New Regulations on Marriage Registration with Foreigners

New Regulations on Marriage Registration with Foreigners

Authority for Marriage Registration

The People’s Committees of communes, wards, and special zones (hereinafter referred to as “communal-level People’s Committees”) are authorized to perform marriage registration.
(Article 4 of Decree No. 120/2025/NĐ-CP, effective from July 1, 2025)

Marriage Registration Procedures

(Based on Article 38 of the Law on Civil Status 2008)

1. Both the man and woman must submit a marriage registration application form and a medical certificate issued by a competent Vietnamese or foreign medical organization confirming that the person does not suffer from mental illness or any other disease that prevents them from being aware of or controlling their actions, to the civil status registration agency.

Foreigners and overseas Vietnamese must also submit documents proving their marital status, and a copy of their passport or an equivalent travel document.

1. Within 15 days from the date of receiving a complete application as prescribed in Clause 1 of this Article, the civil status officer must conduct verification. If the marriage meets the legal conditions, the Justice Division shall report to the Chairperson of the commune-level People’s Committee for settlement.
2. When registering the marriage, both parties must be present at the office of the People’s Committee. The civil status officer shall ask for their consent. If both voluntarily agree to the marriage, the officer shall record the marriage in the Civil Status Register, and both parties shall sign it. Both the man and woman must also sign the Marriage Certificate, which will then be presented by the Chairperson of the People’s Committee.
3. The Government may issue additional regulations regarding required documents, interview and verification procedures to determine the purpose of marriage, and the issuance of Certificates of Marital Status for Vietnamese citizens marrying foreigners abroad, ensuring the lawful rights and interests of both parties.

Detailed Guidelines (Articles 30, 31, 32 of Decree No. 123/2015/NĐ-CP)

Article 30. Marriage Registration Dossier

1. The marriage registration dossier shall be prepared according to Clause 1, Article 38 of the Law on Civil Status and include:
   a) Both parties may fill out a joint marriage registration form;
   b) The marital status certificate of the foreigner must be issued by a competent foreign authority and remain valid, confirming that the person is not currently married.
   • If the foreign country does not issue such a certificate, it can be replaced by a document confirming that the person is eligible to marry under that country’s law.
   • If the marital status certificate does not specify a validity period, it and the medical certificate mentioned in Clause 1, Article 38 of the Law on Civil Status are valid for 6 months from the date of issue.
2. If the foreigner does not have a passport, they may present an international travel document or a residence card instead.
3. In addition to the documents mentioned above:
   • If the Vietnamese citizen has divorced or had a previous marriage annulled abroad but the information has not yet been recorded in the national civil status or population database, the civil status authority shall guide them to complete the divorce or annulment recording procedure before registering a new marriage.
   • If the applicant is a civil servant, public employee, or member of the armed forces, they must submit a written approval from their managing agency confirming that the marriage with a foreigner does not violate sectoral regulations.

Article 31. Order of Marriage Registration

1. Within 10 working days from receiving a valid dossier, the Justice Division shall examine and verify it as necessary. The Head of the Justice Division is responsible for the review results and recommendations on handling the application.
2. If the dossier is valid and both parties are eligible to marry under the Law on Marriage and Family, and not subject to any prohibition under Article 33 of this Decree, the Justice Division shall report to the Chairperson of the commune-level People’s Committee for signing two original copies of the Marriage Certificate.
3. Depending on specific circumstances, the Ministry of Justice may propose to the Prime Minister to require interviews for marriage registration applications to ensure the legitimate rights of the parties and effective state management.

Article 32. Presentation of the Marriage Certificate

1. Within 3 working days after the Chairperson signs the Marriage Certificate, the Justice Division shall organize its presentation to both parties.
2. The issuance of the Marriage Certificate shall comply with Clause 3, Article 38 of the Law on Civil Status.
3. The Marriage Certificate takes effect from the date it is recorded in the civil status register and presented to the parties.
4. If one or both parties cannot be present to receive the certificate, upon their written request, the Justice Division may extend the issuance period, but not exceeding 60 days from the signing date.
   • After 60 days, if neither party comes to receive the certificate, the Justice Division must report to the Chairperson to cancel the signed certificate.
   • If the couple still wishes to marry afterward, they must reapply for marriage registration from the beginning.

Issuance of Certificate of Marital Status

(Guided in Section 3, Chapter III, Decree No. 123/2015/NĐ-CP)

Article 21. Authority to Issue Certificates of Marital Status

1. The commune-level People’s Committee of the permanent residence of the Vietnamese citizen has authority to issue the Certificate of Marital Status.
   • If the person has no permanent residence but has temporary residence registration under the residence law, the People’s Committee of the temporary residence area shall issue the certificate.
2. The same regulation applies to foreigners and stateless persons residing in Vietnam who request a Certificate of Marital Status

Article 22. Procedures for Issuance of the Certificate of Marital Status

1. The applicant for certification of marital status shall submit a completed declaration form as prescribed. In case the certification is requested for the purpose of marriage, the applicant must fully satisfy the marriage conditions in accordance with the Law on Marriage and Family.
2. If the applicant has been married but is now divorced, or if the spouse has died, the applicant must present or submit valid documents evidencing such facts; if falling under the circumstances specified in Clause 2, Article 37 of this Decree, the applicant shall submit a certified extract of the relevant civil status record.
3. Within three (03) working days from the date of receipt of a complete and valid dossier, the civil status – judicial officer shall verify the applicant’s marital status. If the applicant meets all conditions and the issuance of the Certificate of Marital Status complies with the law, the civil status – judicial officer shall submit the dossier to the Chairperson of the People’s Committee for signature and issuance of one (01) Certificate of Marital Status to the applicant. The Certificate must accurately state the applicant’s marital status and the purpose for which it is issued.
4. If the applicant has resided in multiple places, he/she must provide documents proving his/her marital status at the previous places of residence (if any). Based on the information provided, the civil status registration authority shall verify the applicant’s marital status via the provincial-level administrative procedure settlement information system through connection with the electronic civil status database and the national population database.
   If such information cannot be retrieved due to lack of data, the civil status registration authority shall coordinate with relevant agencies to conduct verification. The time limit and method for requesting verification shall comply with Clause 5, Article 3 of this Decree.
5. On the same day that a written verification result is received, if there is sufficient basis, the commune-level People’s Committee shall issue the Certificate of Marital Status to the applicant in accordance with Clause 3 of this Article.
6. In case an individual requests reissuance of the Certificate of Marital Status for another purpose, or the previous Certificate has expired pursuant to Article 23 of this Decree, he/she must return the previously issued Certificate.

Article 23. Validity of the Certificate of Marital Status

1. The Certificate of Marital Status is valid for six (06) months from the date of issuance.
2. The Certificate may be used for marriage registration at a Vietnamese diplomatic mission abroad, a competent foreign authority overseas, or for other lawful purposes.
3. The Certificate of Marital Status is invalid if used for a purpose other than that specified therein.

Guidance on Issuance of the Certificate of Marital Status

(Provided in Circular No. 04/2020/TT-BTP)

Article 12. Issuance of the Certificate of Marital Status

The issuance of the Certificate of Marital Status shall comply with Articles 21, 22, and 23 of Decree No. 123/2015/NĐ-CP and the following guidelines:

1. If an applicant requests reissuance of a Certificate of Marital Status for marriage but cannot return the previously issued certificate, the applicant must clearly state the reason. Within three (03) working days from receipt of the dossier, the civil status registration authority shall send a written request to the place where the applicant intended to register the marriage for verification.
   If verification cannot be obtained or no reply is received, the authority shall allow the applicant to make a written affidavit of marital status as prescribed in Articles 4 and 5 of this Circular.
2. The Certificate of Marital Status remains valid until the marital status changes or for six (06) months from the date of issuance, whichever comes first.

Example:
If a Certificate of Marital Status is issued on 03 February 2020, but the holder registers marriage on 10 February 2020, the certificate shall only be valid until 10 February 2020.

3. When the Certificate is requested for marriage purposes, only one (01) copy shall be issued. The certificate must specify the full name, date of birth, nationality, identification document, and place of intended marriage registration of the prospective spouse.

Example:
“This Certificate is issued for the purpose of marriage with Mr. Nguyễn Việt K, born in 1962, Vietnamese citizen, Passport No. B123456 issued by the Embassy of Vietnam in the Federal Republic of Germany on 01 February 2020, at the People’s Committee of Hoài Đức District, Hanoi City.”

“This Certificate is issued for the purpose of marriage with Mr. KIM JONG DOEK, born in 1970, Korean citizen, Passport No. HQ12345 issued by the competent authority of the Republic of Korea on 02 February 2020, at a competent authority of the Republic of Korea.”

4. If the Certificate is requested for a purpose other than marriage registration, the applicant is not required to meet marriage conditions. The certificate must specify the intended purpose and state that it is not valid for marriage registration. The number of copies shall be issued as requested.

Example:
“This Certificate is issued for the purpose of a real estate transaction and is not valid for marriage registration.”

5. If the request for a Certificate of Marital Status is for marriage with a person of the same sex or for marriage with a foreigner at a foreign diplomatic mission in Vietnam, the civil status registration authority shall refuse to process the request.