07:48 | 23/07/2024

What Documents Do Vietnamese Citizens Need to Prepare to Register Marriage with Foreigners? How Are the Marriage Registration Fees with Foreigners Regulated in 2023?

Vietnamese citizens need to prepare what documents to register marriage with foreigners? Ms. Linh - Binh Duong

What documents do Vietnamese citizens need to prepare to register a marriage with a foreigner?

Before proceeding with the procedures to register a marriage with a foreigner, you need to thoroughly prepare the following documents:

- For documents to be presented (Article 10 of Decree 123/2015/ND-CP):

The person requesting to register a marriage must present documents as stipulated in Clause 1, Article 2 of Decree 123/2015/ND-CP:

+ Passport/CCCD (ID Card) or other documents with photo and personal information issued by a competent authority (still valid) to prove the identity of the Vietnamese citizen.

+ Passport/International Travel Document/Residence Card of the foreigner still valid.

- For documents to be submitted (Article 30 of Decree 123/2015/ND-CP):

+ Marriage Registration Form

+ Documents proving the marital status of the foreigner issued by a competent foreign authority still valid, confirming that currently the person does not have a wife or husband; in cases where the foreign country does not issue a marital status confirmation, it can be replaced by documents issued by a competent foreign authority confirming that the person is eligible to marry according to their country's laws.

If the documents proving the marital status of the foreigner do not indicate a validity period, these documents and the medical certification as per Clause 1, Article 38 of the 2014 Civil Status Law are only valid for 6 months from the date of issue.

+ In case the foreigner does not have a passport to present as stipulated in Clause 1, Article 2 of Decree 123/2015/ND-CP, they can present an international travel document or residence card.

+ Besides the documents stipulated in Clause 1, Article 30 of Decree 123/2015/ND-CP, if the marrying party is a Vietnamese citizen who has divorced or annulled a marriage at a competent foreign authority, they must also submit a copy of the vital records extract about the registration of the divorce or annulment of marriage as stipulated in Clause 2, Article 36 of Decree 123/2015/ND-CP; if they are officials or public employees or are serving in the armed forces, they must submit a document from the managing authority confirming that the marriage with a foreigner does not violate regulations of that sector.

*Note: According to Clause 3, Article 2 of Decree 123/2015/ND-CP: “Documents in a foreign language used for registering civil status in Vietnam must be translated into Vietnamese and notarized or certified for translation signature according to legal regulations.”

Marriage registration fee with a foreigner in 2023?

How is the marriage registration fee with a foreigner stipulated?

The marriage fee is stipulated in Point c, Clause 2, Article 5 of Circular 85/2019/ND-CP, amended by Point e, Clause 3, Article 1 of Circular 106/2021/TT-BTC. The marriage fee at the district People's Committee will be decided by the Provincial People's Council (depending on different localities, the fee varies, but generally, the marriage fee ranges from 1,000,000-1,500,000 VND).

Example: Danang has a fee of 1,500,000 VND (Resolution 341/2020/NQ-HDND), Bac Giang 1,000,000 VND (Resolution 11/2022/NQ-HDND)...

How are the procedures for Vietnamese citizens to register a marriage with a foreigner stipulated?

The procedures to register a marriage are implemented according to Clauses 2, 3, 4, Article 38 of the 2014 Civil Status Law and Article 31 of Decree 123/2015/ND-CP:

- Within 15 days from the date of receiving the complete documents as stipulated in Clause 1, Article 38 of the 2014 Civil Status Law, the official handling civil status has the responsibility to verify, if they see the marriage conditions are met as per law, the Department of Justice will report to the President of the district People’s Committee for resolution (Clause 2, Article 38 of the 2014 Civil Status Law).

- If the documents are valid, and the parties meet the marriage conditions as per the Law on Marriage and Family, and the registration is not rejected as per Article 33 of Decree 123/2015/ND-CP, the Department of Justice will report to the President of the district People’s Committee to sign 02 original Marriage Certificates (Clause 2, Article 31 of Decree 123/2015/ND-CP).

- When registering for marriage, both the man and woman must be present at the premises of the People’s Committee; the official handling civil status will ask both parties if they voluntarily marry, and if so, record the marriage in the Civil Status Register, have both the man and woman sign in the Register. Both parties will sign the Marriage Certificate (Clause 3, Article 38 of the 2014 Civil Status Law).

The President of the district People’s Committee hands over the Marriage Certificate to both the man and woman.

- Depending on specific circumstances, if necessary, the Ministry of Justice will report to the Prime Minister of the Government of Vietnam to additionally stipulate interview procedures when processing marriage registration requests to ensure the legal rights and interests of the parties and the efficiency of State management.

*Note: In case one or both parties cannot be present to receive the Marriage Certificate, the Department of Justice may extend the time to hand over the Certificate but no more than 60 days from the signing date of the Certificate as per a written request from the Department of Justice.

After 60 days, if both parties do not come to receive the Marriage Certificate, the signed Marriage Certificate will be canceled (Clause 3, Article 32 of Decree 123/2015/ND-CP).

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