The procedure for marriage registration with a foreigner is stipulated in Law on Civil Status 2014, Decree 123/2015/ND-CP and Circular 04/2020/TT-BTP.
Article table of contents
Vietnam: Procedures for marriage registration involving foreign elements (Illustrative image)
Article 38 of the Civil Status Law 2014 guided by Articles 30, 31, and 32 of Decree 123/2015/ND-CP and Article 11 of Circular 04/2020/TT-BTP stipulates the procedures for marriage registration in Vietnam:
1. Component of the application:
- Marriage registration application form.
- Valid passport, identity card, citizen ID card, or other papers with a photo and personal information issued by a competent authority to prove identity.
(If the foreigner has no passport for presentation, he/she may present an international travel paper or a residence card).
- Documents proving the marital status of the foreigner:
+ a document issued by a foreign competent authority and remaining valid and certifying that the holder is single.
+ If the foreign country does not issue a document certifying marital status, an equivalent document issued by the foreign competent authority certifying the holder’s eligibility for marriage as prescribed in law of such country is required.
(If the document certifying the marital status of a foreigner has an indefinite term, such document and the certificate issued by the health facility as prescribed in Clause 1 Article 38 of the Law on civil status shall only remain valid in 6 months from the date of issue.).
- Written certification of a competent Vietnamese or foreign health organization stating that he/she does not suffer from any mental or other diseases that deprive him/her of the ability to perceive and control his/her acts to the civil status registration agency.
- A copy of vital records about such divorce or marriage annulment if the Vietnamese citizen has divorced or annulled a marriage at a competent foreign authority.
- A document issued by the authority certifying that his/her marriage to the foreigner is conformable with regulations of such sector if the person is an official, public employee, or serving in the armed forces.
2. Marriage registration procedures:
- Within 15 days from the date of receiving all the required documents, the civil status officer is responsible for verification. If the conditions for marriage under the law are met, the Department of Justice shall report to the Chairman of the District People's Committee for resolution.
- The verification in the marriage registration procedures is carried out according to the instructions in Clause 1, Article 11 of Circular 04/2020/TT-BTP:
+ Within 10 working days starting from the date of receipt of the adequate application, the district-level justice authority shall review and appraise the application for marriage registration. If there is any complaint or denunciation that the marriage conditions have not been fulfilled according to regulations in the Law on Marriage and Family or it is deemed that some issue concerning the record of the male or female partner or a document in the application needs to be clarified, the district-level justice authority shall cooperate with relevant authorities in verification.
+ During the investigation and verification process, if necessary, the district-level justice authority may meet the parties in person to clarify their records, whether they enter into the marriage voluntarily and the marriage purpose.
- If the application is considered satisfactory, and both partners meet conditions for marriage as prescribed in the Marriage and Family Law and are not subject to refusal cases prescribed in Article 33 of Decree 123/2015/ND-CP, the Division of Justice shall request the President of People’s Committee of district to sign 2 originals of marriage certificates.
- Under particular situations, whenever necessary, the Ministry of Justice shall request the Prime Minister to provide additional regulations on inquiry procedures included when the application for marriage registration is processed so as to protect lawful rights and interests of the partners and ensure the effective state management.
3. Issuance of the marriage certificate in Vietnam:
- 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 the 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.
- Within 3 working days from the date on which the President of the People’s Committee of the district signs marriage certificates, the Division of Justice shall grant marriage certificates to the partners in person.
- The marriage certificates shall be valid from the date on which they are documented in the vital records and granted to the partners.
- If either or both partner(s) cannot present to receive marriage certificate(s), the Division of Justice shall, upon their request in writing, give an extension of the granting period providing not exceeding 60 days, from the date on which the President of People’s Committee of district signs marriage certificates. Upon expiration of such a 60-day period, if both partners fail to present and receive marriage certificates, the Division of Justice shall request the President of the People’s Committee of the district to cancel the signed marriage certificates.
If the partners still wish to get married thereafter, they shall follow the procedures for marriage registration from the beginning.
Phuong Thanh
