With the extensive international integration in all economic, cultural and social fields today, Vietnamese citizens have many conditions to exchange, study and work with foreigners. This is also a factor to promote the marriage relationship between Vietnamese citizens and citizens of other countries in the world. However, getting married with foreign elements is always more complicated and not everyone knows the procedures to follow. Therefore, the following article will give readers the note when marrying a foreigner.
Lesson 3: Notes when marrying a foreigner
With the extensive international integration in all economic, cultural and social fields today, Vietnamese citizens have many conditions to exchange, study and work with foreigners. This is also a factor to promote the marriage relationship between Vietnamese citizens and citizens of other countries in the world. However, getting married with foreign elements is always more complicated and not everyone knows the procedures to follow. Therefore, the following article will give readers the note when marrying a foreigner.
1. Conditions for getting married to foreigners
Article 126 of the 2014 Law on Marriage and Family stipulates:
1. In getting married between Vietnamese citizens and foreigners, each party must abide by the laws of their country on the conditions for getting married; if the marriage is conducted at a competent Vietnamese state agency, the foreigner must also abide by the provisions of this Law on conditions of marriage.
2. The marriage between foreigners permanently residing in Vietnam at Vietnamese competent agencies must comply with the provisions of this Law on conditions of marriage.
Accordingly, you need to base on the laws of Vietnam and foreign laws where your spouse resides to see if you have met the conditions for marriage.
2. Documents of marriage registration for foreigners
Article 30 of Decree 123/2015 / ND_CP stipulates the application for marriage registration includes:
a) The marriage registration declaration;
b) Documents proving the marital status of a foreigner is a document issued by a foreign competent agency which is still valid and certifies that such person is currently not married or has no husband; in cases where a foreign country does not grant a certificate of marital status, it must be replaced by papers issued by a foreign competent agency certifying that such person is eligible for marriage under the law of that country.
If the papers proving the marital status of the foreigner do not show the expiry date, this document and the certification of the medical organization is only valid for 6 months from the date of issue.
c) Passport, identity card, citizen identification card or other papers with photo and personal information issued by the competent authority, still valid (hereinafter referred to as identification documents) to prove your identity.
d) Papers proving place of residence (household registration book, residence card ...)
If a foreigner does not have a passport to present according to the rules, he / she can present an international travel document or residence card.
In addition to the above-mentioned papers, if the married party is a Vietnamese citizen who has divorced or canceled the marriage at a foreign competent agency, he / she must also submit a copy of the civil status excerpt for recording in the divorce book. or cancel the marriage; If they are civil servants or officials, or they are serving in the armed forces, they must submit the documents of the agencies or management units certifying that such persons are married to foreigners not contrary to the provisions of that branch.
3. Jurisdiction
- The district-level People's Committee at the place of residence of Vietnamese citizens shall effect the marriage registration between Vietnamese citizens and foreigners ...
In case a foreigner residing in Vietnam requires a marriage registration in Vietnam, the district-level People's Committee of the place of residence of either party shall effect the marriage registration. (prescribed in Article 37 of the Law on civil status 2014)
- The People's Committee of a commune in the border area shall register the marriage between a Vietnamese citizen permanently residing in that commune and a citizen of the neighboring country permanently residing in an administrative unit equivalent to the commune level of Vietnam. adjacent to the commune in the border area of Vietnam where Vietnamese citizens permanently reside. (Article 18 Law on Civil Status 2014)
- The representative office in the consular area where the male or female resident resides is a Vietnamese citizen shall effect the marriage registration between Vietnamese citizens residing abroad or with foreigners. (Article 7 Joint Circular 02/2016 / TTLT-BNG-BTP)
4. Time limit for settlement
Article 31 of Decree 123/2015 / ND_CP stipulates:
Within 10 working days after receiving a complete and valid dossier, the Justice Department shall conduct research, verify the dossier and verify it if necessary. The Head of the Justice Division is responsible for the results of the examination and the Justice Office's proposal in handling marriage registration documents.
If the application is valid, the parties are eligible to get married as prescribed in the Law on Marriage and Family, do not fall into the case of refusing to get married sign 02 originals of Marriage Certificate.
Based on the specific situation, when necessary, the Ministry of Justice shall report to the Prime Minister on additional regulations on interview procedures when handling marriage registration requirements to ensure the lawful rights and interests of the parties and State management efficiency.
If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Co., Ltd for specific answers.
DAI VIET LAW CO., LTD-DAI VIET NOTARY OFFICE
Address: No. 28 Lieu Giai, Cong Vi Ward, Ba Dinh District, Hanoi City
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.66
With the extensive international integration in all economic, cultural and social fields today, Vietnamese citizens have many conditions to exchange, study and work with foreigners. This is also a factor to promote the marriage relationship between Vietnamese citizens and citizens of other countries in the world. However, getting married with foreign elements is always more complicated and not everyone knows the procedures to follow. Therefore, the following article will give readers the note when marrying a foreigner.
1. Conditions for getting married to foreigners
Article 126 of the 2014 Law on Marriage and Family stipulates:
1. In getting married between Vietnamese citizens and foreigners, each party must abide by the laws of their country on the conditions for getting married; if the marriage is conducted at a competent Vietnamese state agency, the foreigner must also abide by the provisions of this Law on conditions of marriage.
2. The marriage between foreigners permanently residing in Vietnam at Vietnamese competent agencies must comply with the provisions of this Law on conditions of marriage.
Accordingly, you need to base on the laws of Vietnam and foreign laws where your spouse resides to see if you have met the conditions for marriage.
2. Documents of marriage registration for foreigners
Article 30 of Decree 123/2015 / ND_CP stipulates the application for marriage registration includes:
a) The marriage registration declaration;
b) Documents proving the marital status of a foreigner is a document issued by a foreign competent agency which is still valid and certifies that such person is currently not married or has no husband; in cases where a foreign country does not grant a certificate of marital status, it must be replaced by papers issued by a foreign competent agency certifying that such person is eligible for marriage under the law of that country.
If the papers proving the marital status of the foreigner do not show the expiry date, this document and the certification of the medical organization is only valid for 6 months from the date of issue.
c) Passport, identity card, citizen identification card or other papers with photo and personal information issued by the competent authority, still valid (hereinafter referred to as identification documents) to prove your identity.
d) Papers proving place of residence (household registration book, residence card ...)
If a foreigner does not have a passport to present according to the rules, he / she can present an international travel document or residence card.
In addition to the above-mentioned papers, if the married party is a Vietnamese citizen who has divorced or canceled the marriage at a foreign competent agency, he / she must also submit a copy of the civil status excerpt for recording in the divorce book. or cancel the marriage; If they are civil servants or officials, or they are serving in the armed forces, they must submit the documents of the agencies or management units certifying that such persons are married to foreigners not contrary to the provisions of that branch.
3. Jurisdiction
- The district-level People's Committee at the place of residence of Vietnamese citizens shall effect the marriage registration between Vietnamese citizens and foreigners ...
In case a foreigner residing in Vietnam requires a marriage registration in Vietnam, the district-level People's Committee of the place of residence of either party shall effect the marriage registration. (prescribed in Article 37 of the Law on civil status 2014)
- The People's Committee of a commune in the border area shall register the marriage between a Vietnamese citizen permanently residing in that commune and a citizen of the neighboring country permanently residing in an administrative unit equivalent to the commune level of Vietnam. adjacent to the commune in the border area of Vietnam where Vietnamese citizens permanently reside. (Article 18 Law on Civil Status 2014)
- The representative office in the consular area where the male or female resident resides is a Vietnamese citizen shall effect the marriage registration between Vietnamese citizens residing abroad or with foreigners. (Article 7 Joint Circular 02/2016 / TTLT-BNG-BTP)
4. Time limit for settlement
Article 31 of Decree 123/2015 / ND_CP stipulates:
Within 10 working days after receiving a complete and valid dossier, the Justice Department shall conduct research, verify the dossier and verify it if necessary. The Head of the Justice Division is responsible for the results of the examination and the Justice Office's proposal in handling marriage registration documents.
If the application is valid, the parties are eligible to get married as prescribed in the Law on Marriage and Family, do not fall into the case of refusing to get married sign 02 originals of Marriage Certificate.
Based on the specific situation, when necessary, the Ministry of Justice shall report to the Prime Minister on additional regulations on interview procedures when handling marriage registration requirements to ensure the lawful rights and interests of the parties and State management efficiency.
If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Co., Ltd for specific answers.
DAI VIET LAW CO., LTD-DAI VIET NOTARY OFFICE
Address: No. 28 Lieu Giai, Cong Vi Ward, Ba Dinh District, Hanoi City
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
