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

Is it possible to marry with foreigners in Vietnam?

I am an overseas Vietnamese, recently I have met a Vietnamese woman. She is married and has a her 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 be illegal?

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 marital 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.

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, the 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.

+ Sham marriage or sham divorce;

+ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

+ 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;

+ 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 us to 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 please ask 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:

1. The male and female partners submit a declaration, made according to a set form, and a written certification of a competent Vietnamese or foreign health organization stating that he/she does not suffer any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts to the civil status registration agency.

Foreigners and Vietnamese citizens residing abroad shall additionally submit papers proving their marital status and copies of their passports or valid passport substitute papers.

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 10 working days from the date of receipt of complete and valid dossiers, the Justice Department shall conduct research, verify the dossiers and verify if necessary. The Head of the Justice Division is responsible for the examination results and the Justice Department's proposal in handling the marriage registration dossier.

- If the application is valid, the parties are eligible to get married under the provisions of the Law on Marriage and Family, and are not in the case of refusal to register for marriage under Article 33 of this Decree, the The judiciary reports to the President of the district-level People's Committee to sign 02 originals of the marriage certificate.

- Based on the specific situation, when necessary, the Ministry of Justice shall report to the Prime Minister to prescribe additional interview procedures when handling marriage registration requests in order to ensure the legitimate rights and interests of the parties and effective state management.

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!