Gavin Howe
Marriage and family law in Vietnam has undergone significant changes over the past few decades, with reforms ending arranged marriages and polygamy, addressing gender equity, clarifying legal obligations, and establishing new divorce procedures. The country has specific requirements for marriages involving foreigners, including compliance with the Law on Family and Marriage and the Civil Code. Common-law marriage, on the other hand, is a concept where a couple acquires legal recognition as a married couple after cohabiting for a certain period without undergoing a formal marriage ceremony. So, does common-law marriage exist in Vietnam, and what are the requirements for foreigners to legally marry in the country?
| Characteristics | Values |
|---|---|
| Common-law marriage recognition | No evidence found |
| Legal marriage requirements | Marriage is governed by the Law on Family and Marriage and the Civil Code. |
| Foreigner marriage requirements | Foreigners must comply with Vietnamese law and the laws of their country of citizenship. |
| Marriage procedures | The Council of Ministers determines marriage procedures. |
| Marriage age requirements | Men must be over 20, and women must be over 18. |
| Marriage consent | Marriage must be based on the voluntary consent of both parties. |
| Marriage capacity | Both parties must have full civil act capacity and be capable of making sound decisions. |
| Prohibited marriages | Fake marriages, early marriages, coercion, deception, marriages where one party is already married, and marriages between people with direct blood relations within three generations are prohibited. |
| Marriage registration | The marriage registration fee at the district-level People's Committee is VND 1 million per case. |
| Marriage recognition | To be recognized in their home country, foreigners must register their marriage there as well. |
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What You'll Learn
Marriage laws for foreigners in Vietnam
Marriage laws in Vietnam require strict compliance with legal regulations, and the process can be complex for foreigners. To ensure a smooth marriage process, it is important to be well-prepared, understand the law, and seek help from legal professionals.
Firstly, it is important to note that Vietnamese law does not recognize same-sex marriage. Marriages are only permitted between heterosexual couples, with the man over 20 years old and the woman over 18. Both parties must be free to marry, capable of making sound decisions, and not closely related by blood for at least three generations.
For foreigners wishing to marry in Vietnam, at least one person must have residency or temporary residency status in the country. The couple must follow the legal requirements under the Law on Family and Marriage and the Civil Code to apply for marriage with the Department of Justice. The marriage application is submitted to the Department of Justice, and foreigners must include documents from their home country verifying their eligibility to marry and proof of residency status.
According to Article 30 of Decree 123/2015/ND-CP, the following documents are required for marriage registration in Vietnam:
- Documents verifying eligibility to marry according to the laws of their home country, such as a marital status certificate or a similar confirmation document.
- A health certificate, which is only valid for six months from the date of issuance.
- Copy of passport, international travel document, or residence card.
- Additional documents may be required, such as divorce or annulment papers for previously married individuals.
The marriage is then solemnized by an official at the provincial Department of Justice, where the couple must agree to enter the marriage voluntarily. The marriage certificate is signed and registered, and the couple is legally married in Vietnam.
It is important to note that registering the marriage in the foreigner's home country may be mandatory if they want their marriage to be recognized there. Additionally, after the marriage, the foreigner may need to change or extend their residency status in Vietnam.
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Marriage between Vietnamese citizens and foreigners
In Vietnam, the Law on Family and Marriage and the Civil Code govern marriages. There are three types of legal marriages in Vietnam:
- A marriage between two Vietnamese nationals who provide the appropriate documentation and comply with the procedures to be issued with a marriage certificate.
- A marriage between a Vietnamese citizen and a foreigner, where the foreigner must provide evidence they are free to marry and enter the marriage voluntarily. In this case, each party must comply with the provisions of the marriage law of their own country, and the foreigner must also comply with Articles 5, 6, and 7 of Vietnamese law.
- A marriage between two foreign nationals where at least one (and often both) has residency or temporary residence status in Vietnam.
The requirements for marriage registration in Vietnam can vary from locality to locality and are subject to change. However, there are some general requirements for a legal marriage in Vietnam. Both parties must be free to marry, capable of making sound decisions, and not closely related by blood. The man must be over 20, and the woman must be over 18.
For marriages between Vietnamese citizens and foreigners, the marriage procedures are determined by the Council of Ministers. Matters regarding relations between the spouses, property, parenthood, annulment of marriage, divorce, child adoption, and guardianship are regulated by Council of State Decrees. Where there is an agreement on legal assistance regarding marriage and family between Vietnam and the foreigner's country, the provisions of that agreement shall be applied.
Same-sex marriages between people of any nationality are permitted in Vietnam but are not recognized under the Law on Family and Marriage. Same-sex marriages were prohibited in Vietnam until 2013 when the government issued a decree removing the penalty for public same-sex wedding ceremonies.
There is a history of international marriage of Vietnamese women, dating back to the colonial period and Vietnam War when some Vietnamese women married Europeans and Americans. More recently, some Vietnamese women have married Korean and Taiwanese men, often with a significant age gap.
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Legal recognition of marriage in home country
Marriage in Vietnam is governed by the Law on Family and Marriage and the Civil Code. The legal recognition of marriage in Vietnam requires strict adherence to the country's laws and regulations.
Marriage between two Vietnamese nationals
A marriage between two Vietnamese nationals requires the provision of appropriate documentation and compliance with procedures to obtain a marriage certificate. Both parties must be over the age of 18, with the male being at least 20 years old, and must be free to marry, capable of making sound decisions, and not related by blood for at least three generations.
Marriage between a Vietnamese national and a foreigner
In the case of a marriage between a Vietnamese citizen and a foreigner, each party must comply with the marriage laws of their respective countries. The foreigner must provide evidence that they are free to marry and enter the marriage voluntarily. The marriage procedures are determined by the Council of Ministers, and matters regarding relations between the spouses, property, parenthood, annulment, divorce, child adoption, and guardianship are regulated by Council of State Decrees.
Marriage between two foreign nationals
For a marriage between two foreign nationals, at least one party must have residency or temporary residence status in Vietnam. Both parties must comply with the marriage laws of their respective countries and provide the necessary documentation.
Legal recognition of marriage in the home country
To have their marriage recognized in their home country, foreigners must register their marriage there as well. This involves understanding the legal regulations and managing the necessary paperwork, which may include language barriers and complex procedures. It is advisable to seek assistance from legal experts or professional law firms to ensure a smooth process.
Historical context
It is worth noting that Vietnam's marriage and family laws have undergone significant reforms over the past 40 years. The Marriage and Family Law of 1959 ended arranged marriages and polygamy, addressing gender equity. The Law on Marriage and the Family of 1986 clarified the legal obligations of married partners, defined parental responsibilities, and established new procedures for divorce. The 1994 Decree on Marriage and the Family aimed to protect Vietnamese families from external influences and address concerns about rapid modernization.
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Residency requirements for marriage in Vietnam
Residency is a key factor in determining whether a foreigner can get married in Vietnam. The country's laws do not regulate marriages between two non-Vietnamese citizens unless at least one of them has a permanent or temporary resident permit.
For a foreigner to legally marry in Vietnam, at least one person in the couple must reside in the country. This is a requirement for both heterosexual and same-sex couples. Same-sex weddings are permitted but not recognised under the Law on Family and Marriage.
The marriage application is submitted to the Department of Justice, and foreigners must include documents from their home country verifying they are free to marry and proof of residency status. The Department of Justice and the provincial People’s Committee chairman assess the application, a civil ceremony is held, and the marriage certificate is signed and registered.
The Vietnamese government grants residency or temporary residency status. To obtain citizenship in Vietnam as a foreign citizen, you must live in the country for at least five years under a permanent residence permit. If you are married to a Vietnamese citizen, you are eligible for the five-year exempted visa or a residence permit.
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Marriage procedures and documentation
The three types of legal marriages in Vietnam are:
- A marriage between two Vietnamese nationals who provide the appropriate documentation and comply with the procedures to be issued with a marriage certificate.
- A marriage between a Vietnamese national and a foreign national, where the foreigner has provided evidence they are free to marry and enter the marriage voluntarily.
- A marriage between two foreign nationals where at least one (often both, depending on the provincial competent authority) has residency or temporary residence status in Vietnam.
For the first type of marriage, the marriage procedures shall be determined by the Council of Ministers. Matters regarding relations between the husband and wife, property, parenthood, annulment of marriage, divorce, child adoption, and guardianship are regulated by Council of State Decrees.
For the second and third types of marriage, foreigners must comply with the Law on Family and Marriage to have a legal marriage. This means that, in addition to the above-mentioned requirements, at least one person resides in Vietnam, the man is over 20, and the woman is over 18. Both parties must be free to marry, capable of making sound decisions, and not related by blood for at least three generations.
The marriage application is submitted to the Department of Justice. Foreigners must include documents from their home country verifying they are free to marry and proof of residency status. Documents must be translated into Vietnamese and notarized by the Vietnamese Embassy or other qualified Vietnamese notaries. The Department of Justice and the provincial People’s Committee chairman assess the marriage application, a civil ceremony is held at the Department of Justice, and the marriage certificate is signed and registered.
Marriages must be registered within 15 days of the date the District Justice Office receives a complete marriage application. Cases which require police verification are eligible for a 10-day extension.
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Frequently asked questions
Common-law marriage refers to a legally recognised marriage between two people who have lived together for a specified period, typically without a formal ceremony.
No, common-law marriage is not recognised in Vietnam. Marriage in Vietnam is governed by the Law on Family and Marriage and the Civil Code. This law outlines the requirements for legal marriages, which include age, residency, and marital status.
The requirements for a legal marriage in Vietnam include:
- At least one person must reside in Vietnam.
- The man must be over 20, and the woman must be over 18.
- Both parties must be free to marry, capable of making sound decisions, and not closely related by blood.
- Foreigners must provide documents from their home country verifying their eligibility to marry and proof of residency status.
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