Vietnam has become an increasingly popular destination for foreigners, not only for tourism and work but also for marriage and family life. However, to legally marry in Vietnam, foreigners must comply with the country’s legal requirements and procedures.
Marriage involving foreign elements has been stipulated in Article 126 of the Vietnamese Law on Marriage and Family:
1. For marriages between Vietnamese citizens and foreigners, each party shall comply with his/her country’s law on marriage conditions; if their marriage is conducted at a competent Vietnamese state agency, the foreigner shall also comply with this Law’s provisions on marriage conditions.
2. Marriages between foreigners permanently residing in Vietnam at competent Vietnamese agencies must comply with this Law’s provisions on marriage conditions.
1. Conditions for marriages with foreign elements
Marriage Between Vietnamese Citizens and Foreigners
Article 126 of the Law on Marriage and Family stipulates that when a Vietnamese citizen marries a foreigner, each party must comply with the marriage conditions under their respective national laws. Additionally, if the marriage takes place at a competent Vietnamese authority, the foreigner must also meet the marriage conditions set out by Vietnamese law. This provision ensures that the marriage is legally recognized both in Vietnam and in the foreigner’s home country, reducing legal conflicts between different legal systems.
For example, if a Vietnamese citizen wishes to marry a U.S. citizen in Vietnam, the Vietnamese party must satisfy the marriage conditions under Vietnamese law, such as the legal age requirement and absence of prohibited relationships. Meanwhile, the U.S. citizen must also comply with U.S. laws, such as providing proof of single status. If either party fails to meet these conditions, the marriage may not be recognized by one or both countries.
Marriage Between Foreigners Permanently Residing in Vietnam
The law further states that if two foreigners who are permanent residents in Vietnam wish to marry at a Vietnamese competent authority, they must comply with Vietnamese law on marriage conditions. This provision ensures that even though both parties are foreigners, their marriage aligns with Vietnam’s legal framework when registered in the country.
For instance, if a German citizen and a Japanese citizen, both permanently residing in Vietnam, decide to get married at a Vietnamese authority, they must follow Vietnamese marriage conditions. If one of their home countries imposes stricter marriage conditions—such as requiring parental consent for younger individuals—Vietnamese authorities may not consider this requirement unless it conflicts with fundamental principles of Vietnamese law.
Article 8 of the 2014 Law on Marriage and Family stipulates the marriage conditions as follows:
- A man and a woman who wish to marry must meet the following conditions:
a) The man must be at least 20 years old, and the woman must be at least 18 years old;
b) The marriage must be voluntarily decided by both the man and the woman;
c) Neither party is deprived of civil act capacity;
d) The marriage must not fall into any of the prohibited cases specified in Points a, b, c, and d, Clause 2, Article 5 of this Law.
2. The State does not recognize same-sex marriage.
Clause 2, Article 5 of the 2014 Law on Marriage and Family prohibits the following acts:
a) Sham marriage or sham divorce;
b) Child marriage, forced marriage, deceptive marriage, or obstructing a marriage;
c) A person who is already married marrying or living as spouses with another person, or a person who is unmarried marrying or living as spouses with someone who is already married;
d) Marriage or cohabitation as spouses between persons who are directly related by blood; between persons within three generations of kinship; between adoptive parents and adopted children; between former adoptive parents and adopted children; between a father-in-law and a daughter-in-law; between a mother-in-law and a son-in-law; between a stepfather and his wife’s biological daughter; or between a stepmother and her husband’s biological son.
Thus, foreigners who are permanently residing in Vietnam and wish to marry each other at a competent Vietnamese authority must meet the conditions outlined in the provisions cited above.
According to Article 37 of the 2014 Law on Civil Status, the authority responsible for registering marriages involving foreign elements is the People’s Committee at the district level where the Vietnamese citizen resides.
2. Procedures for Marriage Registration Involving Foreign Elements
The marriage registration process for cases involving foreign elements follows a structured procedure to ensure legality and compliance with both domestic and international legal frameworks.
Step 1: Submission of Marriage Registration Documents
Both parties must submit an application at the People’s Committee at the district level where the Vietnamese citizen resides. If both parties are foreigners, the application should be submitted at the local authority where one of them has permanent residence.
According to Article 38 of the Law on Civil Status, the required documents for marriage registration include:
- Marriage registration application form, signed by both parties.
- Proof of marital status:
For Vietnamese citizens: A certificate of marital status issued by the local People’s Committee.
For foreigners: A certificate of single status issued by their home country’s competent authority.
- Valid identification documents, such as a passport or another legally recognized identification card.
- Proof of residence in Vietnam, if applicable, for the foreign party (such as a temporary or permanent residence permit).
- Health certificates, confirming that both parties are mentally sound and capable of making independent decisions regarding marriage.
Foreign documents must be legally authenticated (consular legalization) and translated into Vietnamese by an authorized agency before submission.
Step 2: Interview and Verification
Within 15 working days from the date of receiving a valid application, the Chairman of the People’s Committee at the district level will conduct a direct interview with both parties. The purpose of this interview is to verify the voluntariness of the marriage and ensure compliance with legal requirements.
If there are doubts about the legitimacy of the marriage, such as suspicion of a sham marriage for immigration purposes, the authorities may request additional verification or supporting documents.
Step 3: Issuance of Marriage Certificate
If the marriage meets the legal requirements under the 2014 Law on Marriage and Family, the People’s Committee at the district level will register the marriage and issue a Marriage Certificate.
Both parties must be present in person to sign the Marriage Registration Book and receive the Marriage Certificate.
3. Important Considerations for Marriage Registration in Vietnam
Any documents issued by a foreign country must be authenticated through consular legalization and translated into Vietnamese before being submitted.
If the foreign party is unable to be physically present to submit the application, they may authorize a representative to submit it on their behalf. However, both parties must be present in person to receive the Marriage Certificate.
Vietnamese citizens residing abroad may register their marriage at a Vietnamese diplomatic mission or consular office in their host country, provided that the country’s legal framework allows it.
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