, counting from the date of receipt of the marriage certificate, from the date the President of the district-level People's Committee signs the marriage certificate.
At the end of 60 days, if the 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 the two parties still want to get married after that, they must carry out the marriage registration procedure from the beginning.
The above article is our firm's perspective towards the provision of getting married in Vietnam 2022. For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:
Hotline: (+84) 911.233.955 - (024) 6293 8326
Doanh Tri Law Firm is pleased to accompany our customers!
Bài viết ngày được thực hiện bởi: nguyenthithuytrang
Chức vụ: Giám đốc công ty
Lĩnh vực tư vấn: Dân sự, Hình sự, Doanh nghiệp
Trình độ đào tạo: Thạc sỹ Luật, MBA
Số năm kinh nghiệm thực tế: 10 năm