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PROCEDURE OF MARRIAGE IN VIETNAM

The procedure of marriage in Vietnam is governed by the Decree of the Government stipulating the procedure of marriage, adoption of illegitimate children, adoption of children, and tutorship of children between Vietnamese citizens and foreigners no.184/cp (Promulgated by Decree of the Central Government of the Socialist Republic of Vietnam on November 30, 1994).

VIETNAMESE MARRIAGE REQUIREMENTS

Any application for marriage between a citizen of a foreign country and a Vietnamese citizen residing in Ho Chi Minh City should be filed in persons at the Principal Registrar's Office (Justice Department, Ho Chi Minh City).

Documents Required

  1. An application for marriage legally registered (the form is available at the Principal Registrar's Office);
  2. A notarized, authenticated photocopy of your passport;
  3. An authenticated copy of your birth certificate;
  4. A notarized, photocopy of your visa registered at the city policy headquarters in Vietnam (exit/entry control office);
  5. Medical certificates for marriage;
  6. An authenticated statement from the local registrar of marriage documents from your state of residence attesting to the fact that there is no record of a previous marriage in your state of residence for two years.
  7. An authenticated copy of a death certificate or divorce decree terminating any previous marriage.
  8. A certificate of no impediment to marriage.

CERTIFICATE OF NO IMPEDIMENT TO MARRIAGE

Many countries require persons who wish to marry to provide proof issued by a governmental authority that there is no legal impediment to the marriage.

In the absence of a state or national certificate of no impediment to marry, this sworn statement seems to satisfy foreign local requirements.

PROCEDURE OF REGISTERING AND RECOGNIZING MARRIAGE

In registering their marriage, each side must fill in an application for marriage according to the set form. Enclosed with the application are the following papers:

  1. A copy of the birth certificate;
  2. A certificate not more than 3 months old of the authorized agency of the country of which the applicant is a citizen, certifying that the person concerned is single;
  3. A certificate not more than 3 months old of a medical organization that the person concerned is not mentally ill, or if he/she is, he/she is still conscious of his/her act, that the person concerned is not infected with a venereal disease or HIV.

If a foreigner wishes to get married in Vietnam in addition to the documents mentioned above

  1. they must have a paper certifying that they are fully qualified for marriage and that their marrying a Vietnamese citizen is recognized by their country's law;
  2. if the law of the country concerned has a clause allowing its citizens to marry foreigners, then the paper must be marked with "Granted".

Within 60 days after receiving the dossier, the provincial People's Committee, the diplomatic or consular office must decide whether or not to register the marriage; if further verification is needed, the time limit may be extended but by not more than 30 days.

In case they refuse to register the marriage, the provincial People's Committee, the diplomatic or consular office must notify in writing the person concerned of their refusal.

The order in registering a marriage in Vietnam is a follows:

  1. After receiving the dossier and fee, the Juridical Service in cooperation with the Security Service, shall check the dossier.
  2. Within 30 days after receiving an official request from the Juridical Service, the Security Service must give its answer in writing; if further verification is needed, the time-limit may be extended but by not more than 15 days.
  3. After receiving the written answer from the Security Service, the Juridical Service shall make its suggestion to the provincial People's Committee for decision.
  4. If the person concerned is judged qualified for the marriage, the Chairman of the provincial People's Committee shall sign the marriage certificate.
  5. Within 7 days after signing the marriage certificate, the Juridical Service shall deliver the marriage certificate to the person concerned and register it in the Marriage Register unless otherwise requested by the person concerned about the time limit.

Both sides must be present and produce their passport and ID card, or other valid papers as substitutes.

The order in registering a marriage at the diplomatic or consular office is as follows:

  1. After receiving the dossier and fee, the diplomatic or consular office shall check the dossier, and if necessary, discuss with the offices concerned in Vietnam.
  2. Within 30 days after receiving the official request from the diplomatic or consular office, the offices concerned at home must give their answer in writing; if further verification is needed, the time limit may be extended but by not more than 15 days.
  3. If the person concerned is judged qualified for the marriage and the registration of the marriage is not at variance with the laws of the receiving country, the head of the diplomatic or consular office shall sigh the marriage certificate.
  4. Within 7 days after signing the marriage certificate, the diplomatic or consular office shall deliver the marriage certificate to the person concerned and register it in the Marriage Register unless otherwise requested by the person concerned about the time-limit.

Both sides must be present and produce their passports, or other valid papers as substitutes.

RECOGNITION OF MARRIAGE OF VIETNAMESE CITIZEN AND A FOREIGNER

For the marriage of a Vietnamese citizen and a foreigner which has already been organized at the authorized institution of a foreign country, to be recognized in Vietnam, the person concerned residing in Vietnam must fill in an application according to the set form and send it to the provincial People's Committee. The application must be enclosed with the marriage certificate. These papers must be done in two sets and sent to the Juridical Service.

Within 30 days after receiving the dossier and fee, the Juridical Service shall check the dossier and give its suggestion to the provincial People's Committee for decision.

In registering his/her marriage, if the Vietnamese citizen the Law on Marriage and the family of Vietnam and the recognition of the marriage is not at variance with the basic principles of the Law on Marriage and the family of Vietnam, then the Chairman of the provincial People's Committee shall sign the decision of recognition.

Within 7 days after signing the decision, the Juridical Service shall deliver the decision to the person concerned and register it in the Marriage Register unless otherwise requested by the person concerned about the time limit.

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