Procedure of marriage registration to foreigner in Vietnam

The Vietnamese or a foreigner get married to a foreigner can register their marriage in Vietnam or at Vietnamese diplomatic missions or consular office abroad.

Procedures of marriage registration to foreigner in Vietnam

1. Marriage counsultation for Vietnamese citizen get married with foreigner.

 Marriage consultation conducted by Marriage Consultancy Center on marriage to a foreigner is compulsory in the procedure of marriage registration between Vietnamese and foreigner in following cases:

 - The age gap between two partners is 20 years or more;
 - This is the third marriage of the foreign partner, or the foreign partner has gone through a divorce from a Vietnamese citizen;
 - The partners do not completely understand about the families and backgrounds of each other; about the languages, traditions, customs, cultures, and laws on marriage and families of each other’s country.

 A Certificate to Vietnamese citizen have been advised on marriage involving foreign elements (hereafter referred to as Certificate of Centre) by the Marriage Consultancy Center on marriage to a foreigner for Vietnam citizens to supplement marriage registration dossier.

 Where the Vietnamese citizens who is fluent in a foreign language or foreigner is fluent Vietnamese, and  during interviews at the Justice Department shows that both sides have an understanding of family circumstances, completely each individual”s situation, understanding of language, customs, traditions, culture, laws on marriage and family in each country, they will be not required the Certifications of Center.

 Where two foreigners get married each other the Certifications of Center is not required.

2. Submission of dossiers of marriage registration:

 Dossier of marriage registration shall be directly submitted by one of two parties at provincial Department of Justice if perform marriage registration in Vietnam or at Vietnamese diplomatic missions or consular office abroad.

 2.1. A dossier for marriage registration is made into 01 set, including the following papers of each party:
 a) The marriage registration declaration (made in standard form);
 b) The written certification of marital status or marriage registration declaration with certification of marital status of Vietnamese citizens, issued within 6 months to the date the dossier is received; documentary evidence on marital status of foreigners, issued by a competent agency of the country of which the applicant is a citizen, within 6 months to the date the dossier is received, stating that such applicant is currently in status of having no wife or no husband;

 In cases where foreign laws do not prescribe the certification of marriage status, it can be replaced by the certification of oath taken by the applicant that he or she concurrently has no wife or husband, in accordance with the laws of those countries;
 c) The medical examination from a Vietnamese or foreign competent health organization within 6 months to the date of receiving the dossier, certifying that such person does not suffer from mental diseases or other diseases which make a person incapable to aware or control his/her acts;
 d) Copies of personal papers, such as identity card or passport (Vietnamese citizens staying in the country), passport or papers of substitute value such as travel document or residence card (for foreigners or Vietnamese citizens living overseas);
 e) Copies of the household registration book, the temporary residence book (for Vietnamese citizens living in the country); permanent residence card, temporary residence card or temporary residence certificate (for foreigners residing temporarily or permanently in Vietnam wish to marry each other).
 f) Certificate of Marriage Consultancy Center on marriage to a foreigner that Vietnamese citizens have been given advice for marriage in compulsory cases mentioned above.

2.2 In addition to the papers prescribed in Clause 1 of this Article, depending on each specific case, the marriage partners shall also have to submit the following corresponding papers:

 a) For Vietnamese citizens being on service in the armed forces or performing jobs directly related to State secrets, they must submit the certification by their managing agencies or organizations of the central or provincial level that their marriages with foreigners do not affect the protection of state secrets or do not contravene the regulations of those branches;
 b) For persons who have already been divorced at foreign competent agencies, they must submit the written confirmation that the divorce which carried out abroad have been recorded in civil status book as prescribed by law of Vietnam.
 c) For Vietnamese citizens who concurrently have foreign nationality, they must also have documentary evidence on marriage status granted by foreign competent agencies;
 d) For foreigners who not reside permanently in Vietnam, they must have written confirmation by foreign competent agencies that such persons are eligible for marriage according to law of that country;
 e) For foreigners who have already been divorced with Vietnamese citizens at foreign competent agencies, they must submit the written confirmation that the divorce which carried out abroad have been recorded in civil status book as prescribed by law of Vietnam.

3. Interviews for marriage registration to a foreigner in Vietnam

 Within 15 days as from the date of receiving the complete and valid dossiers as well as fees, the provincial justice departments shall have the responsibilities to implement the direct interview at head office of provincial Justice department for both marriage partners in order to check, clarify personal matter, voluntary marriage and extent of understanding each other of both marriage partners.

 If the interview result shows that two parties fail to understand status of each other, the provincial Justice department shall make an appointment for re-interview; the next interview shall be performed 30 days after the preceding interview.

 In case where considering that the problem which needs to be verified, the provincial Justice departments shall carry out necessary procedures to verification request.

4. Certificate of marriage registration in Vietnam

 After interviewing both marriage partners, studying and verifying the marriage registration dossiers, opinions of police agencies (if any), the provincial Justice departments shall report result and propose settlement of marriage registration to submit to provincial People’s Committees for decision, enclosed with 01 set of marriage registration dossier.

 Within 05 working days, after receiving the written submission of the provincial justice department together with the marriage registration dossier, the chairman of the provincial People’s Committee shall sign in the certificate of marriage and return dossier to the provincial justice department for holding the ceremony for marriage registration.

 In case refusal for marriage registration, provincial People’s Committees shall have a document clearly stating reason thereof and send it to the provincial Justice department in order to notify both marriage partners.

5. Ceremonies for marriage registration in Vietnam

 Within 05 working days, after the Chairman of the provincial People’s Committee signs the marriage certificate, the provincial justice department shall hold ceremony for marriage registration.

The marriage registration ceremony shall be solemnly organized at the office of the provincial justice department. When the marriage registration ceremony is held, both marriage partners must be present. The representative of the provincial justice department shall preside over the ceremony, requesting both parties to state their final intention on voluntary marriage. If they agree to marry each other, the representative of the justice department shall record the marriage in the marriage registers, requesting each party to sign on the marriage certificate, the marriage register and hand over the original marriage certificate to the husbands and wives, each with one certificate.

 The marriage certificate shall be valid from the date the marriage registration ceremony is organized as provided for in this Article. The grant of copies of the marriage certificate from the original registers shall be implemented by the provincial justice department at the requests of the wives or husbands.

 In the case of dossiers are registered in Vietnamese diplomatic missions abroad. The Vietnamese diplomatic missions overseas will implement interview, certification and hold a ceremony for marriage registration as procedures mentioned above.

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