So, under current Vietnamese law, how does the procedure for marriage registration with a foreign national differ from marriage registration between two Vietnamese citizens (under the latest regulations updated in 2022)?
This article provides a detailed and comprehensive explanation below.
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For a marriage with a foreign national to be registered in Vietnam, both the husband and wife must satisfy the conditions prescribed in Articles 8 and 126 of the Law on Marriage and Family 2014.
Accordingly:
Both parties must meet the marriage conditions under Vietnamese law; and
The foreign national must also meet the marriage conditions under the law of their country of nationality.
The man must be at least 20 years old, and the woman at least 18 years old;
The marriage must be entered into voluntarily by both parties;
Neither party has lost civil act capacity;
Vietnamese citizens residing abroad must have lawful residence permits issued by competent foreign authorities.
Marriage must not fall into any of the prohibited cases stipulated in Points a, b, c, and d, Clause 2, Article 5 of the Law on Marriage and Family, including:
Sham or fraudulent marriage;
Child marriage; forced marriage; deceptive marriage; obstruction of marriage;
A married person marrying another person, or an unmarried person marrying someone who is already married;
Marriage between persons related by direct bloodline; relatives within three generations; adoptive parents and adopted children; former adoptive parents and adopted children; parents-in-law and children-in-law; stepparents and stepchildren.
In addition, attention must be paid to the marriage conditions applicable to the foreign national under the law of their country.
Note: Vietnamese law does not recognize same-sex marriage
Marriage registration with a foreign national shall be carried out at the district-level People’s Committee where the Vietnamese citizen resides
Pursuant to Clause 1, Article 38 of the Law on Civil Status 2014 and Article 10 of Decree No. 123/2015/NĐ-CP (as amended in 2020 and 2022), the required dossier includes:
A medical certificate issued by a competent medical institution in Vietnam or abroad confirming that the parties do not suffer from mental illness or other diseases that prevent awareness or control of behavior;
A certificate of marital status of the foreign national, issued by a competent authority of the country of nationality and still valid, certifying that the person is currently unmarried;
If the country does not issue a marital status certificate, it may be replaced by a document issued by a competent authority confirming that the person is eligible for marriage under that country’s law;
The validity of the marital status certificate shall follow the validity period stated therein. If no validity period is stated, both the marital status certificate and the medical certificate are valid for 06 months from the date of issuance;
A copy of passport or passport-substitute document of the foreign national or Vietnamese citizen residing abroad;
A certificate of marital status of the Vietnamese citizen residing in Vietnam, unless such information is already available in the Electronic Civil Status Database or the National Population Database;
A Marriage Registration Declaration Form with full information of both parties (the parties may submit a joint declaration if filing in person).
Additional Documents (Case-Specific)
Depending on individual circumstances, the following documents may also be required:
Vietnamese citizens who divorced or had their marriage annulled abroad must submit a civil status extract recording the divorce or annulment in Vietnam;
Vietnamese citizens who are civil servants, public employees, or members of the armed forces must submit a written confirmation from their managing authority confirming that the marriage with a foreigner does not violate sector-specific regulations;
If the applicant is working, studying, or laboring abroad for a fixed term, a certificate of marital status issued by a Vietnamese diplomatic or consular mission abroad must be submitted.
Pursuant to Clause 1, Article 37 of the Law on Civil Status 2014:
Marriage registration between a Vietnamese citizen and a foreign national shall be conducted by the People’s Committee of the district where the Vietnamese citizen resides.
The civil status officer shall print the document, submit it for signature, and return the result to the applicant
Applicants may choose one of the following methods:
Direct submission at the One-Stop Service Division / Public Administration Center of the competent district-level People’s Committee;
Online submission via the National Public Service Portal or the provincial public service portal.
For online submission, the applicant completes the electronic marriage registration form, uploads scanned or electronic copies of required documents, and pays fees online (if applicable).
The receiving officer checks the accuracy, completeness, consistency, and validity of the dossier;
If the dossier is valid, an appointment slip is issued and the dossier is transferred to the civil status officer for processing;
If the dossier is incomplete or invalid, the applicant is notified to supplement or correct it;
Where verification is required or delays occur, a written apology and rescheduled appointment notice will be issued.
If complaints or denunciations arise, or if there are doubts regarding identity, voluntariness, or the purpose of marriage, the civil status officer shall report to the Head of the Justice Division to coordinate verification with relevant authorities and, if necessary, work directly with the parties.
If the dossier is deemed sufficient and lawful, the marriage is recorded in the Marriage Register and the Electronic Civil Status System.
For online applications, a draft electronic Marriage Certificate will be sent to the applicant for confirmation within one day before final issuance.
Both parties must be present at the competent district-level People’s Committee;
The parties verify the information, confirm their voluntary consent, and sign the Marriage Register and Marriage Certificate;
Each party receives one original Marriage Certificate.
If one or both parties cannot be present to receive the certificate, the issuance may be extended (upon written request) for up to 60 days from the signing date. After that period, the certificate will be canceled, and the procedure must be restarted if the parties still wish to marry.
Processing time: Up to 15 days from receipt of a complete and valid dossier.
Pursuant to the Ministry of Finance regulations:
Specific fees are determined by the Provincial People’s Council;
The choice of country for marriage registration belongs to the parties. Factors to consider include:
Place of residence: If both parties reside in the same country, registering marriage there is often more convenient;
Country of intended long-term residence: Marriage certificates issued in that country are easier to use for subsequent legal procedures without consular legalization.
If the foreign country does not issue a marital status certificate, it may be replaced by another document confirming eligibility for marriage under that country’s law.
Yes. In lieu of a passport, the foreigner may present an international travel document or a residence card, in accordance with Decree No. 123/2015/NĐ-CP (as amended).
Marriage registration will be refused if one or both parties violate prohibited conditions or fail to meet marriage conditions under Vietnamese law. The refusal must be notified in writing with clear reasons.
The above is the latest update for 2025 regarding marriage registration procedures with foreigners in Vietnam. If you have any questions or require professional assistance, please contact LHLegal for prompt and lawful support.
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