Cross culture marriage
in Vietnam is getting more popular due to the further integration of Vietnam
into world’s economy and people relocation for better living.
It is understandable
that a foreigner who works and lives in Vietnam wishing to register marriage
with a Vietnamese or even another foreigner under Vietnam laws.
However, it is
challenging for foreigners to be aware of the legal provisions governing the
issue of marriage involving foreign elements in Vietnam. The parties involved
in the marriage should to go through not so simple administrative
procedures, because of the complexity of managing and protecting the legitimate
rights of not only Vietnamese citizens, but also foreigners, to be governed
under the Law on Civil Status. It is not unfamiliar when husband and wife
agree to sign prenuptial agreement, agreements on personal assets and
properties, and agreements to separate assets and properties during the
marriage time.
Procedures for
Registration of Marriage in Vietnam
According to the current
law provisions, the competence to register marriage between a Vietnamese
citizen and a foreigner belong to the District People’s Committee where the
Vietnamese citizen is residing. In addition to papers relating to declarations
and documents that must be prepared, in order to marry a Vietnamese citizen, a
foreigner have to submit papers proving their marital status issued by a
competent authority of the country which he/she is a citizen. The certificate
issued no more than six months, up to the time of application, confirming the
current no spouse. In case, foreign law does not provide for the granting of
papers certifying the marital status, the papers shall be replaced by the
foreign competent bodies certifying that such persons meet all the marriage
conditions under the laws of that country. Documents, papers issued by the
competent authority of the foreign country must be notarized, legalized and
authenticated.
After submitting
complete, and valid dossiers and paying the necessary fees, if the marriage
conditions are fully met, the chairperson of the District People’s Committee
will approve the application. Upon marriage registration, both husband and wife
must be present at the head office of the People’s Committee, and both will sign
in the marriage certificate.
Foreigner’s
Challenges?
To register marriage
involving foreign in Vietnam, foreigners must have a marital status documents
issued by a foreign competent authority where he/she is a citizen. Depending on
the country, the paper proving citizen’s marital status issued to citizens when
they apply for marriage registration is different. Most of the difficulties the
foreigners encountered are the application for the issuance of papers abroad
and at the same time they must carry out administrative procedures for the
legalization of that document at the competent authority in Vietnam. Thus, the
time required to prepare necessary documents and documents is generally long
with strict administrative procedures.
In fact, marriages involving
foreign couples encounter procedural difficulties and take a considerable
amount time for preparation.
ANT Lawyers have experience in civil and family matters to advice
clients whom are interested for such legal service in Vietnam. We
assist our clients in the process of reviewing agreements, procedures and
concerned matters in civil and family.
Source: ANTLawyers.vn
