1. Conditions to be married to a foreigner

A Vietnamese citizen’s marriage to a foreigner must also comply with the conditions specified in Clause 1, Article 8 of the Law on Marriage and Family 2014 as follows:

Accordingly, the cases of marriage ban specified at Points a, b, c and d, Clause 2, Article 5 of the Law on Marriage and Family 2014 are:

– Fake marriage, fake divorce;

– Child marriage, forced marriage, cheating on marriage, obstructing marriage;

– A married person who is married or cohabiting as husband and wife with another person or unmarried or unmarried but marries or cohabits as husband and wife with a married person;

Thus, if one of the two parties does not satisfy the above marriage conditions, the marriage cannot be registered according to the provisions of Vietnamese law.

2. Application for registration of marriage with a foreigner

Pursuant to Article 30 of Decree No. 123/2015/ND-CP, a dossier for marriage registration with a foreigner includes the following papers:

– Marriage registration declaration of each party according to the prescribed form;

– Documents proving the marital status of foreigners. This is a valid document issued by a foreign competent authority confirming that the person is currently unmarried or unmarried; 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 a competent Vietnamese or foreign medical organization certifying that the person does not suffer from mental illness or another disease without the ability to perceive or control their own behavior is only valid for 6 months from the date of issue.

– In case foreigners do not have a passport to present, they can present an international travel document or a residence card.

– If the married party is a Vietnamese citizen who has divorced or annulled the marriage at a foreign competent authority, a copy of the civil status extract is also required to record the divorce or marriage annulment. ; 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 and procedures for marriage registration with a foreigner

According to the provisions of Article 38 of the Law on civil status 2014 and Articles 31 and 32 of Decree No. 123/2015/ND-CP detailing a number of articles and measures to implement the civil status law, the order and procedures for registration Kissing is defined as follows:

Step 1: Submit your application

The male and female parties shall submit a declaration according to the prescribed form and a certification from a competent Vietnamese or foreign medical organization certifying that such person does not have a mental illness or other disease without cognitive ability. control their behavior for the civil status registration agency (the People’s Committee of the district where the Vietnamese citizen resides shall register the marriage between a Vietnamese citizen and a foreigner).

Foreigners must submit additional documents proving their marital status, a copy of the passport or a valid document in lieu of the passport.

Step 2: Receipt of application

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.

If the dossier is valid, the parties are eligible to get married and are not in the case of refusal to register their marriage as prescribed by law, the Justice Division shall report to the President of the district-level People’s Committee to sign 02 originals of the marriage registration certificate. certificate of marriage.

When registering marriage, both men and women must be present at the headquarters of the People’s Committee, civil status officers shall consult the male and female parties, if the parties voluntarily get married, write the marriage. in the civil status book, together with the male and female parties, sign in the civil status book. Both male and female parties sign the Marriage Certificate.

Step 3: Give 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.

4. Authority to register marriage with a foreigner

The authority to register marriage with a foreigner is specified in Clause 1, Article 37 of the 2014 Law on Civil Status as follows:

Accordingly, the marriage registration dossier must be submitted to the district-level People’s Committee of the place where the Vietnamese citizen resides to register his/her marriage with a foreigner.

Above is the advice of Khoa Tin Law on “Things to note when marrying a foreigner”.

In case customers have unclear issues or need to discuss further, please call us immediately at 0983.533.005 for a free consultation.

Best regards./.