Nowadays, many Vietnamese citizens marry foreign nationals but are unsure about the procedures and required steps.
The documents that both the man and woman need to prepare must comply with the provisions of the 2014 Law on Civil Status. Specifically, these are regulated in Article 10, Clause 1, Article 38 of the 2014 Law on Civil Status, and guided by Article 30 of Decree No. 123/2015/ND-CP.
Article 30. Marriage Registration Dossier
- The marriage registration dossier shall be prepared in accordance with Clause 1, Article 38 of the Law on Civil Status and the following provisions:
a) Both the man and woman may complete a joint marriage registration form;
b) Documents proving the marital status of the foreigner must be issued by a competent foreign authority and still valid, confirming that the person currently has no spouse. If the foreign country does not issue a certificate of marital status, it may be replaced with a document issued by a competent authority confirming that the person meets the marriage conditions under that country’s laws.
If the marital status document of the foreigner does not specify its validity period, then this document and the health certificate issued by a competent medical organization (as stated in Clause 1, Article 38 of the Law on Civil Status) are valid for 6 months from the date of issuance.
- If the foreigner does not have a passport as required under Clause 1, Article 2 of this Decree, they may present an international travel document or a residence card.
- In addition to the documents specified in Clause 1, if the Vietnamese partner has previously divorced or had a marriage annulled by a competent foreign authority, they must submit a copy of the civil status extract recording the divorce or annulment as prescribed in Clause 2, Article 36 of this Decree. If the person is a civil servant, public employee, or serving in the armed forces, they must provide a written confirmation from their managing agency/unit stating that marrying a foreigner does not violate the regulations of that sector.
Article 31. Marriage Registration Procedures
The procedure for marriage registration shall comply with Clauses 2, 3, and 4, Article 38 of the Law on Civil Status and the following provisions:
- Within 10 working days from the date of receiving a complete and valid dossier, the Justice Division shall review and verify the dossier if necessary. The Head of the Justice Division is responsible for the appraisal results and proposal regarding the marriage registration.
- If the dossier is valid and both parties meet the conditions for marriage under the Law on Marriage and Family, and do not fall under cases of refusal as specified in Article 33 of this Decree, the Justice Division shall report to the Chairperson of the District People’s Committee to sign two original copies of the Marriage Certificate.
- Depending on specific circumstances, when necessary, the Ministry of Justice may report to the Prime Minister to introduce additional interview procedures when processing marriage registration requests, to ensure the lawful rights and interests of the parties and effective state management.
Conclusion:
Thus, when marrying a foreign citizen, the registration must be carried out in accordance with the above regulations.
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