Is it simple to register marriage between a Vietnamese and a foreigner in Vietnam?

 

Written by: Truc Nguyen

Is it simple to register marriage between Vietnamese and foreigner in Vietnam?

Sorry to say that it is not. For a marriage between a Vietnamese couple, they just go to the Commune-level People’s Committee where one of them has permanently resided to register with a valid certificate on single status. For one between a Vietnamese and a foreigner, some more procedures and documents to be collected and of course, more time to be spent.

So, BLawyers Vietnam would like to share some notes in the marriage registration with foreigner for your consideration and preparation as follows:

General provisions

Law on Civil Status 2014 and the Decree No. 123/2015/ND-CP of the Government regulate marriage registration between Vietnamese and foreigners. Here is some requirements for marriage registration:

1. Documents required

Necessary documents shall include the followings:

      1. An application form for marriage registration (both of applicants must sign on this application before the witness of the State officer in-charged);
      2. Notarized-as-true copies of identity card for the Vietnamese and of passport or other similar documents for the foreigner;
      3. Certificate of marital status confirming that both are currently not in marriages and there has been no impediment to enter into the proposed marriage;
      4. Health certificates of both applicants issued by competent hospitals; and
      5. In case the Vietnamese individual obtained a divorce verdict or a marriage annulment at a foreign competent authority, he/ she shall also submit a copy of record about such divorce or marriage annulment.

2. Timeline for settling marriage dossier and competent authority

Registration of marriage with foreigner takes about 13 – 15 working days from the day the in-charge State officer received a valid application dossier from applicants.

District-level People’s Committee (the “PC”) where the Vietnamese has permanently resided or temporarily resided shall consider and settle the application dossier.

On the date receiving the marriage certificate per the invite of State authority, both applicants must present at that authority’s office to sign on the certificate. Such certificate would not be issued if anyone is absent.

Marriage certificate is valid from the date on which they are documented in the vital records and granted to the partners.

Our practical experience

Though having prepared all documents as legally prescribed as above, we experienced that the State authorities might require family book and/ or temporary residence registration book of Vietnamese individual. If the Vietnamese and/or the foreigner divorced or having their previous spouse died, they must submit a divorce decree or death certificate. In addition, they also need to translate all documents shown in foreign language into Vietnamese with a notarization at a competent authority.

In addition, the foreigner should note on getting an affirmation at the competent authority on their ability to satisfy marriage condition in Vietnam.

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