Getting married to a foreigner
Source: Internet
1.Conditions for getting married[1]
– Fully age following the law on married and family of Vietnam, the man is full or older than 20 years, the woman is full or older than 18 years;
– The marriage is voluntarily decided by the man and woman;
– Both have full civil act capacity;
– Both do not fall into prohibited cases:
+ Underage marriage, deceiving a person into marriage, forcing a person into marriage or sham marriage;
+ A married person has an adulterous relationship with another person;
+ Or in contrary, an unmarried person lives and cohabits as husband and wife with a married person;
+ Getting marriage between people of the same direct line of descent, between relatives within three generations: 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;
Note: Viet Nam does not recognize persons who have same-sex get married.
2.When you meet fully conditions above, prepare one document copy, includes[2]:
– Application form for marriage registration (both partners may fill out in one);
– A document proves no mental illness;
– A document certifying the marital status of a foreigner which is issued by a foreign authority, has a valued date and shows the holder is being single. If the document is outdated, the healthy facility’s certificate is being instead.
– A certificate of marital status (for Vietnamese citizens);
– A copy of Vietnamese ID card or passport or another identity paper;
Note: If one of two partners is in one of three cases below, documents are implemented:
– A copy of vital records about divorce, in the case of Vietnamese partner citizen, obtained divorce or granted marriage annulment at a foreign competent authority;
– A document issued by authority certifies that a person getting married is allowed by major regulations, in the case of Vietnamese partner is an official/public employee or an armed force official;
– A certificate of marital status issued by Diplomatic/Consular mission, in the case of a request partner studies or works abroad;
* Number of document copies: 01 copy.
3.The procedure of marriage registration[3]
Step 1: Appy document copy at The People’s Committee of the district where a Vietnamese citizen permanently resides.
Step 2: A document copy will be checked for its satisfaction. If a document copy lacks files, he/she will guide you to add more ones. If a document copy is not refilled as a guidance counselor, it shall be rejected.
Step 3: Within 10 working days from the date on which the satisfactory application is received, the Committee Division of Justice shall carry out it to the President of People’s Committee of the district, he shall sign 02 original marriage license copies, grant both partners marriage license.
Step 4: After marriage registration, both partners shall present their voluntary at the People’s Committee of the district. Base on their voluntary, civil official registered and stores in the civil book. Both partners fill out marriage licenses.
However, if one or both partners can not present to receive marriage licenses, they can extend granting period not exceeding 60 days in writing. Upon expiration of such 60 days period, if they fail to meet and receive marriage licenses, they shall do procedures from the beginning.
- Fee: 1.000.000 Vietnam dong/case. For people with poor households, disabilities, or revolutionary contributing is free.
- Competent authority: The People’s Committee of the district.
Contents above give advice about “Getting married to a foreigner”
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[1] Article 8 Law on married and family 2014
[2] Article 10 Decree 123/2015 ND-CP
[3] Article 18 Decree 123/2015 ND-CP
I have some feedbacks for above content, such as: English grammar incorrect, following:
A BIG WRONG POINT IS USED THE INCORRECT NAME OF THE VIETNAM MARRIAGE & FAMILY LAW IN 2014
1. Point 1:
+ Fully age basis to/arcording to not following;
+ Luật Hôn nhân & Gia đình: The Law of MARRIAGE and Family of Vietnam in 2014 NOT MARRIED;
+ Nam từ đủ 20 tuổi trở lên và nữ từ đủ 18 tuổi trở lên: Years OLD NOT just YEAR;
+ The marriage is voluntarily….by the man & THE woman;
+ Both OF THEM NOT just use Both;
+ …THE shamming marriage;
+ A document proves that 2 parties don’t have any mental illness
…. etc (Many points that I think you should recheck all of the contents one more time again).
* Anyway, I’m also extremely thanks for many Law advisories of your firm; the law team as well as Lawyer Thuan.
Nalini Vo