When a foreigner marrying a Vietnamese, this is cross cultural
marriage with challenges and complexity in relationships which could be legally
difficult. The Vietnam laws on Marriage and Family on marriage and family
relations involving foreign elements provide legal grounds to avoid false
marriages to gain citizenship or conduct human trafficking.
The following should be taken into consideration when a foreigner
marrying a Vietnamese. However due to the complexity, it is suggested family lawyers in Vietnam to be consulted to ensure the
correct processes and procedures are carried out in timely manner:
Marriage consultation:
If marriage registration between a foreigner and a Vietnamese
belongs one of the following cases, Vietnamese citizen must be consulted by the
provincial Marriage Consultancy Center: i) the age gap between two partners is
20 years or more; ii) this is the third marriage of the foreign partner, or the
foreign partner has gone through a divorce with a Vietnamese citizen; iii)
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.
After being advised on marriage consultation, Vietnamese citizen
will be issued a certificate by Marriage Consultancy Center (hereafter referred
to as Certificate) which is part of the application dossier.
When the Vietnamese citizens is fluent in a foreign language or
foreigner is fluent in Vietnamese, and the interviews at the Justice
Department show that both sides have an good understanding of family
circumstances, personal situation, and the understanding of language,
customs, traditions, culture, laws on marriage and family in each country, the
Certificate will not be needed.
Submission for marriage registration
One of two parties would submit directly to provincial Department
of Justice of province where the Vietnamese citizen applicant resides. A
dossier of marriage registration is prepared including the following papers of
each party:
a) The marriage registration declaration (standard form);
b) The papers of marriage status of each party:
Vietnamese shall provide the written certification of marital
status issued by the People’s Committee where he/she resides.
Foreigner shall provide the documentary evidence on marital status
of foreigners issued by a competent agency of the country of which the
applicant is a citizen. 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; the written certificate of
marriage eligibility issued by a competent agency of the country of which the
applicant is a citizen (unless laws of this country do not regulate about this
document); 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.
c) The medical examination from a Vietnamese or foreign competent
health organization, 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,
passport or papers of substitute value such as travel document or residence
card;
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).
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.
All documents provide by parties have to have valuation within 6 months
to the date when the dossier is received.
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 Department of Justice shall have
the responsibilities to implement the direct interview at head office 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 Department of Justice shall make an
appointment for re-interview; the next interview shall be performed 30 days
after the preceding interview.
In cases there are issues which need to be verified, the
provincial Department of Justice dshall carry out necessary procedures to
verify.
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 Department of Justice 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 Department of
Justice for holding the ceremony for marriage registration.
In case refusal for marriage registration, provincial People’s
Committees shall have a document clearly stating reasons thereof and send it to
the provincial Department of Justice in order to notify both marriage partners.
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 Department of
Justice shall hold ceremony for marriage registration.
The marriage registration ceremony shall be solemnly organized at
the office of the provincial Department of Justice. When the marriage
registration ceremony is held, both marriage partners must be present. The
representative of the provincial Department of Justice 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
Department of Justice 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. The grant of copies of the
marriage certificate from the original registers shall be implemented by the
provincial Department of Justice at the requests of the wives or husbands.
Lawyers at ANT Lawyers – Marriage and divorce dispute law
firm in Vietnam have experience with registration of marriage,
divorce procedures or dispute matters of assets, properties in Vietnam. For
advice or service request, please contact us via email ant@antlawyers.vn, or
call us +84 24 730 86 529
0 comments:
Đăng nhận xét