Complete Guide for Getting Married in Vietnam for Foreigners 2024
What is Marriage Registration with a Foreign National in Vietnam? Why is it Necessary to Register a Marriage?
Marriage registration in Vietnam is the procedure whereby a man and a woman request a Vietnamese competent state authority to recognize their marriage as legally valid. From the moment the marriage is registered, they officially become husband and wife, endowed with all the rights and obligations of spouses as stipulated by law.
Since cohabitation without marriage registration is not recognized by Vietnamese law, any disputes and termination of cohabitation between the partners will not be legally protected in terms of property and child-related rights as they would be in the case of a registered marriage.
Moreover, once the marriage registration procedure with a foreigner is completed, the marriage is not only recognized in Vietnam but also considered for recognition abroad. Consequently, spouses can sponsor each other to live legally in Vietnam or move abroad, enjoying the full rights and obligations akin to registering a marriage overseas.
Requirements for a Foreigner to marry a Vietnamese citizen
Age Requirement for getting married in Vietnam
According to Article 8.1a of the Marriage and Family Law No. 52/2014/QH13, to be eligible for marriage, the female must be at least 18 years old, while the male must be at least 20 years old.
The date of reaching the minimum age is calculated based on the individual’s date of birth.
For example, Ms. Nguyễn Thị H (Vietnamese national) was born on March 10, 2000, thus on March 10, 2018, Ms. H will be considered as having reached 18 years of age and will be eligible to register for marriage with a foreign national as per the regulations.
This age requirement ensures that both individuals are legally recognized as adults capable of making significant life decisions.
Marital Status
Both spouse must be legally single, meaning they have never been married or are officially divorced or widowed.
To prove their martial status, the Vietnamese spouse must submit a Single Status Certificate (or Certificate of Marital Status), known as “Giấy xác nhận tình trạng hôn nhân” in Vietnamese. This Single Status Certificate must confirm that they have never been married or, if divorced, have not remarried up to the issuance date of this Certificate.
Turning to the Foreign spouse, they must provide legal documents proving they are single or meet the marriage requirements of their home country. Accepted documents often include an Affidavit of Single Status notarized by the competent authorities, a Marriage License or a Single Status Certificate.
We set out this information specifically in the “Required Documents” Section below.
Residency Requirements for Foreigners
Foreigners looking to get married in Vietnam do not need to be residents.
However, they must possess a valid passport and visa to legally remain in the country during the marriage process.
Other requirements for getting married in Vietnam
According to Articles 8.1 of the Law on Marriage and Family No. 52/2014/QH13, the marriage between a Vietnamese citizen and a Foreigner must meet the following requirements:
- The marriage is voluntarily decided by the man and woman;
- The man and woman do not lose the civil act capacity;
- The marriage does not fall into one of the prohibited case.
Accordingly, the cases in which marriage is prohibited are:
- Marriage for sham purpose;
- Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
- A married person getting married to another person, or an unmarried person getting married to a married person;
- Getting married between people of the same direct blood line; 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.
Required Documents for Getting married in Vietnam
The answer of the question “What documents are needed to get married in Vietnam?” depends on the province and the district you propose to register your marriage.
But in a simple case, to register for marriage and obtain the Marriage Certificate, both spouses have to prepare and submit:
- Application for Marriage Registration Form, with complete information for both parties (male and female). Both parties can fill out one Application for Marriage Registration together;
- Certificate of Good Mental Health issued by an authorized medical institution, confirming that the applicant has no mental illnesses and is fully conscious of their actions;
- Biographic Information Sheet (optional);
- Documents proving the marital status of the Foreigner spouse, issued by the competent authority of the country of which they are a citizen, confirming that they currently have no spouse; if not, they can submit a document from the competent foreign authority confirming that they meet the legal requirements for marriage in that country. The validity of these documents are determined by the expiration date noted on these documents. If no expiration date is provided, these documents are valid for 6 months from the date of issue.
>>> Note: Base on our experience, if the Foreigner spouse comes from the USA, they can submit the Affidavit of Single Status or Certificate of No-Marriage Records issued by State or County Authorities (Vital Statistics Office, Department of Health, State Registrar, etc.)
>>> If the Foreigner spouse divorced, they have to submit an authenticated Judgment of Divorce (notarized/certified and authenticated by the Secretary of State).
>>> If the Foreigner spouse are widowed, they have to submit an authenticated copy of the Death Certificate of their deceased spouse (notarized/certified and authenticated by the Secretary of State).
- Certificate of Marital Status for Vietnamese citizens residing in Vietnam. If marital status information is already available in the National Database of Civil Status Records or the National Database of Vietnamese Citizens, it does not need to be presented.
In addition to the above documents, depending on the case, the male or female party shall submit the following corresponding documents:
- Vietnamese citizens who have divorced or annulled their marriage through a competent foreign authority must submit a copy of the civil status extract;
- Vietnamese citizens who are government officials, or serving in the armed forces must submit a document from their managing agency confirming that their marriage to a foreigner is not in violation of the regulations of their job.
- If the applicant for marriage registration is working, studying, or laboring abroad temporarily, they must submit a Certificate of Marital Status issued by the Vietnamese Embassy or Consulate.
Beside, both man and women have to present:
- Passport, ID card, or Citizen Identity Card, or other documents with a photo and personal information issued by a competent authority, still valid for proving the identity of Vietnamese citizens.
>>> Note: If personal information is already available in the National Database of Vietnamese Citizens or the National Civil Status Database and is auto-filled by the system, it does not need to be uploaded (online).
- Foreign nationals must present their original Passport to prove their identity
>>> Note: If the passport is not available, they may present international travel documents or a residence card.
- Documents proving residence information in cases where the civil registration authority cannot retrieve information about the residence of the citizen by the methods specified in Article 14.2 of Decree No. 104/2022/ND-CP dated December 21, 2022, of the Government.
* Very Important: All documents not issued in Vietnam must be consular-legalized, translated, and notarized to be accepted by Vietnamese authorities (excluding the documents exempted from consular legalization in accordance with the Decree No. 111/2021/ND-CP of the Government).
>> Read more: How to get a document consular-legalized to use in Vietnam.
Marriage Registration Process
Step-by-Step Guide to obtain the Vietnam Marriage Certificate
- Step 1 – Prepare all necessary documents: This is the most important step and requires the most time and effort because different localities and different officials handling the documents can have different requirements.
- Step 2 – Submit the documents: The prepared documents must be submitted either in person or online to the competent authority responsible for marriage registration. In the case of submission by a representative, a power of attorney must be duly executed in accordance with the law.
- Step 3 – Interview (optional): The couple may be required to undergo a direct interview to determine that the marriage is voluntary, legal, and not intended for fraudulent purposes.
- Step 4 – Issuance of Marriage Certificate: Once all documents are complete and valid, a Marriage Certificate will be issued. Both parties must be present and provide their identification documents (passport, citizen identification card, identity card, etc.) and verify the information on the drafted Marriage Certificate. If everything is correct, both parties must sign the Marriage Certificate and the Marriage Register before an official.
Authority handling marriage registration procedures involving foreign elements
The District-level People’s Committee, specifically the Department of Justice – Civil Status (or Department of Justice), where the Vietnamese citizen resides, is the competent authority for registering marriages with foreign nationals.
Timeline for a foreigner to get married in Vietnam
The District-level People’s Committee, where the Vietnamese partner resides, will review the marriage dossier and issue the Marriage Certificate within 15 working days (excluding weekends and public holidays).
However, the entire process may take several weeks to a few months, depending on the speed of gathering, translating, and submitting the documents. To avoid delays, it is advisable to start the process early and seek assistance from a legal expert.
Legal Considerations for Foreigner marrying Vietnamese citizen
Civil vs. Religious Marriages
In Vietnam, marriages registration are legally recognized and are the official process for registering a marriage. A marriage certificate is essential for legal recognition and the full range of legal benefits and protections after getting married in Vietnam.
Religious ceremonies, while meaningful and often significant to the couple, are considered optional and supplementary. They do not substitute for the civil marriage process and do not confer legal status on the marriage.
Couples may choose to have a religious ceremony to celebrate their union according to their faith, but they must also complete the civil Marriage Registration to ensure their marriage is legally recognized.
Recognition of Foreign Marriages in Vietnam
If you are a foreigner marrying in Vietnam, or if you are a Vietnamese citizen marrying abroad, it is crucial to ensure that your marriage is recognized both in Vietnam and in your home country.
The recognition of foreign marriages can involve complex legal requirements and procedures. Consulting with legal experts who specialize in marriage laws can help you navigate these requirements. Legal experts can provide guidance on obtaining necessary documentation, such as certificates of no impediment or marriage registration from foreign authorities, and ensure that your marriage complies with the legal standards of both countries.
Prenuptial Agreements
Prenuptial agreements are legally valid in Vietnam and serve as an important tool for protecting the financial interests of both partners before marriage. These agreements can outline how assets and debts will be divided in the event of a divorce or separation, and can address other financial matters such as spousal support. To ensure that a prenuptial agreement is legally binding and enforceable, it should be carefully drafted with the assistance of legal professionals who are familiar with Vietnamese family law. This helps ensure that the agreement meets all legal requirements and provides the intended protection for both parties.
For more information on Prenuptial Agreements, please refer to our in-depth article.
Legal Rights and Obligations Post-Marriage
Understanding your legal rights and obligations after marriage in Vietnam is essential for ensuring a smooth and legally sound marital relationship.
Marriage in Vietnam impacts various aspects of life, including property rights, inheritance laws, and spousal support obligations. Couples should be aware of how their property will be managed, how inheritance will be handled, and what responsibilities each partner has regarding financial support.
Familiarizing yourself with these legal aspects can help prevent disputes and ensure that both partners are aware of their rights and duties under Vietnamese law.
If you want to learn more about your legal rights and obligations, do not hesitate to reach out to us.
>> Read more: Rights and Obligations of Family Members in Vietnam Law
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Common Challenges During the Marriage Registration Process and Solutions
Language Barriers
Language can pose a significant challenge when navigating legal and bureaucratic processes in Vietnam. To overcome this barrier, consider hiring a professional translator or interpreter. This ensures clear communication and helps you understand all the necessary procedures and documentation required for marriage registration.
Navigating Bureaucratic Processes
The marriage registration process often involves various bureaucratic procedures that can be complex and time-consuming. To manage these requirements effectively, stay organized and patient. Familiarize yourself with the specific steps involved, gather all necessary documents in advance, and follow each procedure carefully to avoid delays.
Tips for Smooth Coordination
To ensure a smooth marriage registration process, early planning and thorough research are crucial. Clear communication with all involved parties helps prevent misunderstandings and keeps the process on track. Create a detailed timeline and checklist to monitor your progress and ensure that all steps are completed in a timely manner.
For a seamless experience and to fully understand the legal aspects of your marriage, including prenuptial agreements, seek assistance from a legal expert. Their expertise can help you navigate the complexities of the registration process and ensure that all legal requirements are met.
FAQs About Marriage Registration in Vietnam
Marriage registration fees in Vietnam are outlined in Point c, Clause 2, Article 5 of Circular 85/2019/ND-CP, as amended by Point e, Clause 3, Article 1 of Circular 106/2021/TT-BTC. These fees are set by the Provincial People’s Council and can vary by locality. Generally, fees range from 1,000,000 to 1,500,000 VND.
Same-sex marriage is not legally recognized in Vietnam. However, same-sex couples may hold commitment ceremonies. While these ceremonies are not legally binding, they provide an opportunity to celebrate and affirm their relationship.
The marriage registration process can vary from several weeks to a few months, depending on how quickly documents are prepared and submitted. To avoid delays, it is advisable to start the process early and ensure all required documents are in order.
Yes, foreigners can marry in any province in Vietnam. The marriage registration process, however, must be initiated at the District People’s Committee where the Vietnamese partner resides. Ensure all documents are properly prepared and submitted to the appropriate local authorities.
A prenuptial agreement is a document that outlines issues related to assets, separate property, alimony, and child custody during the marriage and after divorce. This is an important document to ensure the rights and interests of both parties; however, it is not a mandatory document in the marriage registration dossier.
Conclusion
Navigating the process of getting married in Vietnam for foreigners involves understanding both legal and cultural landscapes. By preparing in advance and respecting local customs, you can ensure that your special day is both memorable and legally sound. Early planning and thorough research are essential to a smooth and enjoyable wedding experience.
Disclaimer: The contents of this article are for informational purposes only and may not apply to all situations. For assistance related to your specific issues, please contact us for support from our team of legal experts.
This article was first published on August 5, 2024, and last updated on August 5, 2024.
Author: Tony Nguyễn
Category: Marriage & Family
Additional Resources
– Official Websites of the Vietnamese Ministry of Justice: For detailed information on marriage registration.
– The complete guide to consular legalization process of the Consular Department – Vietnam Ministry of Foreign Affairs.
– Our Legal Services: We provide legal consultation services for issues related to marriage and family law in Vietnam.
