Marriage Registration with Foreigners

Apparently, getting married to a foreigner is a common practice today, and there are generally no specific restrictions. The parties involved just need to follow the marriage registration procedures with foreign elements as required to be officially recognized as a married couple.

Marriage and family relation involving foreign elements means the marriage and family relation in which at least one partner is a foreigner or an overseas Vietnamese.

Legal Basis:

1. Marriage and Family Law of 2014;
2. Law on Residence of 2014;
3. Decree No. 123/2015/ND-CP of the Government detailing certain provisions and measures for the implementation of the Law on Residence;
4. Circular No. 04/2020/TT-BTP of the Ministry of Justice detailing the implementation of certain provisions of the Law on Residence and Decree No. 123/2015/ND-CP.

Document Requirements: Documents to be presented and Document to be submitted.

Documents to be presented:

1. Personal Documents of Vietnamese Citizen (Passport/ID Card/Citizen Identification Card or other documents containing personal photo and information issued by the competent authority)
2. Original Passport of the Foreigner or International Travel Documents or Residence Card.
3. Proof of Residence Document to Determine the Marriage Registration Authority.

Documents to be submitted:

1. Marriage Registration Form, completed form with full information of both parties (male and female);
2. Health Confirmation Certificate: Issued by the authorised health organisation in Vietnam or abroad, confirming that both parties are not mentally ill or suffering from other conditions that affect their ability to understand and control their actions;
3. Proof of Marital Status of the Foreigner: Issued by the competent authority of the country where the foreigner is a citizen, confirming their current single status, or a document from the foreign competent authority confirming their eligibility for marriage according to the laws of that country;

The validity of these documents is determined by the expiration date stated on the documents. If no expiration date is specified, the documents and the health confirmation certificate are valid for 06 months from the date of issue.

1. Copy of Passport or Equivalent Document for foreigners or Vietnamese citizens residing abroad;
2. Confirmation of Marital Status of Vietnamese Citizens Residing Domestically.

Additional Documents (as needed):

1. Divorce Decree Absolute.
2. Document from the managing authority (state agencies, units under the armed forces) confirming that marrying a foreigner does not violate regulations of the sector.
3. Confirmation of marital status by the diplomatic mission, consular office of Vietnam abroad (for individuals working, studying, or temporarily residing abroad).

Submission Location: The District Department of Justice receives and advises the Chairman of the District People’s Committee for consideration and decision.

Processing Time: 15 days.
Note:

1. Documents issued by the competent authority of a foreign country must be legalised by the consular office unless exempted.
2. Foreign language documents must be translated into Vietnamese and the translation must be notarized or authenticated by the signature of the translator according to legal regulations.
3. It is advisable to complete translation, notarization, and consular legalisation of all necessary documents before starting the procedure to avoid delays.
4. Health examinations before marriage must be conducted at a qualified hospital.
5. Both parties (male and female) must be present at the People’s Committee headquarters to confirm their voluntary marriage before receiving the Marriage Certificate. If one party cannot be present, a written request for an extension, not exceeding 60 days from the date the Chairman of the People’s Committee signs the Marriage Certificate, can be made. After 60 days, if both parties do not come to receive the Marriage Certificate, the signed Marriage Certificate will be void. If they still want to marry, they must go through the marriage registration procedure from the beginning.

If you have any questions regarding marriage registration with a foreigner, please feel free to contact An Luật Việt Nam for assistance.