Marriage and Divorce Condition for foreign people live in Viet Nam

Divorce Counseling 19/10/2023

Marriage and divorce are fundamental aspects of human relationships, and they are governed by a set of legal regulations in every society. In Vietnam, the institution of marriage is deeply rooted in tradition, and divorce, though less celebrated, is an essential part of family law. In this article, Apolo Lawyers ((+84) 903.419.479) will provide Clients information about procedure to carry out marriage divorce.

Marriage and Divorce Condition for foreign people live in Viet Nam

Marriage and divorce are fundamental aspects of human relationships, and they are governed by a set of legal regulations in every society. In Vietnam, the institution of marriage is deeply rooted in tradition, and divorce, though less celebrated, is an essential part of family law. In this article, Apolo Lawyers ((+84) 903.419.479) will provide Clients information about procedure to carry out marriage divorce.

Marriage and Divorce Condition for foreign people live in Viet Nam

I. Legal frame about marriage for foreign people

1. Legal Age and Consent:

In Vietnam, the legal age for marriage is 18 for females and 20 for males. However, individuals aged 16-18 can marry with parental consent. This regulation ensures that parties entering marriage are mature enough to understand the responsibilities it entails.

2. Marriage Registration:

Vietnamese law mandates that marriages must be registered with local authorities. The process involves submitting necessary documents, including proof of identity, household registration, and a declaration of intent to marry. This registration is essential to validate the marriage legally.

Marriage and Divorce Condition for foreign people live in Viet Nam

3. Traditional and Modern Ceremonies:

While traditional Vietnamese weddings are culturally rich and elaborate, legal marriage is established through the official registration process. Many couples choose to have both traditional ceremonies and legal registrations, respecting both cultural customs and legal obligations.

4. Marriage process for foreign people:

4.1. Marriage Registration

Prepare Necessary Documents: Typically, you will need your passport, visa, and health certificate. Additionally, you may need to provide proof of your single status (unmarried certificate) or evidence of divorce or spousal death if applicable.

Choose the Location: Decide on the location where you want to register your marriage. This can be at the Department of Justice or a local Peoples Committee in the area where either you or your spouse resides.

Marriage Application: Complete the marriage application form, which can often be obtained from the local authorities or online.

Witnesses: You may need two to six witnesses. Witnesses must be Vietnamese citizens, and they must present identification documents.

4.2. Marriage Ceremony

After successfully registering your marriage, you can choose to have a ceremony. This can be a simple civil ceremony at the local authorities office or a more elaborate celebration.

Many couples also opt for a traditional Vietnamese wedding ceremony, which may involve various customs and rituals.

4.3. Marriage Certificate

Once the marriage is registered and the ceremony is completed, you will receive a marriage certificate. This certificate is an essential legal document that proves your marital status in Vietnam.

4.4. Legal Recognition in Home Country

Its important to note that while your marriage in Vietnam will be legally recognized in the country, you should check the specific requirements for your home country. Some countries may require additional documentation or registration to recognize the marriage abroad.

II. Legal frame of marriage divorce for foreign people

1. Grounds for Divorce:

Vietnamese law recognizes several grounds for divorce, including adultery, domestic violence, desertion, or irreconcilable differences. The court may grant a divorce if it is convinced that the marriage has irretrievably broken down.

2. Grounds for Divorce

Vietnamese law recognizes several grounds for divorce, including:

Adultery: If one spouse commits adultery.

Domestic Violence: In cases of physical or mental abuse.

Abandonment: If one spouse abandons the other for at least 12 consecutive months without a reasonable excuse.

Separation: If the spouses have been living separately for at least 24 consecutive months.

Marriage and Divorce Condition for foreign people live in Viet Nam

3. Divorce Process

a. Filing a Divorce Petition:

Either spouse can initiate the divorce process by filing a petition with the local Peoples Court where one of the spouses resides.

b. Mediation Attempt:

Before the court proceeds with the divorce case, a mediation session is often arranged. The goal is to reconcile the couple. If reconciliation fails, the divorce case continues.

c. Court Proceedings:

If mediation does not lead to reconciliation, the court will proceed with the divorce case. Both parties present evidence, and the court decides on issues such as property division, child custody, and support.

4. Child Custody and Support

Child custody and support are significant considerations in divorce cases involving children. The court determines custody based on the best interests of the child, considering factors such as financial stability, emotional well-being, and parenting abilities. Child support is calculated based on the financial capacity of both parents.

Vietnamese law aims to ensure a fair and equitable distribution of property in divorce cases. Factors considered include contributions to the marriage, economic situations of both spouses, and other relevant circumstances. Its crucial to document assets and financial contributions during the marriage for a smoother property division process.