Introduction
Marriages involving foreign elements often raise questions regarding the applicable legal framework. Should such cases adhere to Vietnamese law, foreign law, or a combination of both? This article addresses these concerns by analyzing the relevant provisions under Vietnamese law and the principles governing such marriages.

Applicability of Law to Marriages Involving Foreign Elements

Under Article 122 of the Law on Marriage and Family 2014, the application of laws in marital relationships with foreign elements is defined as follows:

  1. Vietnamese Law as the Default Rule
    The legal framework governing marriage and family in the Socialist Republic of Vietnam applies to marital relationships involving foreign elements unless otherwise specified.
  2. Precedence of International Treaties
    In cases where international treaties to which Vietnam is a signatory provide different provisions, those treaties shall prevail over domestic laws.
  3. Application of Foreign Law
    Foreign law may be applied if Vietnamese legislation or international treaties explicitly reference its application. However, such application must not contravene Vietnam’s fundamental principles, including:

    • Voluntary, progressive marriages based on monogamy and gender equality.
    • Non-discrimination in marriage based on ethnicity, religion, or nationality.
    • Protection of familial bonds, ensuring mutual respect and support among members.
    • Preservation of cultural and moral traditions, emphasizing the well-being and protection of children, the elderly, and the disabled.
  4. Renvoi
    If foreign law refers back to Vietnamese law, the Vietnamese legal framework will be applied.

Principles of Marriages Involving Foreign Elements

Article 126 of the Law on Marriage and Family 2014 outlines key principles for such marriages:

  • When a Vietnamese citizen marries a foreign national, each party must comply with the marriage conditions set forth by their respective national laws. If the marriage is conducted in Vietnam, the foreign party must also adhere to Vietnamese legal requirements.
  • Marriages between foreign nationals residing in Vietnam, if conducted before Vietnamese authorities, must comply with Vietnamese law.

Protection of Parties in Marriages with Foreign Elements

Article 121 of the Law on Marriage and Family 2014 ensures the protection of legal rights in such marriages:

  1. Recognition and Protection
    Marriages involving foreign elements are acknowledged and protected under Vietnamese law and relevant international treaties.
  2. Equal Rights for Foreign Nationals
    Foreign nationals in Vietnam enjoy the same rights and obligations in family relations as Vietnamese citizens unless otherwise stipulated by Vietnamese law.
  3. Protection of Vietnamese Citizens Abroad
    The Vietnamese state safeguards the lawful rights of its citizens engaged in marital relationships abroad, consistent with Vietnamese law, local laws, and international customs.
  4. Prohibited Acts
    To maintain the integrity of marital relationships, Vietnamese law prohibits actions such as forced or fraudulent marriages, child marriages, bigamy, and practices violating social and cultural norms.

Conclusion

The legal framework governing marriages with foreign elements in Vietnam emphasizes the balance between respecting international obligations and maintaining the fundamental principles of Vietnamese family law. Whether Vietnamese or foreign law applies depends on the specific circumstances and legal references, ensuring fair protection of all parties involved.

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