Marriage Requirements Involving Foreign Elements In Vietnam
Some foreigners come to Vietnam and fall in love with Vietnamese and then they would like to get married in Vietnam. Or several foreigners come to Vietnam and they can not wait to get married in their country, they want to marry in the beautiful country –Vietnam. Then, can they do and what are the requirements for getting marriage in Vietnam?
According to Article 126, Law on Marriage and Family in Viet Nam, (i) for marriages between Vietnamese citizens and foreigners, each party shall comply with his/her country’s law on marriage conditions; if their marriage is conducted at a competent Vietnamese state agency, the foreigner shall also comply with this Law’s provision on marriage conditions.(ii) Marriages between foreigners permanently residing in Vietnam at competent Vietnamese agencies must comply with this Law’s provision on marriage conditions.
a /The man is full 20 years or older, the woman is full 18 years or older;
b/ The marriage is voluntarily decided by the man and woman;
c/ The man and woman do not lose the civil act capacity;
d/ The marriage does not fall into one of the cases:
+ Sham marriage or sham divorce;
+ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
+ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;
+ Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;
The new provision in this law is that the State shall not recognize marriage between persons of the same sex, it means that the government do not prohibit this case.
A marriage shall be registered with a competent state agency. A marriage which is not registered under this Clause is legally invalid.
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