Can a foreigner marry a Vietnamese husband or wife to permanently reside in Vietnam?

Can a foreigner marry a Vietnamese husband or wife to permanently reside in Vietnam?

According to Article 39 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014, regulations on cases considered for permanent residence are as follows:

1. Foreigners who have contributed to the development and protection of Vietnam and are awarded medals or titles by Vietnam’s government.

2. Foreigners who are scientists or experts temporarily residing in Vietnam.

3. Any foreigner sponsored by his parent, spouse, or child who is a Vietnamese citizen and has a permanent residence in Vietnam.

4. Any person without nationalities who has had a temporary residence in Vietnam from 2000 or earlier.

Thus, according to the current regulations, his wife is Maylaysian but if she is married to him, she may be considered for permanent residence in Vietnam.

What are the conditions for foreigners marry a Vietnamese husband or wife to permanently reside in Vietnam?

According to Article 40 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014, the conditions for consideration for permanent residence are as follows:

1. Any of the foreigners mentioned in Article 39 of this Law may be granted permanent residence status if he/she has a legitimate residence and is making a decent living in Vietnam.

2. Foreigners mentioned in Clause 2 Article 39 of this Law must be proposed by the Ministers, Heads of ministerial agencies or Governmental agencies in corresponding fields.

3. Any of the foreigners mentioned in Clause 3 Article 39 who have had a temporary residence in Vietnam for 03 consecutive years or more.

According to this Article, at Point a, Clause 2, Article 5 of Circular 31/2015/TT-BCA regulating permanent residence settlement as follows:

2. Determination of duration of temporary residence in Vietnam of a foreigner applying for permanent residence (hereinafter referred to as applicant):

a) The applicant has temporarily resided in Vietnam for at least consecutive 3 years as prescribed in Clause 3 Article 40 of the Law according to the entry and exit visa borne at the checkpoint within latest 4 years from the date on which the application for permanent residence is submitted.

According to the regulations, your wife will need to temporarily reside in Vietnam for 03 years. The determination of the length of stay will depend on the entry and exit proof marks issued at the border gate.

Best Regards!