Conditions, Dossiers, and Procedures for Marriage Registration Under Vietnamese Law

1. Conditions for Marriage Registration

Pursuant to Article 8 of the 2014 Law on Marriage and Family, to register a marriage, the man and woman must meet the following conditions:

• Age: The man must be 20 years of age or older, and the woman must be 18 years of age or older.
• Voluntariness: The marriage must be voluntarily decided by both the man and the woman.
• Civil Act Capacity: Neither party has lost their capacity for civil acts.

Prohibited Cases: The marriage must not fall into one of the prohibited cases as stipulated, including:

• Sham marriage.
• Child marriage, forced marriage, deceitful marriage, or obstruction of marriage.
• A person who is already married marries another person, or an unmarried person marries a person who is already married.
• Marriage between people of the same direct bloodline; between relatives within three generations; between adoptive parents and adopted children; between a person who was once an adoptive parent and an adopted child, a father-in-law and a daughter-in-law, a mother-in-law and a son-in-law, a stepfather and a wife's own child, a stepmother and a husband's own child.
• Furthermore, the law only recognizes marriage between a man and a woman; same-sex marriage is not recognized.

For marriages involving foreign elements, Article 126 of the 2014 Law on Marriage and Family further stipulates:

• Between a Vietnamese citizen and a foreigner: Each party must comply with the laws of their own country regarding marriage conditions. If the registration is conducted in Vietnam, the foreigner must also comply with the provisions of Vietnamese law.
• Between foreigners residing in Vietnam: If registering at a competent Vietnamese authority, the parties must comply with the provisions of Vietnamese law on marriage conditions.

2. Dossier and Procedure for Marriage Registration without Foreign Elements

2.1. Required Dossier

Documents to be submitted: A marriage registration application form in the prescribed format.

Documents to be presented:

• Passport, Identity Card, Citizen Identification Card, or other personal identification documents with a photograph.
• A document proving information on residency (if the civil status registration agency cannot access the information itself).

2.2. Order and Procedure

Submission method: Directly at the competent authority or online via the National Public Service Portal/Provincial Public Service Portal.

Competent authority: The commune-level People's Committee where one of the two parties resides.

Processing time:

• Within the same working day if the dossier is complete and valid.
• No more than 05 working days in cases where further verification of marriage conditions is required.

3. Dossier and Procedure for Marriage Registration with Foreign Elements

3.1. Required Dossier

Documents to be submitted:

• A marriage registration application form in the prescribed format.
• A certificate from a competent health organization (in Vietnam or abroad) confirming that the person does not suffer from a mental illness or other diseases that render them incapable of perceiving and controlling their own acts.
• A document certifying the marital status of the foreigner, issued by a competent authority of their home country, confirming that they are currently unmarried. If such a document is not issued, a document confirming their eligibility to marry under the laws of that country is required instead.
• A copy of the passport or a valid equivalent document (for foreigners and overseas Vietnamese).
• A copy of the civil status extract regarding a divorce or the annulment of an illegal marriage (for Vietnamese citizens who have divorced/annulled a marriage abroad).
• A written confirmation from the managing agency or unit that the marriage does not violate the regulations of that sector (for Vietnamese public officials, civil servants, or those serving in the armed forces).
• A certificate of marital status issued by a Vietnamese diplomatic or consular mission abroad (for individuals who are working, studying, or on a fixed-term labor contract abroad).

Documents to be presented:

• The original passport, ID card, Citizen ID card, or other personal identification. Foreigners may present an international travel document or a residence card.
• A document proving information on residency (if necessary).

3.2. Order and Procedure

Submission method: Directly at the competent authority or online via the National Public Service Portal/Provincial Public Service Portal.

Competent authority:

• The district-level People's Committee where the Vietnamese citizen resides in cases of: marriage with a foreigner; marriage between a domestic Vietnamese citizen and an overseas Vietnamese; between overseas Vietnamese; between a Vietnamese citizen who also holds a foreign nationality and another Vietnamese citizen or a foreigner.
• The district-level People's Committee where one of the two parties resides in the case of foreigners residing together in Vietnam.

Processing time: 05 working days. In cases requiring verification, the processing time shall not exceed 10 working days.

4. Conclusion

In summary, for a marriage to be recognized and protected by law, the parties must strictly adhere to the conditions regarding age, voluntariness, civil act capacity, and not fall into any of the prohibited cases. Concurrently, preparing a complete dossier and correctly following the order and procedures at the competent state authority are mandatory elements. A thorough understanding of these regulations not only facilitates a smooth registration process but also establishes a solid legal foundation for building a stable and happy family.

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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