In the context of increasing international integration, marriages between Vietnamese citizens and foreign nationals have become common. A marriage involving foreign elements refers to a marital relationship in which a Vietnamese citizen (male or female) marries a foreign national either in Vietnam or abroad in accordance with the provisions of the Vietnamese Law on Marriage and Family.

I. Overview of marriage registration with foreign nationals

1. Definition of marriage registration with foreign nationals

Pursuant to Clause 25, Article 3 of the Law on Marriage and Family 2014:

  • A marriage and family relationship involving foreign elements means a marriage and family relationship in which at least one party is a foreigner or a Vietnamese citizen residing abroad; or a marriage and family relationship between Vietnamese citizens but the establishment, alteration, or termination of such relationship is governed by foreign law, occurs abroad, or the related property is located abroad.

Accordingly, marriage registration with a foreign national is a legal procedure through which the marital relationship between a Vietnamese citizen and a foreign national is formally recognized under Vietnamese law. Such a recognition ensures that the rights and obligations of both spouses are protected, and it establishes a legal basis for resolving issues relating to personal status, property, and children.

2. Conditions for marriage registration with foreign nationals

Article 126 of the Law on Marriage and Family 2014 stipulates:

  • Where a Vietnamese citizen marries a foreign national, each party must comply with the legal requirements of their own country.
  • Where the marriage is registered before a competent Vietnamese authority, the foreign national must also meet the conditions prescribed under the Vietnamese Law on Marriage and Family.
  • A foreign national who is a permanent resident in Vietnam and registers marriage before a competent Vietnamese authority must also comply with Vietnam’s legal requirements for marriage.

Under Article 8 of the Law on Marriage and Family, the principal conditions for marriage in Vietnam are:

  • The male must be at least 20 years old and the female at least 18 years old;
  • The marriage must be voluntarily agreed upon by both parties;
  • Neither party is deprived of civil act capacity;
  • Marriage is prohibited between people of the same bloodline, relatives within three generations, between adoptive parents and adopted children; between former adoptive parents and adopted children; between father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and wife's stepchild, stepmother and husband's stepchild;
  • The marriage must be registered in accordance with law.

Therefore, where the marriage is registered in Vietnam, the foreign national must satisfy both the requirements of Vietnamese law and those of their home country.

II. Legal provisions governing marriage registration with foreign nationals.

1. Application dossier for marriage registration with foreign nationals

Pursuant to Article 30 of Decree No. 123/2015/ND-CP, the dossier for marriage registration with foreign nationals includes:

  • Marriage registration application;
  • Valid passport or citizen identify card;
  • Certificate of marital status and proof of residence;
  • Copy of passport, international travel document, or residence card.

Notes:

  • If the foreign country does not issue a certificate of marital status, it is required to obtain an equivalent document issued by a competent foreign authority confirming the applicant’s eligibility to marry under the Laws of such a country.
  • If the marital status document does not indicate a validity period, it shall be valid for no more than six (06) months from the date of issuance, together with the required health certificate issued by a medical institution as prescribed in Clause 1, Article 38 of the 2014 Law on Civil Status.

Additional documents may be required in certain cases:

  • Divorce or annulment certificate for those previously married;
  • Marriage confirmation document not violating the regulations for public officials, civil servants, or armed forces personnel;
  • Medical certificate confirming no mental illness or cognitive ability (an original and a legalized and translated copy).

2. Marriage registration procedures for marriage registration with foreign nationals

  • Step 1: Submission of dossier
  • The district-level People’s Committee is the competent authority to process marriage registration with foreign nationals (Article 37 of the Law on Civil Status 2014).The dossier may be submitted in person or online via the National Public Service Portal by .
  • Step 2: Verification by the Justice Division
  • The Justice Division reviews, verifies, evaluates and handles the dossier. If all legal requirements are met and it doesn’t belong to cases prohibited in marriage , the Division will propose the Chairperson of the district-level People’s Committee to sign two originals of the Marriage Certificate.
  • Step 3: Issuance of Marriage Certificate
  • Upon issuance, the parties shall verify the contents recorded in the Marriage Certificate and in the Marriage Registration Book.

Processing time: Within 13 working days from receipt of a complete and valid dossier.

Deadline for receiving: Within 60 days from the date of registration. Failure to receive within such a period will result in cancellation on the Certificate, and a new application must be made if the parties still wish to marry.

III. Questions for marriage registration with foreign nationals

1. Which authority has the competence to handle marriage registration with foreign nationals

Pursuant to Article 37 of the Law on Civil Status 2014, the district-level People’s Committee is entitled to the competence in marriage registration with foreign nationals in which Vietnamese citizens reside.

In case, foreign nationals residing in Vietnam wish to implement marriage registration in Vietnam, the district-level People’s Committee, where one of the two parties resides, shall be responsible for registration.

2. Cases being refused to handle marriage registration

      Pursuant to Article 26 of Decree No. 126/2024/ND-CP, marriage registration shall be refused if belonging to the following cases:

  • One or both parties do not meet the legal conditions for marriage under Vietnamese law;
  • A foreign national does not meet the conditions under the laws of their country;
  • One of the two parties fails to provide a complete and valid dossier.

3. Can marriage registration be implemented at temporary residence

Pursuant to Clause 4, Article 5 of the Law on Civil Status 2014, which stipulates the principles of civil status registration, Clause 1, Article 17 of the Law on Civil Status 2014, which stipulates the authority, and Clause 1, Article 10 of Decree 123/2015/ND-CP, which stipulates documents, marriage registration with a foreign national may be handled at the temporary residence, but still must go to the People's Committee where registering permanent residence to apply for a Certificate of marital status.

4. Is registering a marriage with a foreign national to leave the country a sham marriage? How is it handled?

  • Pursuant to Clause 11, Article 3 of the Law on Marriage and Family 2014, sham marriage is an act of marriage to immigrate, reside, or acquire nationality in Vietnam or foreign country; enjoy preferential treatment from the State; or achieve other purposes other than building a family relationship.

Thus, if marriage is taken to leave the country or to enjoy certain benefits without actually living together, it is considered a sham marriage.

  • Pursuant to Point d, Clause 2, Article 59 of Decree 82/2020/ND-CP on violations of marriage regulations, acts of sham marriage to reside in Vietnam are subject to administrative fines as follows:
  • For individuals: Fine from 10,000,000 VND to 20,000,000 VND.
  • For organizations: Fine from 20,000,000 VND to 40,000,000 VND.

At the same time, it is forced to return the illegal profits gained from committing the violation.

5. Fees for marriage registration  

Fees for marriage registration with foreign nationals vary by locality, for example:

  • Hanoi: 1,000,000 VND per registration (Resolution No. 06/2020/NQ-HDND);
  • Ho Chi Minh City: 1,000,000 VND per registration (Resolution No. 124/2016/NQ-HDND).

IV. NPLaw’s advisory services for marriage registration with foreign nationals

The above information is provided by NPLaw to assist clients in understanding the legal requirements and procedures for marriage registration with foreign nationals. For further inquiries or legal assistance, please contact NPLaw directly for tailored advice and support.