Reader’s Inquiry: Ms. Phương, a resident of Hòa Vang District, Đà Nẵng City, asks: I am a Vietnamese citizen married to a U.S. citizen, and we registered our marriage in the United States. As we plan to relocate to Vietnam, do we need to re-register our marriage under Vietnamese law to have it recognized? If not, what steps should we take to prove our marriage is legally valid in Vietnam?

Response by Mys Law

With millions of Vietnamese citizens residing abroad, many have entered into marriages with foreign nationals in their country of residence. Upon returning to Vietnam for long-term stays, these couples often engage in civil transactions, such as purchasing property or entering contracts, which require proof of a legally recognized marriage. For couples like Ms. Phương and her husband, a common concern is whether a marriage registered abroad must be re-registered in Vietnam and, if not, how to ensure its legal validity in the country.

Under Vietnam’s legal framework, specifically Clause 1, Article 48 of the Civil Status Law 2014, marriages registered by competent foreign authorities do not need to be re-registered in Vietnam. Instead, Vietnamese citizens must record their foreign marriage in Vietnam’s civil status register to ensure its recognition. This process, handled by the district-level People’s Committee where the Vietnamese citizen resides, applies to various civil status events, including marriages, births, and adoptions, that were resolved abroad.

Conditions for Recording a Foreign Marriage

For a foreign marriage to be recorded in Vietnam’s civil status register, it must meet specific conditions outlined in Article 34 of Decree No. 123/2015/ND-CP. At the time of the marriage, the couple must have complied with the requirements of Vietnam’s Law on Marriage and Family 2014. These requirements include: the groom being at least 20 years old and the bride at least 18; the marriage being a voluntary decision by both parties; both parties having full civil act capacity; and the marriage not falling under prohibited categories, such as fraudulent marriages, underage marriages, coerced marriages, or marriages involving individuals already legally married. Prohibited relationships also include those between direct blood relatives, close relatives within three generations, or specific adoptive relationships, as well as marriages driven by material demands.

In cases where the marriage did not fully meet these conditions at the time of registration abroad but did not violate any prohibitions, it may still be eligible for recording in Vietnam. This is possible if, at the time of the request, any issues have been resolved or if recording the marriage protects the rights of Vietnamese citizens or children, as per the Law on Marriage and Family.

Steps to Record a Foreign Marriage in Vietnam

To ensure their U.S.-registered marriage is recognized in Vietnam, Ms. Phương and her husband should follow the procedure outlined in Article 35 of Decree No. 123/2015/ND-CP:

  1. Gather Necessary Documents: The couple must prepare an application form as specified in Circular No. 04/2024/TT-BTP from the Ministry of Justice. They must also submit a legalized copy of their U.S. marriage certificate, authenticated by a Vietnamese consulate. If submitting by mail, they should include copies of valid identification documents, such as passports or citizen ID cards, for both spouses.
  2. Submit the Application: The application can be filed in person or by mail at the Justice Division of the People’s Committee in Hòa Vang District, where Ms. Phương resides. Note that after July 1, 2025, such procedures will be handled by commune or ward-level People’s Committees due to changes in administrative responsibilities.
  3. Obtain the Result: If the application meets all criteria, the Justice Division will record the marriage in the civil status register and request the Chairperson of the District People’s Committee to issue an official civil status extract. If the marriage violates any prohibitions under the Law on Marriage and Family, a written notice explaining the refusal will be provided. The process typically takes five working days, though it may extend to ten days if verification is required.

Ensuring Legal Recognition

By recording their U.S. marriage in Vietnam’s civil status register, Ms. Phương and her husband can ensure its legal recognition, allowing them to engage in civil transactions without obstacles. This process eliminates the need to re-register the marriage while providing official documentation to prove its validity in Vietnam. For a smooth and accurate process, consulting with legal professionals at Mys Law is advisable to navigate the requirements effectively.

The above information is provided by Mys Law. For any questions regarding the content of this article, please contact 0969.361.319 or email: [email protected] for further clarification. Best regards!

Compiler: Nguyen Anh Quan