PROCEDURE TO GET MARRIED TO A FOREIGNER

Legal situation: 

I am carrying out the procedure to get married to a Chinese (Taiwan) in Vietnam. When researching the legal provisions on the dossiers, I found out that there is no need to provide the household book of the Chinese. However, when submitting the dossiers to the District People’s Committee, I was required to provide the legally authenticated household book of the Chinese. I would like to know if I have to provide this document to my marriage dossiers. Thank you.

FDVN’s Opinions:

Thank you for trusting and sending your question to FDVN Law Firm. Regarding you request, we have the following opinions:

According to Article 38 of Law on Civil Status 2014 on the dossiers submitted when registering the marriage with foreigner:

- A declaration, made according to a set form;

- A written certification of a competent Vietnamese or foreign health organization stating that he/she does not suffer any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts to the civil status registration agency;

- Foreigners and Vietnamese citizens residing abroad shall additionally submit papers proving their marital status and copies of their passports or valid passport substitute papers.

A document certifying the marital status of a foreigner is a document that is issued by a foreign competent authority, remains valid, and certifies that the holder is being single. If the foreign country does not issue a document certifying marital status, an equivalent document issued by the foreign competent authority certifying the holder’s eligibility for marriage as prescribed in law of such country is required.

Thus, in reality, there are some nations that do not grant the marriage status certificate like Vietnam. Then, the document proving that that person is entitled to get married shall be applied.

On 18/3/2021, the Agency of Civil status, Nationality and Authentication issued Official Dispatch No. 186/HTQTCT-HT on continuously providing information related to documents proving the marital status of foreigners and death registration information for Vietnamese citizens in China (Taiwan). Accordingly, the competent Agency of Civil status in China (Taiwan) does not grant a “Single Certificate”. Those who request to carry out the procedures for declaring or taking the oath of celibacy must go to the competent Agency of Civil to apply for a "Household Extraction". After obtaining this extraction, they must notarize it at Notary Public, then need to certify it at the Taipei Economic and Cultural Office in Vietnam.

Thus, when carrying out the procedures for marriage registration with a Vietnamese citizen at a competent Vietnamese agency, a Chinese (Taiwan) citizen must have a Declaration or Oath of celibacy, enclosed with an extract of household registration and make identification documents and certifications of competent authorities in China (Taiwan).

This is FDVN’s opinion related to your consulting request. Hope it’s useful to you.

Hà Thị Hiền – FDVN Law Firm

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