Instructions for applying for marriage registration with foreigners

Article overview

Marriage registration with a foreigner opens up opportunities to build happy multicultural families, creating a unique cultural interference between the two peoples. This registration process is strictly regulated by Vietnamese law to protect the marital rights of both parties. Please follow the following article by Long Phan to help you understand the conditions and procedures for marriage registration and complete the registration procedure smoothly and legally.

Steps to register marriage with a foreigner in Vietnam
Steps to register marriage with a foreigner in Vietnam

Conditions for marrying a foreigner

According to Article 126 of the Law on Marriage and Family 2014, when a Vietnamese citizen marries a foreigner, both parties need to meet the marriage conditions of each country and must also comply with the law. Vietnamese law when falling into one of the following cases:

  • If the marriage is conducted at a competent Vietnamese state agency, the foreigner must also comply with the provisions of this Law on marriage conditions;
  • Marriage between foreigners permanently residing in Vietnam at a competent Vietnamese agency must comply with the provisions of this Law on marriage conditions.

Conditions for marriage according to Article 8 of the Law on Marriage and Family 2014 include:

1. Age of marriage: Men must be 20 years old or older, women must be 18 years old or older.

2. Voluntary marriage: Marriage must be decided voluntarily by both men and women, without coercion or coercion.

3. Civil act capacity: Both parties must have full civil capacity.

4. Not subject to marriage ban: Marriage must not fall into one of the cases where marriage is prohibited as prescribed in Points a, b, c and d, Clause 2, Article 5 of the Law on Marriage and Family 2014.

5. The state does not recognize marriage between people of the same sex.

Conditions that must be met when registering a marriage with a foreigner
Conditions that must be met when registering a marriage with a foreigner

Application for registration of marriage with a foreigner

According to the provisions of Decision 1872/QD-BTP issued by the Ministry of Justice on September 4, 2020, the application for marriage registration with a foreigner includes the following documents:

  1. Marriage registration declaration;
  2. Certificate of not having a mental illness or other illness that prevents one from being able to perceive and control one’s behavior;
  3. Documents proving marital status;
  4. Documents proving the foreigner’s marital status;
  5. Foreigners and Vietnamese citizens residing abroad must submit a copy of their passport/valid passport replacement documents;
  6. Certificate of marital status of Vietnamese citizens residing in the country;
  7. Vietnamese citizens who have divorced or annulled their marriage at a competent foreign agency must submit a copy of the civil status extract recording the divorce or annulment of an illegal marriage;
  8. Vietnamese citizens who are civil servants, public employees or serving in the armed forces must submit a document from the management agency or unit certifying that the marriage with a foreigner is not contrary to the regulations of that industry;
  9. In case the person requesting marriage registration is working, studying or working for a limited period of time abroad, he/she must submit a Certificate of marital status issued by the diplomatic representative agency or consular representative agency of Vietnam abroad.

Procedures for registering marriage with foreigners

Competent authority to resolve

The district-level People’s Committee of the place of residence of Vietnamese citizens shall register marriage in the following cases:

  • Between Vietnamese citizens and foreigners;
  • Between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad;
  • Between Vietnamese citizens residing abroad;
  • Between Vietnamese citizens who simultaneously have foreign nationality and Vietnamese citizens or foreigners.

In case a foreigner residing in Vietnam requests marriage registration, the district People’s Committee where either party resides shall register the marriage.

Procedures for registering marriage with foreigners in Vietnam

Pursuant to Decision 1079/QD-BTP. The procedure for registering marriage between Vietnamese citizens and foreigners in Vietnam includes the following steps:

Step 1: Submit marriage registration application

The person requesting marriage registration submits the marriage registration application at the One-Stop Department/Public Administration Center of the competent district-level People’s Committee; Pay the fee if you are required to pay a marriage registration fee.

Step 2: Receive documents and verify documents

  1. The officer receiving documents at the One-Stop Department is responsible for checking the accuracy, completeness, consistency, and validity of the documents.

In case the dossier is complete and valid:

The officer will receive the application, have an appointment card, return the results to the requester or immediately send the appointment card, return the results via email or send a text message to return the results via mobile phone to the requester, and transfer the documents to civil status officials for processing.

In case the dossier is not complete and valid:

The officer will notify the person requesting to supplement and complete the dossier, clearly stating the type of documents and content that needs to be supplemented so that the requester can supplement and complete the file.

In case the person requesting marriage registration fails to supplement or complete the dossier: The officer will report to the Head of the One-Stop Department with a notice of refusal to process the marriage registration request.

  1. The civil status officer verifies the dossier (verifies the consistency and validity of the information in the dossier, papers and documents submitted, presented or attached by the requester).
  • If the dossier is complete and valid, the parties are eligible to get married according to the provisions of the Law on Marriage and Family, and are not subject to refusal to register for marriage according to regulations, the civil status officer shall record the marriage registration in the Marriage Registration Book, update the marriage registration information on the shared electronic civil status registration, and management software, and officially save it.

Step 3: Return the Marriage Certificate

  • The civil status officer prints the Marriage Certificate, submits it to the People’s Committee Leader for signature, and forwards it to the One-Stop Department to return the results to the requester.
  • The person requesting marriage registration (both the man and woman must be present, present identification documents for comparison) checks the information on the Marriage Certificate, in the Marriage Registration Book, confirms the voluntary marriage and signs the Marriage Registration Book, signs the Marriage Certificate, each man and woman receives 01 original copy of the Marriage Certificate.

Note:

  • In case one or both of the male and female parties cannot be present to receive the Marriage Certificate, at their written request, the civil status officer shall report to the Head of the Justice Department to extend the delivery time. Marriage certificate but not more than 60 days from the date the Chairman of the District People’s Committee signs the Marriage Certificate.
  • After 60 days, if both men and women do not come to receive the Marriage Certificate, the civil status officer shall report to the Chairman of the District People’s Committee to cancel the signed Marriage Certificate. If the man and woman still want to marry each other after that, they must proceed with the marriage registration procedure from the beginning.
The process of registering marriage with a foreigner is in accordance with regulations
The process of registering marriage with a foreigner is in accordance with regulations

Instructions for professional marriage registration with foreigners in Long Phan

With many years of experience in the field of marriage with foreign elements, Long Phan has been successfully assisting many customers in completing marriage registration procedures. Below, we will provide customers with marriage registration services for foreigners:

  • Consulting on cases of marriage with foreigners;
  • Consulting on marriage conditions for foreigners and Vietnamese citizens;
  • Consulting and support in preparing marriage documents for foreigners;
  • Consulting competent authorities on marriage registration;
  • Instructions on the order and procedures for registering marriage with foreigners;
  • Answer questions during the marriage registration process.

Registering a marriage with a foreigner is an important journey marking a new beginning in your life. If you need to register your marriage with a foreigner and need detailed advice and professional support, please contact Long Phan immediately via the hotline 0906735386 to ensure that marriage registration is carried out smoothly, in accordance with the law and brings the desired results.