In an increasingly globalized world, many Vietnamese citizens marry foreigners or other Vietnamese nationals while residing or studying abroad. A common legal question that arises is whether such marriages must be registered again in Vietnam to be legally recognized. This article explores the legal status of overseas marriages under Vietnamese law, including whether registration is required, the conditions for recognition, and the legal implications of failing to register.
1. Recognition of Foreign Marriages Under Vietnamese Law
Under Vietnamese law, marriages concluded abroad can be recognized without requiring re-registration in Vietnam, provided certain legal conditions are met.
Article 112 of the Law on Marriage and Family 2014 stipulates:
“A marriage between a Vietnamese citizen and a foreigner, or between two Vietnamese citizens that is conducted abroad in accordance with the law of the foreign country where the marriage is conducted, is recognized in Vietnam if it does not violate the basic principles of Vietnamese marriage and family law.”
This means that as long as the foreign marriage was validly performed under foreign law and does not contravene Vietnamese public policy, it will generally be recognized without the need for additional procedures in Vietnam.
2. What Are the “Basic Principles” That Must Not Be Violated?
Vietnamese law outlines several fundamental principles of marriage in Article 2 of the Law on Marriage and Family, including:
- Voluntariness of both parties;
- Monogamy (a person may not have more than one spouse);
- Equal rights and obligations between spouses;
- Prohibition of marriage within certain degrees of blood relation;
Compliance with the minimum legal age for marriage (currently 20 for men, 18 for women).
If a marriage conducted abroad violates any of these core principles—such as a polygamous marriage or a union involving underage individuals—it will not be recognized under Vietnamese law.
3. Is Registration of the Foreign Marriage Required in Vietnam?
No, there is no legal requirement to register a marriage again in Vietnam if it was lawfully conducted abroad and satisfies the conditions for recognition. However, the recording of the marriage in Vietnamese civil status records can be necessary for administrative and legal purposes, such as:
- Applying for family visas or residence permits for a foreign spouse in Vietnam;
- Purchasing joint property;
- Filing for divorce in Vietnam;
- Inheritance or spousal rights claims.
To facilitate such matters, parties may choose to record (not register) the foreign marriage with the Vietnamese civil status registry. This procedure is governed by Decree No. 123/2015/NĐ-CP and involves submitting the original foreign marriage certificate (with consular legalization and translation) to the local Department of Justice.
4. What If a Vietnamese Citizen Marries Abroad Without Official Permission?
Previously, Vietnamese citizens—particularly public servants or military personnel—were required to obtain official permission before marrying foreigners. This requirement has been relaxed in recent years, although certain groups (e.g., Party members, military officers) may still need internal clearance under sector-specific regulations.
Importantly, the failure to obtain such permission does not automatically invalidate the marriage, but may lead to disciplinary consequences under internal rules, not family law.
5. Conclusion
In summary, Vietnamese citizens who marry abroad do not need to re-register their marriage in Vietnam, as long as the marriage is legally valid under foreign law and does not breach fundamental principles of Vietnamese family law.
However, for practical reasons—especially involving immigration, property, or legal disputes—recording the marriage with Vietnamese authorities may be advisable. Parties should consult legal counsel or the local Department of Justice to ensure compliance with administrative procedures and avoid unnecessary complications.
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