Question

Answer

Procedures for a foreigner to get married in Da Nang, Vietnam ?

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 (Clause 1 Article 9 Law on Marriage and Family No.52/2014/QH13 dated June 19, 2014).

For marriages between Vietnamese citizens and foreigners, each party shall comply with his/her country’s law on marriage conditions; if their marriage is conducted at a competent Vietnamese state agency, the foreigner shall also comply with this Law’s provisions on marriage conditions (Clause 1 Article 126 Law on Marriage and Family No.52/2014/QH13 dated June 19, 2014).

Papers granted, notarized or certified by competent foreign agencies for civil status registration in Vietnam shall be consularly legalized in accordance with law, unless they are exempted under a treaty to which Vietnam is a contracting party (Article 10 Law on Civil Status No. 60/2014/QH13 dated November 20, 2014).

The male and female partners submit a declaration, made according to a set form, and a written certification of a competent Vietnamese or foreign health organization stating that he/she does not suffer any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts to the civil status registration agency. Foreigners and Vietnamese citizens residing abroad shall additionally submit papers proving their marital status and copies of their passports or valid passport substitute papers  (Clause 1 Article 38 Law on Civil Status No. 60/2014/QH13 dated November 20, 2014).

An application for marriage registration shall be made as prescribed in Clause 1 Article 38 of the Law on civil status, and the following provisions:

The both partners may fill out in one single application form for marriage registration;

A document certifying marital status of a foreigner is a document which is issued by a foreign competent authority, remains valid, and certifies that the holder is being single. If the foreign country does not issue a document certifying marital status, an equivalent document issued by the foreign competent authority certifying the holder’s eligibility for marriage as prescribed in law of such country is required.

If the document certifying marital status of a foreigner has an indefinite term, such document and the certificate issued by the health facility as prescribed in Clause 1 Article 38 of the Law on civil status shall only remain valid in 6 months from the date of issue (Clause 1 Article 30 Decree No. 123/2015/NĐ-CP dated November 15, 2015).

When submitting application for marriage registration, recognition of parent-child relationship, a partner to an applicant may submit such application in person at the competent Registry of civil status, without authorization letter from the other partner (Clause 3 Article 2 Circular No. 15/2015/TT-BTP dated November 16, 2015)./.

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DMS Law firm in Vietnam
Director
(Signed)
Lawyer Do Minh Son