Determine the foreign factors in marriage relationships in Vietnam

In the era of global integration, the activities of citizens, including economic and social activities, are no longer limited to the national scope. Marriage relationships are no exception, nowadays marriages with foreign factors are becoming more common and the demand for legalizing marriages with foreign factors is increasing. This article will provide some legal regulations on registering marriages with foreign factors.

1. Identify the foreign factors in marriage relationships

The Law on Marriage and Family 2014 defines a marriage and family relationship with foreign factors in Article 3.25 as follows:A marriage and family relationship with foreign factors is a marriage and family relationship in which at least one party participating is a foreigner, a Vietnamese settled abroad; a marriage and family relationship involving Vietnamese citizens but based on establishing, changing, terminating that relationship according to foreign law, arising abroad, or property related to that relationship in a foreign country.

Accordingly, a marriage and family relationship is identified as having foreign factors when it meets one of the specific conditions as follows:

- Vietnamese citizen marrying a foreigner.

- Two Vietnamese citizens marrying each other but both residing abroad.

- Vietnamese citizen residing in the country marrying a Vietnamese citizen settled abroad.

- Vietnamese citizen with two or more different nationalities marrying a Vietnamese citizen or a foreigner.

2. Jurisdiction of registering marriages with foreign factors

Article 126 of the Law on Marriage and Family 2014 stipulates that a foreigner must still comply with the laws of Vietnam regarding marriage conditions in cases where a marriage relationship between a Vietnamese citizen and a foreigner is conducted at the competent state agency in Vietnam.

Accordingly, based on Article 37 of the Nationality Law 2014, the jurisdiction to register marriages with foreign factors is determined as follows:

- The district People's Committee where the Vietnamese citizen resides performs the marriage registration between a Vietnamese citizen and a foreigner.

- In cases where a foreigner residing in Vietnam requests marriage registration in Vietnam, then the district People's Committee where one of the parties resides shall perform the marriage registration.

Furthermore, in cases where citizens marry foreigners in border areas or Vietnamese citizens residing in border villages marry citizens of neighboring countries residing in equivalent administrative units at the commune level of Vietnam, adjacent to the border village where the Vietnamese citizen resides, the marriage registration will be carried out by the commune People's Committee in that border area.

3. Procedures for registering marriages with foreign factors

Marriage relationships with foreign factors have different targets compared to domestic marriage relationships, so when carrying out procedures for registering marriages with foreign factors in the competent authority, the parties need to prepare a file including all types of documents specified in Article 38 of the Nationality Law 2014, including:

Therefore, when carrying out procedures for registering marriages at the competent authority, the parties need to prepare complete documents including:

- Marriage registration form with foreigners, confirmation of marital status of the foreigner issued by the competent foreign authority, confirmation of health status to confirm that the applicant is not suffering from mental illness or other illnesses affecting cognitive ability and behavioral control by the medical authority;

- Personal identification documents;

- Confirmation from the agency, unit managing to confirm that the marriage with a foreigner does not violate the regulations of the workplace for Vietnamese citizens who are civil servants, officials, or serving in the armed forces.

Note: The above documents must be legalized by the consular office and translated into Vietnamese with notarized translation or certified signature of the translator according to legal regulations; and must be valid.Furthermore, when registering marriages, both the male and female parties must be present at the People's Committee headquarters, if the parties voluntarily marry, the marriage will be recorded in the Household Registration Book. Both male and female parties will sign in the Household Registration Book and Marriage Certificate.

In cases where the parties meet the conditions for marriage according to regulations, the Chairperson of the district People's Committee will sign the Marriage Certificate for both the male and female parties, the Department of Justice will organize the awarding of Marriage Certificates to both parties, each party will receive 01 copy. Both parties must be present for the awarding of this certificate.