Can Communist Party Members Marry Foreign Nationals?

However, for members of the Communist Party of Vietnam (CPV)—a key component of the political system—marriage to a foreign national is not merely a personal matter but also involves compliance with Party regulations and principles.

So, are Party members allowed to marry foreign nationals? What regulations must Party members comply with, and what important considerations should be noted to avoid violating the Party Charter and current laws?

In this article, LHLegal clarifies the legal framework governing marriages between Party members and foreign nationals.

Are Party Members Allowed to Marry Foreign Nationals?

Based on Clause 2, Article 2 of the 2014 Law on Marriage and Family, marriages between Vietnamese citizens and foreign nationals are protected by Vietnamese law.

In addition, the Charter of the Communist Party of Vietnam (2011) and its guiding documents do not prohibit Party members from marrying foreign nationals.

Accordingly, a Vietnamese citizen who is a Party member may marry a foreign national, provided that all marriage conditions stipulated by the Law on Marriage and Family are fully satisfied.

However, pursuant to Point a, Clause 2, Article 53 of Regulation No. 69-QD/TW (2022) on disciplinary measures against Party organizations and members, a Party member must report the marriage to:

• The directly managing Party committee; and

• The Party cell where the Party member is affiliated.

Party members who marry foreign nationals must report the marriage to the directly managing Party committee and the Party committee of the Party cell where they are affiliated

Conditions for Party Members to Marry Foreign Nationals

To legally marry a foreign national, both parties must meet the conditions prescribed in Article 8 of the 2014 Law on Marriage and Family, and comply with Party regulations, including:

• The male must be at least 20 years old, and the female at least 18 years old;

• The marriage must be entered into voluntarily by both parties;

• Neither party has lost civil act capacity;

• The marriage must not fall into prohibited cases under Clause 2, Article 5 of the Law on Marriage and Family, including:

  • Sham marriages;

  • Child marriage, forced marriage, deceptive marriage, or obstruction of marriage;

  • Marriage or cohabitation while one party is already married;

  • Marriage between persons with direct blood relations, relatives within three generations, adoptive parents and adopted children, parents-in-law and children-in-law, stepparents and stepchildren, etc.;

• The Party member must submit a report to the directly managing Party committee and the Party cell where he/she is affiliated.

Party members marrying foreign nationals are required to report to their managing Party committee and affiliated Party cell.

Marriage Registration Procedures for Party Members Marrying Foreign Nationals

Marriage Registration Dossier

Pursuant to Article 30 of Decree No. 123/2015/ND-CP, the marriage registration dossier includes:

Documents to be Submitted:

• Marriage registration declaration form (as prescribed);

• Medical certificates issued within the last 06 months by competent medical institutions, certifying that both parties do not suffer from mental illness or diseases that prevent awareness or control of behavior;

• Certificate of marital status for the Vietnamese citizen residing in Vietnam.

Additional Documents for Foreign Nationals or Overseas Vietnamese:

• Certificate of marital status issued by a competent foreign authority, confirming that the person is currently unmarried;
  (If such certificate is not issued, a document certifying eligibility for marriage under the law of that country must be provided);

• If the marital status certificate does not specify validity, it is valid for 06 months from the date of issuance;

• Copy of passport or equivalent international travel document or residence card.

Additional Documents Depending on Specific Circumstances:

• If the Vietnamese citizen has divorced or had a marriage annulled abroad, an extract confirming the recording of such divorce or annulment in the civil status register;

• If the Vietnamese party is a public official, civil servant, or serving in the armed forces, a confirmation from the managing authority that the marriage does not violate sectoral regulations;

• If the applicant is working, studying, or working abroad on a fixed-term basis, a certificate of marital status issued by a Vietnamese diplomatic or consular mission abroad.

Documents to Be Presented:

• Valid personal identification documents (passport, ID card, citizen ID card);

• Documents proving the place of residence.

Marriage Registration Procedure

Pursuant to Article 38 of the Law on Civil Status 2014 and Circular No. 04/2020/TT-BTP, the procedure is as follows:

1. Both parties submit the marriage registration dossier in person at the competent People’s Committee;

2. The receiving officer checks the dossier:

   • If complete and valid, a receipt is issued;

   • If incomplete, instructions for supplementation are provided;

3. The Justice Division examines and verifies the dossier and may interview the parties to confirm identity, voluntariness, and purpose of marriage;

4. Upon approval by the Chairman of the People’s Committee, the marriage is recorded in the civil status register, and the Marriage Certificate is issued;

5. Party members must additionally submit a truthful written report to their managing Party committee and affiliated Party cell.

Important Notes:

• Both parties must be present when receiving the Marriage Certificate;

• The time for receiving the certificate may be extended upon written request, but not exceeding 60 days;

• If the certificate is not collected within 60 days, it will be revoked and the marriage must be re-registered.

Party members shall be subject to disciplinary action if they violate regulations on marriage with foreign nationals

Legal Consequences for Party Members Violating Marriage Regulations

Under Article 53 of Regulation No. 69-QD/TW (2022), Party members violating regulations on marriage with foreign nationals may face disciplinary measures, depending on severity:

Reprimand

Applied where consequences are minor, such as:

• Failure to report children marrying foreign nationals;

• Allowing children to marry foreign nationals in violation of regulations;

• Improper certification of marital status.

Warning or Removal from Position (if applicable)

Applied for repeated violations or serious consequences, including:

• Marrying a foreign national without reporting;

• Allowing children to marry individuals with anti-State activities;

• Forcing children into marriage;

• Acting as an illegal marriage broker.

Expulsion from the Party

Applied in cases of very serious violations, including:

• Marriage not meeting legal conditions;

• Marriage with individuals involved in serious crimes or hostile activities;

• Marriage without Party approval;

• Concealing unlawful marriages;

• Preparing illegal marriage or immigration dossiers.

Party members may be subject to disciplinary action if they violate regulations on marriage with foreign nationals.

Conclusion

This article is prepared based on current Vietnamese laws and Party regulations concerning marriages between Party members and foreign nationals. It is provided for reference purposes only and does not replace official decisions of competent authorities.

For specific cases, Party members are advised to seek professional legal consultation to ensure compliance with both state law and Party regulations. If you require legal advice or assistance, please contact LHLegal for timely and professional support.

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