Marriage and family in Vietnam

Marriage and family matters are of importance to each individual. Decision on such will impact their life for a long period of time. Marriage and family lawyers could help clients make right decisions and provide services required. At ANT Lawyers, a law firm in Vietnam with offices in Hanoi and Ho Chi Minh City, we assist clients on:

-Consulting the general provisions of the Law on Marriage and Family in Vietnam;

-Reviewing and drafting prenuptial agreement;

-Advising on marriage with foreigners;

-Advising on divorce involving foreigners;

-Consulting on division of property, children in divorce;

-Consulting on lawsuit to protect interests;

-Lawyers representing and protecting the clients at competent authorities;

-Consulting on child adoption procedures.

Please contact us for inquiries through email ant@antlawyers.vn, call our office at +84 28 730 86 529 or talk to our partner directly at + 84 912 817 823

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The cases for marriage registration be rejected when marriage with foreign elements

When marriages with foreign element are rejected?

Before a foreigner and Vietnamese decide to get married, they must have known each other for some time. However,due to difference in cultures, and laws in different countries, they might fall under cases which are not allowed by Vietnam State Authority to get married.

The marriage registration of marriage with foreign elements will be rejected in the following cases:

-One or both parties fail to reach the Vietnam legal age of marriage

-The foreign applicant is not old enough to get married under the laws of the country where he/she is a citizen or permanent resident (for stateless persons)

-The marriage is not voluntarily decided by both parties

-There is deception, forced marriage

-One or both parties are married

-One or both parties lose the civil act capacity

-The parties are in the direct line of descent or relatives within three generations

-The parties are or have been father, mother and child, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and his wife’s children, stepmother and her husband’s children

-The parties of the same sex (men marrying men and women marrying women)

-The marriage registration is also be rejected, if the results of the interview, examination, verification show that the marriage through illegal brokers, sham marriage does not aim to build a prosperous, equality, progress, happiness and sustainability family, married inconsistent with the habits and customs of culture, taking advantage of the marriage to trafficking in women and sexual abuse against women or for other personal benefits.

ANT Lawyers provide services for marriage and family, please contact us for advices at email: ant@antlawyers.vn or call us at +84 28 730 86 529.

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New procedure in marriage with foreign element

From February 17th 2014, the marriage between Vietnamese and foreigner belonging to one of following cases must be consulted, supported by the Center of Consulting, supporting marriage and family with foreign element:

Marriage dispute law firm in Vietnam

-A spouse is 20 years older than the other.

-The foreigners get married the third time or have married and divorced with the Vietnamese ex-spouses in the past.

-Either spouses have not yet understood the family situation, personal situation of each other; don’t understand the language, customs, habits, culture, laws on marriage and family of the other country.

-In above cases, the Department of Justice at provincial level must organize interview(s) before issuing the Clarification of marriage status for Vietnamese party.

-Besides, after 90 days from the date issuing marriage certificate, if the parties do not conduct marriage registration ceremony, the Marriage Certificate will become invalid.

ANT Lawyers have experience in civil and family matters to advice clients whom are interested for such legal service in Vietnam. We assist our clients in the process of reviewing agreements, procedures and concerned matters in civil and family.

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Cases Are Rejected When Get Married with Foreign Element in Vietnam

The law of Vietnam prescribed quite detail about the marriage with foreign elements.

The registration of marriage with foreign elements will be rejected in the following cases:

-One or both parties are not old enough to get married under the laws of Vietnam

-The foreign applicant is not old enough to get married under the laws of the country of which he/she is a citizen or permanent resident (for stateless persons)

-The marriage between men and women is not due to a voluntary decision

-There is deception, coercion in the marriage

-One or both parties had husband or wife

-One or both parties had lost their capacity for civil acts

-The parties have the same direct blood line or relative within three generations

-The parties are or have been the adoptive parents and adopted children, father in law and daughter in law, mother in law and son in law, stepfather and his wife’s stepchild, stepmother and her husband’s stepchild

-The parties of the same sex (men marrying men, women marrying women)

-The marriage registration will also be rejected if the results of the interview, and verification showed that the marriage through illegal brokerage; sham marriage that is not intended to build prosperous, equal, progressive, happy and sustainable family; marriage is inconsistent with the fine traditions of the nation; taking advantage of marriage to trafficking of women, sexual abuse against women or for other self-seeking purposes.

ANT Lawyers- Law firm in Vietnam has experience in civil and family matters to advice clients whom are interested for such legal service in Vietnam. We assist our clients in the process of reviewing agreements, procedures and concerned matters in civil and family.

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Marriage Involving Foreign Elements in Vietnam

Cross culture marriage in Vietnam is getting more popular due to the further integration of Vietnam into world’s economy and people relocation for better living.

It is understandable that a foreigner who works and lives in Vietnam wishing to register marriage with a Vietnamese or even another foreigner under Vietnam laws.

However, it is challenging for foreigners to be aware of the legal provisions governing the issue of marriage involving foreign elements in Vietnam. The parties involved in the marriage should to go through not so simple administrative procedures, because of the complexity of managing and protecting the legitimate rights of not only Vietnamese citizens, but also foreigners, to be governed under the Law on Civil Status.  It is not unfamiliar when husband and wife agree to sign prenuptial agreement, agreements on personal assets and properties, and agreements to separate assets and properties during the marriage time.

Procedures for Registration of Marriage in Vietnam

According to the current law provisions, the competence to register marriage between a Vietnamese citizen and a foreigner belong to the District People’s Committee where the Vietnamese citizen is residing. In addition to papers relating to declarations and documents that must be prepared, in order to marry a Vietnamese citizen, a foreigner have to submit papers proving their marital status issued by a competent authority of the country which he/she is a citizen. The certificate issued no more than six months, up to the time of application, confirming the current no spouse. In case, foreign law does not provide for the granting of papers certifying the marital status, the papers shall be replaced by the foreign competent bodies certifying that such persons meet all the marriage conditions under the laws of that country. Documents, papers issued by the competent authority of the foreign country must be notarized, legalized and authenticated.

After submitting complete, and valid dossiers and paying the necessary fees, if the marriage conditions are fully met, the chairperson of the District People’s Committee will approve the application. Upon marriage registration, both husband and wife must be present at the head office of the People’s Committee, and both will sign in the marriage certificate.

Foreigner’s Challenges?

To register marriage involving foreign in Vietnam, foreigners must have a marital status documents issued by a foreign competent authority where he/she is a citizen. Depending on the country, the paper proving citizen’s marital status issued to citizens when they apply for marriage registration is different. Most of the difficulties the foreigners encountered are the application for the issuance of papers abroad and at the same time they must carry out administrative procedures for the legalization of that document at the competent authority in Vietnam. Thus, the time required to prepare necessary documents and documents is generally long with strict administrative procedures.

In fact, marriages involving foreign couples encounter procedural difficulties and take a considerable amount time for preparation.

ANT Lawyers have experience in civil and family matters to advice clients whom are interested for such legal service in Vietnam.   We assist our clients in the process of reviewing agreements, procedures and concerned matters in civil and family.

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