Getting married in Vietnam as a foreign couple requires careful planning and understanding of local requirements. This comprehensive guide will walk you through the essential pre-marriage counseling requirements and help you navigate the process smoothly.
Introduction
Vietnam’s marriage laws require specific procedures for international couples planning to tie the knot. Understanding these requirements, particularly the pre-marriage counseling process, is crucial for a successful marriage registration.
Legal Framework
Under Vietnamese law, foreign couples must comply with both international and local marriage regulations. The Marriage and Family Law of Vietnam establishes the foundation for pre-marriage requirements, ensuring all unions are legitimate and well-documented. In addition, some other legal documents are also used to guide foreign couples who wish to marry in Vietnam, outlining the conditions they need to meet, such as Law on Civil Status, Decree 123/2015/NĐ-CP, Decree 126/2014/NĐ-CP…and some legal documents related to the marriage registration fees like Circular 85/2019/TT-BTC, Circular 111/2017/TT-BTC.
Vietnamese Laws Regarding Pre-Marriage Counseling
The pre-marriage counseling requirement is mandatory for all couples, including foreigners. This process aims to ensure both parties understand their rights, responsibilities, and the legal implications of marriage in Vietnam.
Special Requirements for International Couples
Foreign couples face additional requirements, including:
- Document authentication from their home countries (Article 10 Law on Civil Status)
Papers granted, notarized, or certified by competent foreign agencies for civil status registration in Vietnam shall be consular legalized in accordance with the law
- Translation and notarization of all required papers (Article 2.3 Decree 123/2015/NĐ-CP)
Any document written in a foreign language to be used for civil status registration in Vietnam shall be translated into Vietnamese; the translation shall be notarized or the translator’s signature shall be certified as prescribed by law.
- Verification of marital status from their respective embassies (Article 30.1.b Decree 123/2015/NĐ-CP)
A document certifying the marital status of a foreigner is a document that is issued by a foreign competent authority, remains valid, and certifies that the holder is being single
Pre-Marriage Counseling Requirements
Mandatory Sessions and Documentation
The counseling process typically involves:
- At least one formal counseling session with local authorities
Marriage registration requires interaction with local authorities where the language spoken might differ from one spouse’s native tongue. This could lead to difficulties in communication with government agencies and complicate the registration process which leads to mistakes. Therefore, it is necessary to have at least one formal counseling session with local authorities
- Review of legal rights and obligations
Language barriers may also prevent international couples from fully understanding their legal rights and obligations, leading to potential disputes. Therefore, it is necessary for the couple to fully understand their rights and obligations throughout the marriage registration process.
- Discussion of cultural differences and expectations
It is necessary to explain to the couple the cultural issues and potential situations that may arise during the marriage registration process so that they can prepare for these scenarios in advance.
Timeline and Scheduling Process
The pre-marriage counseling process usually takes 2-3 weeks to complete. Couples should plan accordingly and schedule their sessions well in advance of their intended marriage date.
During this process, several issues will be addressed:
- Document Preparation: Couples need to provide various documents and these documents may need to be translated, notarized, or authenticated, which can take time to process.
- Legal and Administrative Procedures: The process involving legal paperwork and registration could include verifying the couple’s eligibility to marry, ensuring there are no legal impediments, and processing fees or other administrative steps.
- Scheduling and Availability: The length of the process can also depend on the availability of counselors or government offices.
- Consulting other related information: The couples must understand their rights and obligations together with what may come along with the marriage, this may include conflict resolution, legal rights, and responsibilities, which may require multiple sessions to cover thoroughly.
Cost Considerations
Fees associated with pre-marriage counseling include:
- Administrative processing fees: The fee is set differently by each locality (Article 3 Circular 85/2019/TT-BTC), the approximate cost of a marriage application is 1 million VND
- Document translation costs
- Notarization expenses: The fees vary depending on the type of document. (Article 4 of Circular 257/2016/TT-BTC, amended and supplemented by Article 1 of Circular 111/2017/TT-BTC)
Step-by-Step Process
Initial Registration
Begin by registering your intent to marry at the local Justice Department. This step requires (Article 30 Decree 123/2015/NĐ-CP and Article 20.1 Decree 126/2014/NĐ-CP):
- Valid passports
- Single status certificates
- Residence documentation
Required Documentation
Prepare the following documents (Article 30 Decree 123/2015/NĐ-CP):
- Passport/Identity card/Citizen ID card that is still valid
- Certificate of no impediment to marriage
- Health certificates from authorized Vietnamese medical facilities
Counseling Session Procedures
During the counseling sessions, couples will:
- Review marriage laws and regulations: to understand the necessary documentation, their obligations and rights when getting married and ensure the marriage meets Vietnam’s legal requirements.
- Discuss family planning and responsibilities: discussing family planning ensures that both parties are aware of the legal expectations and obligations regarding children, especially in terms of parental rights and legal recognition.
- Address any cultural or legal concerns: addressing these concerns ensures that both parties understand how cultural practices might affect their legal rights and duties, which would help them avoid future complications.
Cultural Considerations
Understanding Vietnamese marriage customs can enhance your experience and show respect for local traditions. Key aspects include:
- Traditional family values and expectations
- Cultural ceremonies and customs
- Family involvement in the marriage process
In Vietnam, the engagement ceremony is an important part of the wedding tradition, symbolizing respect and seriousness between the two families. Generally, the ceremony includes the following steps:
- “Dạm ngõ” (engagement): This is the first step, where the groom’s family visits the bride’s family to express their intention for the couple to marry.
- “Đám hỏi” (official proposal): After the bride’s family agrees, the groom’s family organizes the official proposal ceremony. This involves exchanging wedding gifts. During this ceremony, a representative from the groom’s family (often parents or elders) formally asks for the bride’s hand in marriage, and the bride’s family gives their approval.
- The wedding ceremony: This is the formal wedding, which takes place after both families have agreed. It can be held at the bride’s or groom’s house or another location like a restaurant and includes traditional rituals such as the procession of the bride, ancestral worship, and the exchange of wedding rings.
Common Challenges and Solutions
Language Barriers
When marrying a foreigner, legal documents related to the marriage often need to be translated. If the translation is inaccurate or not certified by an authorized translator, it could lead to delays or even invalidate the documents in legal proceedings.
Language barriers may also prevent both partners from fully understanding their legal rights and obligations, leading to potential disputes.
Marriage registration requires interaction with government agencies where the language spoken might differ from one spouse’s native tongue. This could lead to difficulties in communication with government agencies and complicate the registration process which leads to mistakes.
To overcome language challenges:
- Hire a certified translator for all sessions
- Request English-speaking counselors when available
- Prepare questions in advance
Documentation Issues
Some countries may have specific marriage laws that require both spouses to understand certain legal concepts, such as consent, cohabitation agreements, or spousal support. Language barriers can hinder the couple’s ability to fully understand these legal terms, which may lead to challenges in interpreting or applying the law appropriately.
The differences in marriage laws can also lead to confusion about the marriage procedure and documents. This becomes challenging for both parties in the process of exercising their rights and fulfilling their duties when getting married.
Common documentation challenges include:
- Delays in document authentication
- Translation accuracy concerns
- Missing or incomplete paperwork
Solution: Work with experienced legal consultants who can guide you through document preparation and authentication. These consultants can assist in:
- Preparing all the necessary documents (marriage certificates, affidavits, and translations)
- Guiding you through the authentication process, and advising you on how to properly notarize, certify, and legalize documents.
- Ensuring that all documents are compliant with Vietnamese law and accepted by the relevant authorities.
This support helps avoid delays and ensures your marriage is legally recognized in Vietnam without complications.
Conclusion and Next Steps
Successfully completing pre-marriage requirements in Vietnam requires patience, preparation, and attention to detail. Start the process early and consider working with a legal professional to ensure smooth proceedings.
For additional assistance, contact your embassy or a local legal consultant specializing in international marriages. They can provide guidance specific to your situation and help you navigate any complex requirements.
Address: 14th floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone: +84 937215585
Website: hmlf.vn
Email: miller@hmlf.vn
