The Ministry of Justice has recently issued a circular, guiding the implementation of the Government decree on marriage and family relationship related to foreigners, which is regulated in the Marriage and Family Law.
Accordingly, certificates, which recognize marital status and appropriateness for getting married in accordance with regulations of the country in which a person acquires his or her nationality or permanent residence registration, must be applied.
Each spouse must fill in a marriage registration form with his or her information and sign his or her name. If both are present for application, they just fill in one marriage registration form with their information and sign their names.
If the form is confirmed by an authorised agency of Viet Nam about his or her marriage status, he or she must not apply a certificate recognising the marital status. If both spouses have certificates on their marital status, their marriage registration form must not be affirmed.
Overseas Vietnamese, who have or do not have the host country’s nationality, must apply the certificate on marital status issued by Viet Nam’s representative mission in that country or documents certifying the marital status issued by the host country’s authorized agencies.
Overseas Vietnamese, who has foreign nationality, must apply the certificate on marital status issued by authorized agencies of the country which they adopt the nationality or the certificate issued by authorised agencies of Viet Nam.
People without nationality reside permanently in Viet Nam must apply their marital status certificates issued by the communal People’s Committee of their residential place.
In terms of recognizing conditions for marriage, foreigners, who do not permanently reside in Viet Nam, must apply their marital status certificates issued by authorized agencies of the country where they take their nationality or permanently reside. They must also apply certificates recognizing that they meet conditions to get married in accordance with the country’s law, except from the case if that country does not issue such certificates.
The circular also regulates that Vietnamese citizens, who get married with foreigners, must be consulted and supported by centers for consulting and supporting marriage and family related to foreigners.
The circular will take effect on February 17, 2014.
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