I am Vietnamese who want to marry a foreigner, what are procedures for this case?

Question 2. I am Vietnamese who want to marry a foreigner, what are procedures for this case?

Note: The instruction of procedures listed below will be applied to marriage registration between:

- A Vietnamese citizen with a foreigner.

- Vietnamese citizens residing in Vietnam with Vietnamese citizens residing overseas.

- Vietnamese citizens residing overseas each other.

- Vietnamese citizens who simultaneously hold foreign citizenship with Vietnamese citizens or foreigners.

 Step 1: Taking consideration for conditions for getting married:

The following conditions must be satisfied before the marriage registration dossier is prepared:

1. The man is full 20 years or older, the woman is full 18 years or older.

2. The marriage is voluntarily decided by the man and woman.

3. The man and woman do not lose the civil act capacity.

4. The marriage does not fall into one of the following cases:

- Sham marriage or sham divorce.

- Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage.

- A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person.

- Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations (References: The method of calculating the blood relation of three generations to get married); adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild.

Step 2: The dossier must comprise:

1. 01 Application for marriage registration. (according to the attached form).

2. Papers proving the marital status of Vietnamese and foreigners.

Note: For documents proving the marital status of a foreigner:

This document is normally issued by a foreign competent authority and must be valid for the current status of the person who does not have a spouse. If this certificate is not issued, it shall be replaced by a paper certified by a competent foreign authority that such person satisfies the marriage conditions in accordance with the law of that country.

If the marital status certificate of the foreigner does not record the expiry date, this document is only valid for 06 months from the date of issuance.

- Written certification by a competent medical organization of Vietnam or a foreign country certifying that the person is not suffering from a mental illness or other disease without being able to realize or control his/her act.

Note: If the written certification of this medical organization does not record the expiry date, it is only valid for 06 months from the date of issuance.

3. Copy of ID card or Citizenship card of Vietnamese.

4. A copy of the passport or a valid paper which can be used to replace the passport.

Where a foreigner does not have a passport for presentation on request, an international travel document or residence card may be produced.

- If the marriage partner is a Vietnamese citizen who has divorced or canceled the marriage at a foreign competent agency, he/she shall also have to submit a copy of his/her civil status record of his/her divorce or annulment. If they are civil servants, officials or persons serving in the armed forces, they must submit documents of their agencies certifying their marriages with foreigners which are not contrary to the regulations of such branches. After completing the above dossiers, submit the registration dossiers.

Step 3: Submit the dossier of getting married with a foreigner:

Address: Justice Division of People's Committees at the district level

Step 4: Time-limit for processing the marriage registration dossier:

Time-limit:

- Within 10 working days after receiving complete and valid dossiers, the Justice Division shall study, examine the dossiers and verify them if necessary.

Step 5: Chairman of the district-level People's Committee shall sign the marriage certificate:

- The Justice Division shall report to the Chairman of the district-level People's Committee president on signing of two original marriage certificates.

(Based on the specific situation, if necessary, the Ministry of Justice shall report to the Prime Minister to supplement the interview procedures when settling the marriage registration requests in order to ensure the lawful rights and interests of the parties and the managerial effectiveness of the State Management).

Step 6: Give the marriage certificate:

Time-limit:

- Within 03 working days from the date when Chairman of the district-level People's Committee signs the marriage certificate, the Justice Department shall give the marriage certificate to the two parties (man and women).

Both man and women must be present. The official conducting civil status work shall consult the man and woman; if both parties voluntarily marry, he/she will record the marriage into the civil status book with the signatures of the man and woman.

Both man and woman sign the marriage certificate.

The marriage certificate is valid from the date it is recorded and handed over to the parties.

Note:

1. If one of the two parties cannot be present at the same time to receive the marriage certificate, it may request the Justice Division to extend the granting duration, which, however, must not exceed 60 days from the date when Chairman of the district-level People's Committee signs the marriage certificate.

If the 60-day time limit is not met, the Justice Division shall report to the Chairman of the district-level People's Committee on the cancellation of the marriage certificate. Then, if two parties, man and woman, want to apply for marriage, the procedure must be the same as the first time.

2. If the district-level People's Committee refuses to register the marriage, the Justice Division shall give written notice clearly stating the reasons for both man and woman.

Relevant Similar questions:

-  Divorce procedures between Vietnamese and foreigners.

- Procedures for foreigners adopting in Vietnam.

- Consultancy on property regimes between husband and wife when divorced….