When a
foreigner marrying a Vietnamese, this is cross cultural marriage with
challenges and complexity in relationships which could be legally difficult.
The Vietnam laws on Marriage and Family on marriage and family relations
involving foreign elements provide legal grounds to avoid false marriages to
gain citizenship or conduct human trafficking.
The following
should be taken into consideration when a foreigner marrying a Vietnamese.
However due to the complexity, it is suggested family
lawyers in Vietnam to be consulted to ensure the correct processes and
procedures are carried out in timely manner:
Marriage consultation:
If marriage
registration between a foreigner and a Vietnamese belongs one of the following
cases, Vietnamese citizen must be consulted by the provincial Marriage
Consultancy Center: i) the age gap between two partners is 20 years or more;
ii) this is the third marriage of the foreign partner, or the foreign partner
has gone through a divorce with a Vietnamese citizen; iii) the partners do
not completely understand about the families and backgrounds of each other;
about the languages, traditions, customs, cultures, and laws on marriage and
families of each other’s country.
After being
advised on marriage consultation, Vietnamese citizen will be issued a
certificate by Marriage Consultancy Center (hereafter referred to as
Certificate) which is part of the application dossier.
When the
Vietnamese citizens is fluent in a foreign language or foreigner is fluent in
Vietnamese, and the interviews at the Justice Department show that both
sides have an good understanding of family circumstances,
personal situation, and the understanding of language, customs,
traditions, culture, laws on marriage and family in each country, the
Certificate will not be needed.
Submission for marriage registration
One of two parties
would submit directly to provincial Department of Justice of province where the
Vietnamese citizen applicant resides. A dossier of marriage registration
is prepared including the following papers of each party:
a) The marriage
registration declaration (standard form);
b) The papers of
marriage status of each party:
Vietnamese shall
provide the written certification of marital status issued by the People’s
Committee where he/she resides.
Foreigner shall
provide the documentary evidence on marital status of foreigners issued
by a competent agency of the country of which the applicant is a citizen. In
cases where foreign laws do not prescribe the certification of marriage status,
it can be replaced by the certification of oath taken by the applicant that he
or she concurrently has no wife or husband, in accordance with the laws of
those countries; the written certificate of marriage eligibility issued by a
competent agency of the country of which the applicant is a citizen (unless
laws of this country do not regulate about this document); for foreigners
who have already been divorced with Vietnamese citizens at foreign competent
agencies, they must submit the written confirmation that the divorce which
carried out abroad have been recorded in civil status book as prescribed by law
of Vietnam.
c) The medical
examination from a Vietnamese or foreign competent health organization,
certifying that such person does not suffer from mental diseases or other
diseases which make a person incapable to aware or control his/her acts;
d) Copies of
personal papers, such as identity card or passport, passport or papers of
substitute value such as travel document or residence card;
e) Copies of the
household registration book, the temporary residence book (for Vietnamese
citizens living in the country); permanent residence card, temporary residence
card or temporary residence certificate (for foreigners residing temporarily or
permanently in Vietnam).
f) Certificate of
Marriage Consultancy Center on marriage to a foreigner that Vietnamese citizens
have been given advice for marriage in compulsory cases mentioned above.
All documents
provide by parties have to have valuation within 6 months to the date when the
dossier is received.
Interviews for marriage registration to a foreigner in
Vietnam
Within 15 days as
from the date of receiving the complete and valid dossiers as well as fees, the
provincial Department of Justice shall have the responsibilities to implement the
direct interview at head office for both marriage partners in order to check,
clarify personal matter, voluntary marriage and extent of understanding each
other of both marriage partners.
If the interview
result shows that two parties fail to understand status of each other, the
provincial Department of Justice shall make an appointment for re-interview;
the next interview shall be performed 30 days after the preceding interview.
In cases there are
issues which need to be verified, the provincial Department of Justice shall
carry out necessary procedures to verify.
Certificate of marriage registration in Vietnam
After interviewing
both marriage partners, studying and verifying the marriage registration
dossiers, opinions of police agencies (if any), the provincial Department of
Justice shall report result and propose settlement of marriage registration to
submit to provincial People’s Committees for decision, enclosed with 01 set of
marriage registration dossier.
Within 05 working
days, after receiving the written submission of the provincial justice
department together with the marriage registration dossier, the chairman of the
provincial People’s Committee shall sign in the certificate of marriage and
return dossier to the provincial Department of Justice for holding the ceremony
for marriage registration.
In case refusal
for marriage registration, provincial People’s Committees shall have a document
clearly stating reasons thereof and send it to the provincial Department of
Justice in order to notify both marriage partners.
Ceremonies for marriage registration in Vietnam
Within 05 working
days, after the Chairman of the provincial People’s Committee signs the
marriage certificate, the provincial Department of Justice shall hold ceremony
for marriage registration.
The marriage
registration ceremony shall be solemnly organized at the office of the
provincial Department of Justice. When the marriage registration ceremony is
held, both marriage partners must be present. The representative of the
provincial Department of Justice shall preside over the ceremony, requesting
both parties to state their final intention on voluntary marriage. If they
agree to marry each other, the representative of the Department of Justice shall
record the marriage in the marriage registers, requesting each party to sign on
the marriage certificate, the marriage register and hand over the original
marriage certificate to the husbands and wives, each with one certificate.
The marriage
certificate shall be valid from the date the marriage registration ceremony is
organized as provided. The grant of copies of the marriage certificate from the
original registers shall be implemented by the provincial Department of Justice
at the requests of the wives or husbands.
