IMPORTANT CONSIDERATIONS WHEN REGISTERING A MARRIAGE WITH FOREIGN ELEMENTS
In the era of global integration, all activities of citizens, including economic and social activities, are no longer limited within national borders. Marital relationships are no exception, marriages with foreign elements tend to become more popular nowadays and the demand for legalizing marriages with foreign elements is on the rise. In this article, TNTP will present some legal regulations regarding the registration of marriages with foreign elements.
1. Determining foreign elements in marital relationships
The 2014 Law on Marriage and Family defines marriage and family relationships with foreign elements in Article 3.25 as follows: “Marriage and family relation involving foreign elements means the marriage and family relation in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for establishing, changing or terminating that relation are governed by a foreign law, or that relation arises abroad or the property related to that relation is located abroad.”
Accordingly, marriage and family relationships are determined to have foreign elements when they meet one of the following specific conditions:
– Vietnamese citizens marry foreigners;
– Two Vietnamese citizens marry each other, but both are residing and settling abroad;
– Vietnamese citizens residing domestically marry Vietnamese citizens settled in a foreign country;
– Vietnamese citizens with two or more different nationalities marry Vietnamese citizens or foreigners.
2. Jurisdiction for registering marriages with foreign elements.
Article 126 of the 2014 Law on Marriage and Family stipulates that foreigners must still comply with the provisions of Vietnamese law on marriage conditions, in case a marriage relationship between a Vietnamese citizen and a foreigner is conducted at competent state agencies of Vietnam.
Accordingly, based on Article 37 of the 2014 Law on Civil Status, the jurisdiction for registering marriages with foreign elements is determined as follows:
– The district-level People’s Committee where the Vietnamese citizen resides is responsible for registering marriages between Vietnamese citizens and foreigners;
– In case a foreigner residing in Vietnam requests marriage registration in Vietnam, the district People’s Committee where either party resides is responsible for the marriage registration.
Additionally, in cases where a citizen marries a foreigner in a border area, or a Vietnamese citizen with permanent residence in a border commune marries a citizen of a neighboring country with permanent residence in the administrative unit equivalent to a Vietnamese commune, adjacent to the border commune where the Vietnamese citizen has permanently reside, the marriage registration will be conducted by the People’s Committee of the commune in that border area.
3. Procedures for registering marriages with foreign elements
Marital relationships with foreign elements involve different entities compared to domestic marital relationships. Therefore, when carrying out the procedures for registering marriages with foreign elements at the competent authority, the parties involved need to prepare a complete dossier, including all required documents as stipulated in Article 38 of the 2014 Law on Civil Status, including:
Accordingly, the parties when carrying out marriage registration procedures at the competent authority need to prepare a complete set of documents including:
– Declaration form for marriage registration with a foreigner, certificate of marital status issued by the competent foreign authority, health status confirmation to verify that the registrant is not afflicted with any mental or other illnesses affecting cognitive abilities and behavior issued by the medical authorities;
– Documents proving identity;
– Confirmation document from the managing authority or unit confirming that marriage with a foreigner does not violate the regulations of the workplace for Vietnamese citizens who are civil servants, public employees, or serving in the armed forces.
Note: The above documents must be consular legalized and translated into Vietnamese with the translation notarized or the translator’s signature certified according to the legal regulations; simultaneously, the documents must still be valid.
Furthermore, when registering for marriage, both men and women must be present at the People’s Committee headquarters. If the parties voluntarily get married, the marriage is recorded in the civil status book. Both men and women sign in the civil status book and marriage certificate.
In case the parties have met the conditions for marriage according to regulations, the Chairman of the District People’s Committee signs the Marriage Certificate for both men and women. The Justice Department organizes the issuance of the Marriage Certificate to both parties, each receiving 01 copy. The handing over of this certificate must be attended by both men and women.
Above are our legal shares on important considerations when registering a marriage with foreign elements. Hopefully through this article, TNTP can help you better understand of marriages involving foreign elements.
TNTP & ASSOCIATES INTERNATIONAL LAW FIRM