Part 1 of this article will mention General provisions on marriage registration related to foreign elements. Dragon Law Firm which is the best law firm with expertise in family marriage will advise you specifically about the above conditions:
1- Conditions of marriage
-The marriage must be registered at the competent state agency according to the rites prescribed in Article 9 of the Marriage and Family Law. Any marriage ceremony not in accordance with Article 9 is not legally valid.
1. A marriage shall be registered with a competent state agency in accordance with this Law and the law on civil status.
A marriage which is not registered under this Clause is legally invalid.
2. A divorced couple who wish to re-establish their husband and wife relation shall register their re-marriage.”
-Men from 20 years of age or older, women from 18 years of age or older are allowed to get married (Point b, Clause 1, Article 8 of the Marriage and Family Law). Specifically, men turn 21 (the next day of their 20th birthday), and women turn 19 (the next day of their 18th birthday) to get married.
Marriage is voluntarily decided by a man and a woman, neither party may coerce, deceive the other, neither is coerced or hindered (Point b, Clause 1, Article 8 of the Marriage and Family Law). This is reflected in the fact that both men and women sign the Marriage Registration Form and express their opinions at the Marriage Registration Ceremony.
- Marriage is prohibited in the following cases (Clause 2, Article 5 of the Marriage and Family Law):
+ Sham marriage or sham divorce;
+ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
+ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;
+ Getting married or cohabitating as husband and wife 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;
+ Demanding property in marriage;
+ Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;
+ Giving birth with assisted reproductive technology for commercial purpose, commercial gestational surrogacy, prenatal sex selection, cloning;
+ Domestic violence;
+ Taking advantage of marriage and family rights for human trafficking, labor exploitation or sexual abuse or committing another act for self-seeking purposes.
2- Competence to register marriage
- Domestic marriage under the jurisdiction of the Commune People's Committee (between two Vietnamese citizens permanently residing in the country, including cases of their temporary stay abroad)
- District People's Committee is the agency registering marriage for marriages involving foreign elements (between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; between Vietnamese citizens and at the same time having foreign nationality with Vietnamese citizens or with foreigners) (follow Article 37, Law on civil status 2014.) Overseas, the marriage registration between two Vietnamese citizens or between a Vietnamese citizen and a foreigner by the Vietnamese diplomatic or consular offices in the country where either party applies to perform a marriage and residence permit.
“Article 37. Competence to register marriage
1. District-level People's Committees of places of residence of Vietnamese citizens shall register marriages between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; and between Vietnamese citizens who also have foreign citizenship and Vietnamese citizens or foreigners
2. In case a foreigner residing in Vietnam requests marriage registration in Vietnam, the district-level People's Committee of the place of residence of either partner shall register the marriage.”
Note: The representative office only conducts marriage registration between Vietnamese citizens and foreigners residing in the receiving country in case of illegal registration of the host country. In the absence of a specific law in the host country, the consular office will request in writing the competent authority of the host country to provide comments and register the marriage only if it does not object. This is necessary for a marriage to be recognized in the host country.
Dragon Law Firm - Hotline: 1900.599.979
Website: www.vanphongluatsu.com.vn - www.dragonlaw.vn
Hanoi Headquarter: Floor 14.6, Vimeco Blog, Lot E9, Pham Hung Str., Trung Hoa Ward, Cau Giay Dist, Hanoi
Hai Phong Office: FL4.6, Khanh Hoi Bldg, Lot 2/3C, Le Hong Phong Str., Ngo Quyen Dist., Hai Phong
(Priority send via message. We will respond as soon as possible)