Foreigners marry Vietnamese people. What is the law regarding this issue? Usually, some countries of the world have a marriage policy between two nationalities, and people who do not belong to the host country are given citizenship according to their spouse. So, since this case is no exception in Vietnam, will a foreigner who marries a Vietnamese person be granted Vietnamese citizenship?
What are the steps to apply for a legal marriage certificate? Are foreigners who are married to a Vietnamese person and live in Vietnamese territory eligible to obtain a work permit when working in Vietnam? For more information on this issue, please visit Please refer to the following article on Quoc Bao method.
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Mục lục
- 1 What are the conditions for foreigners to naturalize in Vietnam?
- 2 Essential conditions for naturalization in Vietnam
- 3 What documents do foreigners need to prepare to become naturalized?
- 4 Procedures for foreigners to apply for Vietnamese citizenship
- 5 History with foreigners/Marriage registration
- 6 Steps to complete the procedure Marriage with a foreigner:
- 7 Are foreigners married to Vietnamese nationals and living in Vietnamese territory eligible to obtain a work permit when working in Vietnam?
- 8 Legal support services for marriage registration with foreigners based on the Quoc Bao Law:
What are the conditions for foreigners to naturalize in Vietnam?
You need to check whether you are eligible to naturalize in Vietnam based on Article 1 and 2 of Article 19 of the Vietnam Nationality Law 2008.
(1) General conditions for foreigners to naturalize in Vietnam
Foreigners and stateless persons who permanently reside in Vietnam and apply for Vietnamese citizenship may be granted Vietnamese citizenship if they fully meet the following conditions :
–Have full civil conduct capacity as stipulated by Vietnamese law .
– Comply with the constitution and laws of Vietnam. We respect the traditions, customs and customs of the Vietnamese people .
–Know enough Vietnamese to integrate into the Vietnamese community .
– Have lived permanently in Vietnam for more than 5 years before applying for Vietnamese citizenship .
– Ability to stabilize life in Vietnam .
(2) Other cases where foreigners are eligible for naturalization
An applicant for naturalization in Vietnam may be naturalized in Vietnam if any of the following cases apply, provided that the applicant has full civil capacity and complies with Vietnamese law :
– Be a wife, husband, biological father, biological mother, or biological child of a Vietnamese national.
– Having special merits of contributing to the cause of building and defending the Vietnamese motherland.
– Support the Socialist Republic of Vietnam.
Essential conditions for naturalization in Vietnam
Article 19 of the Vietnam Nationality Law of 2008, a person who has acquired Vietnamese nationality shall, with the permission of the President, renounce his or her foreign nationality, except in special cases and in the cases stipulated in (2). No.
At the same time, those applying for Vietnamese citizenship must have a Vietnamese name. This name is selected by the Vietnamese naturalization applicant and specified in the Vietnamese naturalization decision.
Note: A person applying for Vietnamese nationality cannot be naturalized in Vietnam if it harms Vietnam’s national interests.
The government shall specify the conditions for naturalization in Vietnam.
What documents do foreigners need to prepare to become naturalized?
Foreigners who marry Vietnamese nationals must complete the following documents to apply for Vietnamese citizenship according to Article 20 of the Vietnam Nationality Law 2008 :
* The application documents for Vietnamese citizenship include the following documents :
– Application for naturalization to Vietnam.
– Copy of birth certificate, passport or other valid alternative document.
–Resume.
– Judicial record card issued by a competent Vietnamese agency if the Vietnamese citizenship applicant resides in Vietnam; Criminal record card issued by a competent foreign agency if the Vietnamese citizenship applicant resides abroad. Judicial record cards must be issued within 90 days of the filing date.
Procedures for foreigners to apply for Vietnamese citizenship
Article 21 of the Vietnam Nationality Law 2008 , the order and procedure for processing Vietnamese citizenship application documents is stipulated as follows :
Those applying for Vietnamese citizenship must submit documents to the Ministry of Justice of their place of residence. If the documents are incomplete or invalid, the Ministry of Justice shall immediately notify the Vietnamese nationality applicant to supplement and complete the documents .
five business days after receiving complete and valid documents, the Ministry of Justice will write to the police agency of the province or centrally administered municipality (hereinafter referred to as provincial level) to confirm the identity of the Vietnamese applicant . shall send a request by. citizenship .
30 days from the date of receiving the request from the Ministry of Justice , the public security organs at the local level shall verify and send the results to the Ministry of Justice. During this period, the Ministry of Justice must carry out verification of application documents for Vietnamese nationality .
10 working days from the date of receipt of the verification results , the Ministry of Justice shall complete the dossier and submit it to the Chairman of the Provincial People’s Committee .
10 working days from the date of receiving the Ministry of Justice’s request , the chairman of the provincial People’s Committee shall consider, draw a conclusion, and recommend opinions to the Ministry of Justice .
The Ministry of Justice is responsible for re-examining copies of documents for Vietnamese nationality applicants to renounce foreign nationality within 20 days after receiving the proposal of the Chairman of the Provincial People ‘s Committee .
shall, within 20 days from the date of receipt of the proposal of the Chairman of the People’s Committee of the province, submit a request to the judicial authority. must be notified. Responsible for reviewing the documents and, if it is determined that the applicant for naturalization to Vietnam is fully eligible for naturalization to Vietnam, to report to the Prime Minister for submission to the President of the State for consideration and decision. shall be taken as a thing .
30 days of receiving the Prime Minister’s proposal , the President shall consider and make a decision .
Therefore, foreigners who marry Vietnamese citizens will be automatically naturalized even if they do not meet the language or permanent residence requirements. However, other basic conditions must be met and there must be complete legal evidence.
History with foreigners/Marriage registration
- Marriage registration (according to format )
- Marital status certificate or marriage registration declaration that confirms marital status issued within 6 months from the date of receipt of the application ; A document that proves the marital status of a foreigner and whose nationality is confirmed within 6 months from the date of receipt of the application. A certificate issued by the competent authority of a country that certifies that you are currently unmarried .
If foreign law does not provide for the issuance of a document certifying marital status, it shall be replaced by a declaration from a currently unmarried person in accordance with the law of that country .
- Certificate issued by a competent medical institution in Vietnam or abroad. Issued within 6 months from the date of receipt of the document, certifying that the person does not suffer from mental illness or any other disease without the ability to recognize and control the behavior ;
- ID card or passport (hers) ; passport, or an alternative document such as a passport or residence card (if you are a foreigner) .
- Copy of family register or temporary residence register (for her), permanent residence card or temporary residence card or temporary residence certificate (for foreigners permanently or temporarily residing in Vietnam) .
*In addition to the above documents, depending on the case, both the male and female parties may be required to submit the following documents .
- Vietnamese nationals who are divorced by a foreign competent authority must submit written certification that the divorce is recorded in the foreign civil register in accordance with Vietnamese law .
- For Vietnamese nationals who also hold foreign nationality, a marriage status certificate issued by the competent authority abroad is also required .
- A foreigner who divorces a Vietnamese citizen in a foreign competent institution must submit a written certificate recorded in the civil register that the divorce took place abroad in accordance with Vietnamese law .
- For foreigners who do not permanently reside in Vietnam, apart from submitting documents proving their marital status issued by the competent authority of the country of citizenship or permanent residence, they must also submit a certificate of eligibility for marriage conditions according to the following provisions: must be submitted. unless the law of the country does not provide for this type of document .
- Documents in any of the following cases must be supplemented with a certificate issued by the Marriage and Family Counseling and Support Center stating that the Vietnamese citizen is receiving marriage and family counseling and support with foreign components: There is .
- There is a gap of more than 20 years between the two parties .
- a foreigner marries for the third time or marries and divorces a Vietnamese national spouse .
- Both parties do not understand each other’s family and personal situations. They do not understand each country’s language, customs, customs, culture, marriage and family laws .
Steps to complete the procedure Marriage with a foreigner:
Jurisdiction: Department of Justice
Documents issued by competent foreign institutions must be consularly legalized (unless consular legalization is exempt) and translated into Vietnamese according to Vietnamese law.
Settlement deadline: Within 25 days from the date the Department of Justice receives complete and valid documentation and fees. If the Department of Justice requests confirmation from a police agency, the deadline shall not exceed 10 business days .
5 business days of the reservation date , the application will be canceled ( fees will not be refunded ) . If there is a valid reason, both the man and the woman must request an extension of time, submit a written statement, and make an appointment to sign the marriage certificate. The extension period must not exceed 90 days from the date of marriage. Justice promises to return results. If the marriage registration remains between the parties even after this deadline has passed, the marriage registration procedure will need to be restarted from the beginning.
Fees payable to state institutions: 1,000,000 VND per case.
Are foreigners married to Vietnamese nationals and living in Vietnamese territory eligible to obtain a work permit when working in Vietnam?
Are foreigners married to Vietnamese nationals and living in Vietnamese territory eligible to obtain a work permit when working in Vietnam?
154 , Article 8 of the 2019 Labor Law stipulates as follows :
“ Article 154 Foreign workers working in Vietnam are not eligible to obtain a work permit. ”
- Being an owner or contributing member of a limited liability company with a capital contribution value in accordance with government regulations .
- Being the chairman of the board of directors or a member of the board of directors of a joint stock company with an amount of capital participation in accordance with government regulations .
- Act as the head of a representative office or project in Vietnam or have primary responsibility for the operation of an international organization or foreign non-governmental organization .
- Entering Vietnam for a period of less than 3 months to provide services .
- to Vietnam to deal with issues, complex technical situations, and technologies that affect or may affect production or business that cannot be handled by Vietnamese experts and foreign experts currently in Vietnam. Enter the country within 3 months .
- Be a foreign lawyer licensed to practice law in Vietnam in accordance with the Law on Lawyers .
- Cases based on the provisions of international treaties to which the Socialist Republic of Vietnam is a party .
- Foreigners who are married to Vietnamese nationals and live in Vietnamese territory .
9.Other cases specified by the government. ”
Not eligible for a work permit .
Which authority has the authority to verify that foreign workers are not eligible for work permits ?
8 , Paragraph 1 of Decree 152/2020/ND-CP , it is stipulated as follows :
“ Article 8 Confirmation that foreign workers are not eligible for work permits .”
- The Ministry of Labor, Invalids and Social Affairs or the Ministry of Labor and Social Affairs has the authority to certify that a foreign worker is not eligible for a work permit .
- The employer must inform the Ministry of Labour, Invalids and Social Affairs where the foreign worker is scheduled to work or the Ministry of Labour, Invalids and Social Affairs that the foreign worker is not eligible for a work permit. We request you to confirm that. At least 10 days before the foreign worker starts working .
[…] ”
Therefore, the authority competent to certify that a foreign worker is not eligible for a work permit is the Ministry of Labour, Invalids and Social Affairs or the Ministry of Invalids, Social Affairs and Labor .
What documents should foreign workers who are not eligible for a work permit prepare for certification ?
8 , Paragraph 3 of Decree 152/2020/ND-CP , it is stipulated as follows :
“ Article 8 Confirmation that foreign workers are not eligible for work permits .”
[…]
Document for requesting confirmation of ineligibility for a work permit. Includes :
a) A written request for proof that the foreign worker is not eligible for a work permit, made in accordance with Form 09/PLI of Appendix I issued with this Decree .
b) Health certificate or health examination form prescribed in Article 9 , Paragraph 2 of this Cabinet Order .
c) Written approval of the need to employ foreign workers, unless there is no need to employ foreign workers .
d) A certified authentic copy of a valid passport as required by law .
d) Documents proving that the foreign worker is not eligible to obtain a work permit .
e) The documents specified in points b, c and dd of this article may be originals or certified copies and, in the case of foreign countries, may be legalized at a consulate unless exempted from consular legalization under an international treaty . , must be translated into Vietnamese and authenticated. to which the Socialist Republic of Vietnam and the relevant foreign state are Parties, on the principle of reciprocity, or in accordance with the provisions of law .
[…] ”
Therefore, foreign workers who are not eligible for a work permit must prepare the above documents to apply for confirmation of their ineligibility for a permit .
Legal support services for marriage registration with foreigners based on the Quoc Bao Law:
Love Without Borders brought a story of happiness and bonds between people of different backgrounds and cultures. For couples who want to marry a foreigner, it is very important to understand the laws and regulations and follow the procedures. The legal support service for marriage registration with foreigners provided by attorney Quoc Bao was created with the aim of supporting all marriage registration procedures smoothly and accurately.
Attorney Quoc Bao has a deep understanding of the legal field and procedures regarding marriage with foreigners and is committed to providing consulting services and assisting in the implementation of the legal procedures for marriage registration. We will help you understand the necessary requirements, documents to prepare, and specific steps to take to ensure all conditions are met in accordance with the law .
Our services not only ensure the legality and compliance of the marriage registration process, but also help clarify the points you should pay attention to to ensure a happy and stable future. We will accompany you on your journey to ensure that all legal procedures related to marriage with a foreigner are carried out safely and reliably .
Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !
Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Luật Quốc Bảo .
Please contact hotline /zalo : 0763387788 .
Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City
Facebook fan page : https://www.facebook.com