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Procedures for marriages between Vietnamese citizens and foreigners

VGP - Some provisions on marriage and family relations involving foreign elements as stipulated in Việt Nam's Law on Marriage and Family.

September 07, 2008 9:15 AM GMT+7

Question: What provisions is a Vietnamese citizen obliged to follow if he/she wants to get married to a foreigner? Where can he/she submit the notice of marriage?

Answer: Both sequences and provisions for marriage registration involving foreign elements are apparently stipulated by the Vietnamese Government in Decree 68/2002/NĐ-CP dated on July 10, 2002 instructing in details the Law on Marriage and Family’s some provisions on foreign-related marriage and family relations.

Article 13. Marriage Documentation

1. A marriage documentation individually consists of the following papers: 

a/ A form of marriage registration certified by competent organizations within six months by the date of reception, indicating that the person concerned has no wife or husband;

Concerning foreigners, their marital status may be confirmed in a separate document. In case there is no obligation of the confirmation under foreign laws, the foreigners concerned must alternatively present their certified vow that they really don't have any wife or husband at the time being;

b/ A health statement provided by competent clinics in Việt Nam or other countries within six months by the date of reception, certifying that the person concerned has no contact to any metal problems or, in case of suffering some metal problems, is still able to maintain their self-consciousness; 

c/ A copy of Identify Card (Vietnamese citizens at home); passport or alternative papers (foreigners or overseas Vietnamese);

d/ A copy of the family record book or temporary residence card (Vietnamese citizens at home), residence or temporary residence cards (foreigners settling in Việt Nam); 

đ/ Curriculum vitae.

2. Apart from the papers mentioned in Item 1, the person concerned might be required to submit the following papers: 

a/ Vietnamese citizens serving in armed forces or engaging in the activities of national secret have to present confirmations from their office/central or provincial-level competent administers, stating that their marriage with foreigners will not do harm to national secrets or against regulations of the sector;

b/ Any divorcee is asked to submit a copy of their divorce verdict/decision;

In case the verdict or divorce decision made by foreign courts or other competent organizations need to be registered in line with legal regulations on birth, marriage and death registration, it must be noted prior to the submission of the documentation.

c/ Those whose wife or husband died or was declared death are required to present a copy of the death certificate of their spouse.

3. All papers mentioned in Items 1 and 2 must be made in two copies and submitted to the Judiciary Department if the registration is conducted in Việt Nam; made into one copy and submitted to Việt Nam's foreign diplomatic representative office or consulate if the registration is conducted abroad.

Point 14. Procedures of document submission and acceptance

1. The two persons concerned are required to present when submitting their marriage documentation. In case, due to plausible reasons, one partner cannot present his/herself, he/she must provide an application of absence and empower his/her partner to submit the documentation. Any marriage documentation submitted by a third partner is not allowed.  

2. Upon receiving marriage documentation, Judiciary Departments or diplomatic representative offices/consulate are in charge of checking its validity and sufficiency. They are also obliged to provide proper instructions for the persons concerned to complete their documentation.