Along with the economic development, the countries around the world are increasingly socio-cultural exchanges. Citizens of each country increasingly have conditions to learn about the culture, society of another country. Accordingly, the marriage with a foreign element is increasing. Vietnam is also not out of that trend, the marriage between Vietnamese and foreigners is increasing.
So, when a foreigner person gets married to a Vietnamese, what conditions should be fulfilled and what procedures should be followed?
I. Conditions for marriage between a foreigner and a Vietnamese
In order to marry, foreigners and citizens of Vietnam must meet the conditions under the provisions of law in each country. However, under Vietnamese law, foreigners and Vietnamese must have a single certificate or other documents proving the eligibility for marriage as prescribed.
In addition, the foreigner must be present at the time of marriage registration.
Ii. Application for marriage registration between a foreigner and a Vietnamese
A dossier of marriage registration with a foreigner and a Vietnamese includes:
– Marriage registration statement;
– Passport or passport replacement document (international travel document, residence card) of the foreigner;
– Iidentity card or passport of Vietnamese citizen;
– Certificate of single Vietnamese citizen issued by the People’s Committee of the ward where he/she resides;
– Valid certificate proving that the foreigner is single or other documents certifying that the foreigner is eligible for marriage registration issued by a competent agency. (In case the Certification does not have a term, it will be effective within 6 months from the date of issue);
– A certificate of a competent Vietnamese or foreign medical organization certifying that the person does not have a mental illness or other disease without being able to perceive or master his / her behavior.
Documents issued by foreign competent agencies must be consularly legalized and Vietnamese translation notarized in accordance with Vietnamese law.
In addition to the above documents, Vietnamese must provide the following documents if:
– The Vietnamese have divorced or canceled their marriage at a foreign competent agency, the Vietnamese must submit a copy of the civil status extract of the record in the divorce book or the marriage cancellation according to the provisions of law;
– A Vietnamese person who is a civil servant or is serving in the armed forces must submit a document from the management agency or unit certifying that such person’s marriage with a foreigner is not contrary to regulations.
Iii. Competent settlement agency
District People’s Committee where Vietnamese reside; or
District People’s Committee where Foregners reside.
iv. Procedures for registration of marriage between foreigners and Vietnamese
Foreigners and Vietnamese people submit 1 set of application for marriage registration at the People’s Committee of the district where they reside.
At the time of submission, the competent authority will check the application, receive and schedule an interview if the application is valid. In case the dossier is incomplete as prescribed, the competent agency will request to amend and supplement the valid dossier in accordance with the law.
Within 10 working days after receiving a complete and valid dossier, the competent agency will review and verify the marriage conditions between a foreigner and a Vietnamese. In case of refusal of marriage registration, the competent authority will notify in writing, clearly stating the reason.
When registering a marriage, a foreigner and a Vietnamese must be present at a competent agency to carry out the marriage registration procedure.
Within 3 working days from the date of approval of marriage registration between a foreigner and a Vietnamese, the competent authority will hand over the marriage registration certificate.
v. Extension of time limit for awarding marriage registration certificate
In case a foreigner and a Vietnamese cannot be present to receive the marriage registration certificate, the parties must submit a written request to the competent authority.
The competent authority will extend the time limit for awarding the Marriage Registration Certificate but no later than 60 days from the date the Marriage Registration Certificate is signed.
After 60 days of extension, if the parties do not come to receive the marriage registration certificate, the foreigner and the Vietnamese must carry out the marriage registration procedures again according to the provisions of Vietnamese law.