Is it possible to marry a foreigner in Vietnam? What conditions must be met to marry a foreigner in Vietnam?

Is it possible to marry a foreigner in Vietnam?

I am an overseas Vietnamese, recently I have met a Vietnamese woman. She is married and has an own child. She was married before, after living together for a while, she went back to live with her parents. Because she did not register her marriage, she did not go to court to confirm the divorce. So please ask: Such marital status according to Vietnamese law, if I get married and hold a wedding ceremony with her, will it violate the law?

Reply:

Pursuant to Article 53 of the Law on Marriage and Family 2014:

1. A court shall accept divorce petitions in accordance with the civil procedure law.

2. For a couple who has not registered their marriage but requests a divorce, the court shall accept the case and declare non-recognition of their spousal relationship under Clause 1, Article 14 of this Law; and shall settle any children- or property-related requests according to Articles 15 and 16 of this Law.

And Article 11 of the Law on Marriage and Family 2000 also states the same point of view. Therefore, marriages both under the New Law and the Old Law must be registered at a competent authority. A man and a woman who are not married to each other but live together as husband and wife cannot be recognized as husband and wife.

Therefore, Vietnamese law does not have an actual marriage relationship between your girlfriend and her ex-husband. Your girlfriend is still single. So you have the right to register your marriage and hold a wedding with that girl.

However, before marrying you. The girl above must determine marital status to prove her single status. Since you are a foreigner, if you make a marriage registration, you and the girl above go to the People's Committee of the district where the girl permanently resides for marriage registration procedures in Vietnam.

What conditions must be met to marry a foreigner in Vietnam?

He and I got to know each other after a coincidence, he is an Englishman who came to Vietnam to travel. Over time, we got married. So I want to find out, what conditions need to be met to get married with a foreigner? Hoping for your help.

Reply:

Pursuant to the provisions of Article 8 of the Law on Marriage and Family 2014, conditions for marriage are as follows:

1. A man and a woman wishing to marry each other must satisfy the following conditions:

a /The man is full 20 years or older, the woman is full 18 years or older;

b/ The marriage is voluntarily decided by the man and woman;

c/ The man and woman do not lose the civil act capacity;

d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law."

2. The following acts are prohibited:

a/ Sham marriage or sham divorce;

b/ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

c/ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;

d/ Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;"

2. The State shall not recognize marriage between persons of the same sex.

So, when you get married, you need to meet the above conditions in Vietnam. According to this Article, each party must comply with its law provisions on marriage conditions, in addition, foreigners must meet the marriage conditions according to Vietnamese law when conducting marriage procedures in Vietnam.

What are procedures for marriage registration with a foreigner in Vietnam?

I studied abroad in the US for a while, got acquainted with a person of Vietnamese origin but was born and raised in the US. Through the time we got to know, we get married, he recently flew to Vietnam, he only stayed for more than 1 week, it was not long to go through the marriage registration procedures. So I asked you to guide me in the order and procedures for marriage registration with a foreigner so that I could proceed quickly. Looking forward to your support.

Reply:

1. Competence to register marriage: The People's Committee of the district where the Vietnamese citizen resides shall register the marriage between a Vietnamese citizen and a foreigner;

2. Marriage registration documents:

- A marriage registration dossier is made according to the provisions of Clause 1, Article 38 of the Law on Civil Status and the following provisions:

+ Both male and female parties can make a joint declaration on marriage registration;

+ Papers proving the marital status of a foreigner are papers issued by a foreign competent authority which are still valid for use certifying that the person currently has no wife or no husband; In case the foreign 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 under the laws of that country.

If the document proving the marital status of the foreigner does not have an expiry date, this document and the certification of the medical organization as prescribed in Clause 1, Article 38 of the Law on Civil Status are only valid for 6 months, from the date of issue.

- In case a foreigner does not have a passport to present as prescribed in Clause 1, Article 2 of this Decree, he/she may present an international travel document or a residence card.

- In addition to the papers specified in Clause 1 of this Article, if the married party is a Vietnamese citizen who has divorced or canceled the marriage at a foreign competent authority, a copy of the civil status extract must also be submitted. record in the book the divorce or annulment of the marriage as prescribed in Clause 2, Article 36 of this Decree; if he is a civil servant or public employee or is serving in the armed forces, he/she must submit a document from the management agency or unit certifying that his/her marriage to a foreigner is not contrary to the regulations of that branch.

3. Order of marriage registration:

The order of marriage registration shall comply with the provisions of Clauses 2, 3 and 4, Article 38 of the Law on Civil Status and the following provisions:

- Within 15 days after receiving complete papers specified in Clause 1 of this Article, civil status officers shall verify; if seeing that the law-prescribed marriage conditions are fully met, the district-level Justice Division shall report to the chairperson of the district-level People's Committee for settlement.

- Upon marriage registration, both male and female partners must be present at the head office of the People's Committee, the civil status officer shall ask for opinions of the male and female partners. If seeing that they voluntarily marry each other, the civil status officer shall record the marriage in the civil status book and together with the male and female partners sign in the civil status book. The male and female partners shall both sign in the marriage certificate.

The chairperson of the district-level People's Committee shall hand the marriage certificate to the couple.

- The Government shall stipulate additional papers in marriage registration dossiers, interview to verify the marriage purpose when settling marriage registration requests; procedures to grant marital status certificates to Vietnamese citizens for marrying foreigners at competent foreign agencies overseas in order to guarantee lawful rights and interests of parties.

4. Organization giving marriage certificate:

- Within 03 working days from the date the President of the district-level People's Committee signs the marriage certificate, the Justice Division shall organize the handing over of the marriage certificate to the two parties.

- The granting and receiving of marriage certificates shall comply with the provisions of Clause 3, Article 38 of the Law on Civil Status.

The marriage certificate is valid from the date it is recorded in the book and given to the parties as prescribed in this Clause.

- In case one or both male and female parties cannot be present to receive the marriage certificate, at their written request, the Justice Division shall extend the time limit for granting the marriage certificate but not exceeding 60 days. from the date on which the President of the district-level People's Committee signs the marriage certificate. After 60 days, if the man and woman do not come to receive the marriage certificate, the Justice Division 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.

Here is the consultation.

Best regards!