In recent years, the phenomenon of international marriages in Vietnam has seen a significant rise with an estimated 25% increase over the past decade. This surge in international marriages can be attributed to a variety of factors, such as economic opportunities or the region’s cultural richness. Furthermore, this growth reflects the broader trend of growing cultural exchange and global integration within the country. As more foreigners seek to marry Vietnamese citizens, it becomes increasingly important to understand the legal and administrative processes involved in these unions.
This comprehensive guide will walk you through everything you need to know about tying the knot in this beautiful Southeast Asian country.
Legal Requirements for International Marriage in Vietnam
Before proceeding with marriage plans in Vietnam, foreigners must ensure they meet specific legal requirements and provide several essential documents. These criteria and documents are set out under the Law on Marriage and Family 2014 and its decree, to ensure that international marriage is legally recognized.
Basic Eligibility Criteria
The first step for foreigners wishing to marry in Vietnam is meeting the eligibility criteria. According to Article 8 of Law on Marriage and Family 2014, the following conditions must be satisfied :
- Men must be at least 20 years old
- Women must be at least 18 years old
- Both parties must be mentally sound and fully capable of understanding the responsibilities and implications of marriage.
- Neither party can be currently married : a party already in an existing marriage must legally divorce before proceeding with a new marriage.
Required Documents for International Marriage in Vietnam
In addition, several documents are necessary to legally register a marriage in Vietnam. These documents are detailed in Article 30 of Decree No. 123/2015/ND-CP and Article 38 of Law on Civil Status 2014:
- Valid passport : this document serves as proof of identity and nationality and must be valid for at least six months after the planned wedding date.
- Certificate of No Impediment to Marriage : this document is issued by the foreigner’s embassy in Vietnam and confirms that the person is legally free to marry.
- Birth certificate
- Divorce certificate (if applicable)
- Death certificate of former spouse (if applicable)
- Health check certificates from authorized Vietnamese medical facilities : a medical examination is required to ensure both parties are in good health and free from communicable diseases.
It is essential for foreigners to have these documents correctly prepared, notarized and translated into Vietnamese to avoid delays in the marriage registration process.
Steps to Getting Married in Vietnam as a Foreigner
An international marriage requires following a set of specific legal steps to ensure that the marriage is valid under both, the Vietnamese and the foreign law. Articles 37 and 38 of Law on Civil Status 2014 established the procedural steps to register a marriage in Vietnam :
- Obtain a Certificate of No Impediment from your home country’s embassy
- Get all required documents translated into Vietnamese and notarized
- Submit marriage registration application at the local Justice Department
- Complete health checks at authorized Vietnamese medical facilities
- Attend interviews with local authorities
- Receive marriage approval and certificate (Articles 31 and 32 of Decree 123/2015/ND-CP)
Potential Challenges and Solutions
While getting married in Vietnam offers many opportunities for foreigners, several challenges can arise throughout the process. Understanding the common issues in international marriage in Vietnam and knowing how to address them can help ensure a smooth marriage registration experience. Below are common issues and their practical solutions
Documentation Delays : collecting the required documents, such as the Certificate of No Impediment, health check certificates or even translated paperwork, can take longer than expected.
Solution
- Work with a legal advisor to prepare documents in advance : a legal expert can help ensure all documents meet the necessary requirements to reduce the chances of delays.
- Allow extra time for document processing : documents processing can be slow, especially as a foreigner dealing with foreign institutions or getting documents notarized and translated, so that you need to plan ahead.
- Keep multiple copies of all paperwork : in case of lost paperwork or additional requests from local authorities, having multiple copies of your documents can expedite the process and prevent further delays.
Language Barriers : Vietnamese authorities may not speak English or you may not be fluent in vietnamese, which can lead to communication difficulties.
Solution
- Hire a certified translator : a certified translator can accurately translate documents and communicate with local authorities, avoiding misunderstandings.
- Work with a bilingual legal advisor : a professional fluent in both English or your mother tongue and Vietnamese is a valuable help. They can represent your interests during official appointments and guide you through the whole process.
- Request English-speaking officials when possible : it is a great solution if you do not want to deal with a language barrier since many Vietnamese government offices have staff who can communicate in English.
Administrative Procedures : navigating Vietnam’s marriage administrative procedures can be daunting for foreigners unfamiliar with the legal framework.
Solution
- Start the process early : the entire process can take weeks or even months depending on how efficiently the documents are processed. It is recommended the begin the registration process as early as possible to have enough time to handle any unforeseen issues that may arise.
- Double-check all requirements : the double-check ensures that all the documents and registration steps are in order.
- Consider hiring a local marriage consultant : the local marriage consultant is specialized in helping foreigners navigate the legal marriage process in Vietnam and can ensue that all steps are followed correctly.
Post-Marriage Legalities for International Marriage in Vietnam
After the marriage registration in Vietnam, couples need to complete several important steps to finalize their marital status. These post-marriage actions ensure that the marriage is recognized under Vietnamese law :
- Marriage Registration: it is necessary to register your Vietnamese marriage in your home country to ensure recognition there.
- Visa Considerations: for foreigners planning to live in Vietnam after marriage, updating the visa status to spouse visa is crucial.
- Document Updates: it is essential to update personal documents, such as passeport, bank accounts or social security informations, to reflect the new marital status.
- Property Rights: marriage in Vietnam establishes joint property ownership between spouses unless otherwise specified in a prenuptial agreement. (Articles 28 to 50 of Law on Marriage and Family 2014)
Conclusion
In conclusion, international marriage in Vietnam represents a vibrant and growing trend, symbolizing the country’s increasing openness to global integration and cultural exchange. While the process of legalizing such marriages involves strict adherence to legal requirements and administrative steps, understanding these prerequisites ensures a smooth experience for couples.
Preparation, effective communication, and professional assistance are key to navigating potential challenges, including documentation delays, language barriers, and complex administrative procedures. By proactively addressing these issues, couples can enjoy a seamless journey toward legal union in Vietnam.
Harley Miller Law Firm is here to support you every step of the way, offering expert guidance on international marriage processes and related legalities
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
