Marriage Registration with Foreign Element
In Vietnam, marriage registration procedures for foreigners is one of the most challenging processes and causes challenges for couples prior to actually entering into the marriage itself.
In many instances, couples choose to “give up” and accept the reality of marriage life without legal marriage registration – or choose to be legally married in a country with more flexible marriage registration procedures and subsequently return to Vietnam to commence procedures for the “Recognition of marriage validity”. Often, couples spend a lot of time and money to comply with Vietnamese law when registering their marriage.
This article, prepared by CNC introduces the details of Vietnamese marriage procedures such as
- marriage with foreigners
- preparation of documents prior to submission
- identification of the competent authority to settle marriage registration applications for with foreigners
- actual implementation of marriage registration procedures in Ho Chi Minh City, and finally
- frequently asked questions related to marriage registration procedures with foreigners
Who is eligible for marriage registration?
Marriage registration with foreigners must comply with the marriage conditions in accordance with the law and that the person has the nationality and the following conditions in accordance with Vietnamese law, specifically:
Conditions for marriage Article 8.1 Law on Marriage and Family 2014
Instances in which marriages is prohibited
Marriage registration is prohibited in presence of the following instances:
Prohibited cases, Article 8.1 (d) Law on Marriage and Family 2014
Marriage registration procedures with foreigners
Useful notes
- The bride and groom must complete, sign, and submit the marriage application (including related documents) directly and in person.
- Carefully, read and follow the instructions for completing the marriage registration form. Consult with a case manager or an experienced lawyer if necessary.
- When necessary, the bride and groom will receive an interview appointment and attend the interview(s) as required. Household registration books, identification cards, passports, and other forms of identification should be brought to the interview. Notarized photocopies are required..
- Allow 10-working days for the application to be processed, verified, and evaluated. However, actual application processing time should be expected to take up to 25-working days.
- Following the interview(s), the couple will be informed of when to expect the results of the interview and receive the act of marriage certificate.
- An interpreter or qualified and experienced lawyer is necessary and recommended.
- Both parties (bride and groom) must be present to sign the civil status book and the marriage certificate.
Required documents
Parties presenting unique circumstances must prepare the following documents in addition to the documents mentioned above:
For foreign documents, to be eligible for use, follow the diagram below:
Useful notes
Department of Foreign Affairs in Vietnam:
– In Ha Noi: 10 Le Lai, Ly Thai To Ward, Hoan Kiem District, Ha Noi
– In Da Nang: 25th Floor, Administrative Center, 24 Tran Phu, Da Nang
– In Ho Chi Minh City: 6 Alexandre De Rhodes Street, Ben Nghe Ward, District 1, Ho Chi Minh City
The parties must directly prepare, sign and submit application
Be aware of the content and how to fill in the registration form. Refer to the instructions of a case manager or an experienced lawyer
When necessary, the parties will receive an interview schedule and attend the interview (s) as required
Refer to the list of countries and the types of documents exempted from consular legalization from the website of the Consular Department – Ministry of Foreign Affairs of Vietnam at: https://lanhsuvietnam.gov.vn/danhsachmienHPHLS
Competent authority for registering marriages with foreigners
At the local People’s Committee of the district where the Vietnamese citizen resides or the residence of either of the foreign parties can register the marriage.
Marriage Registration with Foreigners in Ho Chi Minh City
Competent authorities:
Justice Department of the People’s Committee of the district where the Vietnamese citizen resides
Documents to prepare:
| No. | Document | Notes |
| 1 | Written certification of marital status of each party |
|
| 2 | Written certification that the applicant does not suffer from any mental or medical disorders which render him or her incapable of being aware of and controlling his/her actions
|
|
| 3 | Permanent or temporary residence card for foreigners residing in Vietnam |
|
| 4 | Form for marriage registration |
|
| 5 | The household registration, Vietnamese ID card (for Vietnamese citizens) |
|
| 6 | 3×4-photo on a white background |
|
Cost: 1,000,000 VND (One million Vietnam dong)
Processing time: 15-working days from the date that the completed and valid application is submitted.
Frequently Asked Questions:
Below is the list of questions pertaining to marriage registration with foreign elements often encountered by CNC:
Regarding competent authorities for registering marriages
“Me and my husband are German citizens and both of us have resided in Vietnam for 05 years. We now wishes to register marriage in Vietnam, is it possible or do we have to return to Germany? If it is possible, which is the competent authority that hold jurisdiction over the registration of our marriage?”
It is possible to register marriages in Vietnam and district-level People’s Committee hold the jurisdiction over the registrations of your marriage.
“My permanent residence is registered at Tan Quy Ward, District 7, Ho Chi Minh City, my fiancé is a Vietnamese citizen who works in Japan, he currently has two nationalities, namely Vietnamese and Japanese. Currently, we wish to register our marriages in Vietnam, therefore, we want to know which is the competent authority that hold jurisdiction over the registration of our marriage?”
Since your fiancé has two nationalities, namely Japanese and Vietnamese, your situation is considered marriage registration with foreign elements. In such situation, the judicial department of the district-level People’s Committee where the Vietnamese citizen reside shall hold the authority over the registration of the marriage, which is the judicial department of the People’s Committee of District 7 in your specific case.
The procedures for marriage registration with foreign elements
“I am a Thai citizen, I wish to marry my Vietnamese fiancée. In order to schedule my trip to Vietnam, i wish to know how long the procedures for marriage registration would take”
For marriage registration, the following documents must be prepared:
- Confirmation of martial status of both parties
- Confirmation of no mental disorder or any other illness that would result in loss of recognition and control over actions.
- Confirmation of Temporary Residence for the foreigner
- Marriage Registration Form
- Household registration book, Identification Card of the Vietnamese citizen
- 3×4 photo with white background
Procedures for Consular Legalization
“What should I do to perform the procedures for consular legalization?”
According to Circular No. 01/2012/TT-BNG, the procedures for consular legalization include the following steps:
Step 1. Submit the dossier: Submission could be made directly at the office or via post office to the address of Consular Department (40 Tran Phu, Ba Dinh, Hanoi) or Department of Foreign Affairs of Ho Chi Minh City (184 Bis Pasteur, District 1, Ho Chi Minh City) or the headquarters of local foreign affairs agency authorized by Ministry of Foreign affairs to receive application for consular certification, consular legalization.
For dossier’s components, please refer: https://www.mofahcm.gov.vn.
Step 2. Consular Department, Department of Foreign Affairs of Ho Chi Minh City evaluate the submission
Step 3. Receive results directly at the office (Follow the receipt) or via post office (If submission is made via post office)
“I’m a Vietnamese and i want to make preparations for my marriage with my Cambodian fiancé, we are currently preparing the documents and we are wondering whether or not would my fiancé’s documents, which were issued by Cambodian’s authorities, require consular legalization”
In accordance with Clause 9.4 Decree No. 111/2011/ND-CP dated December 5th, 2011 of the Government on consular certification and consular legalization, documents and materials received by both domestic or foreign competent authorities shall be exempted from consular certifications, consular legalization requirements, provided that the receiving authority does not requests such requirements and such actions are consistent with the laws.
According to Circular No. 01/2012/TT-BNG dated March 20th, 2012 of the Ministry of Foreign Affairs on guideline for the implementation of some provisions of Decree No.111/2011/ND-CP dated December 5th, 2011 of the Government on consular certification and consular legalization, Cambodia is one of the countries that would has no requirements for consular certification and consular legalization. Therefore, your fiancé’s documents neither require consular certification nor consular legalization.
For more information, please refer: https://lanhsuvietnam.gov.vn/danhsachmientru HPHLS
“I want my documents legalized for marriage registration, where should I go to perform this procedure?”
You could either make direct submission at the office or send the submission via post office to Consular Department (40 Tran Phu, Ba Dinh, Hanoi) or Department of Foreign Affairs of Ho Chi Minh City (184 Bis Pasteur, District 1, Ho Chi Minh City) or the headquarters of local foreign affairs agency authorized by Ministry of Foreign affairs to receive application for consular certification, consular legalization.
Marriage Registration Requirements
“I’m a Canadian who has been living and working in Ho Chi Minh since 2015. I wish to marry my fiancé, a Vietnamese citizen. What are the requirements for me to get married in this situation?”
To marry a Vietnamese citizen, you must meet the marriage requirements listed in Clause 8.1 Law on Marriage and Family 2014, including:
- 20 ages or above for male, 18 ages or above for female;
- Both parties enter the marriage voluntarily; both parties have full civil act capacity; and
- Does not belong to cases where marriage is forbidden
Simultaneously, you must satisfy the marriage requirements of the country of nationality, which is Canada in your specific case.
“I’m currently making preparations for marriage registration, however, I find out that my fiancé – A Chinese citizen – has already entered into a marriage in China and has yet to divorce. Is it possible for me to continue with my marriage registration? And what should I do in this situation?
If your fiancé is currently married, you can’t continue your marriage registration with this person in Vietnam due to the monogamy policy pursued by the Law of Vietnam. You and your fiancé could only enter into a marriage if your fiancé divorce his current wife and reclaim the single status.
Relevant Procedures and Fees
“I’m currently living and working in Ho Chi Minh City. together with my husband – a British citizen, we wish to register our marriage and we are required to provide confirmation on the state of our health. So where could we obtain such confirmation and what kind of health diagnosis is required?”
You require confirmation of no mental disorder or any other illness that would result in loss of recognition and control over actions. To obtain it, please contact Psychiatric Hospital – Ho Chi Minh City, 766 Vo Van Kiet, Ward 1, District 5, Ho Chi Minh City to schedule a health check. Cost: 600.000/ person (VND)
“Where can I obtain confirmation of temporary residence for foreigners?”
The competent authority for issuing confirmation of temporary residence for foreigners is the District-level Police located at the foreigner’s temporary residence.
“Could the procedure for marriage registration between Vietnamese and foreigner be entrusted to lawyers for undertaking”
During the marriage registration, the following works must be done by the directly involved party: (i) Submit the application to competent authorities; (ii) Interviewed by the competent authorities on the requirements for marriage; and (iii) If all of the requirements are satisfied, both parties must be available at the office to sign and present identification documents to receive the Marriage Registration Certificate.
As such, the procedures for marriage registration could not be entirely entrusted to lawyers. Instead, the Lawyers could guide and counsel parties on the procedures, the preparation of dossier and support parties throughout the implementation of the procedure.
“Where can I obtain confirmation on the marital status?”
The competent authorities for the issuance of confirmation on the marital status include:
- Ward-level People’s Committee of the place where the Vietnamese citizen last reside prior to the emigration. The confirmation of marital status is applied only to the time period prior to the emigration
- Vietnam’s Consulate or Embassy of the place where the involved party has temporarily resided for more than 6 months prior to the immigration. The confirmation of marital status is applied only to the period of temporary residency at that country.
“I’m a Vietnamese citizen who wish to marry my fiancée – a Korean citizen. However, due to her works, she could not move to Vietnam for the time being. Could I undertake the marriage registration by my self? Or is my wife’s presence mandatory?”
Both of you must be available to perform the actions for marriage registration, such as: sign, answer interview and receive Marriage Registration Certificate.
“What are the fees for the marriage registration between a Vietnamese and a foreigner?”
The fees for the procedures for marriage registration is estimated to be around 2.200.000 VND (Two millions, two hundred thousands dong)
Which include:
- Fee for marriage registration, and
- Fee for Health Check
Disclaimer:
This article is prepared or used for the purposes of introducing or updating clients on information about matters and/or the developments of legal perspective in Vietnam. The information contained within this article does Not constitute advice of any kind and could be subjected to changes without prior notice.
