ANT Lawyers’ legal advice service on Vietnam family laws covers all legal matters concerning marriages and divorces. Vietnam family lawyers at ANT Lawyers have experience to help clients with required Vietnamese procedures and circumstances, especially marriages and divorces between Vietnamese and foreigners. Marriage laws developed during the past 40 years and is still connected with changes in the thinking of the Vietnamese society and is thereby not exempt from future amendments that might appear simultaneously with the changes in Vietnam’s fast emerging society.
The legal fundamental basis for marriages in Vietnam is the Marriage and Family Law of 2000, effective 2001. Some of the main points that are included in this law’s mission are for contributing to build, perfect and protect the marriage and family regime as well as to protect legitimate rights and interests of family members.
The essential legal provisions of the Vietnam marriage law requires and determines: a required marital age for male is at least 20 years and female 18 years; marriages must be voluntary, progressive, monogamous marriages in which husband and wife are equal; marriages between partners of different nationalities, religions etc. are respected and legally protected but marriages between married people, people without civil act capacity, between the same direct blood line or within three generations, between (former) adoptive parents and children or parents- and children-in-law and stepparents and stepchildren and also between same sex partners, are forbidden.
Furthermore, marriage or remarriages must be registered with the competent State bodies (registration offices) where either of the marriage partners resides. Vietnamese citizens living abroad shall refer to overseas Vietnamese diplomatic missions or consulates.
Except otherwise provided by law, the provisions of the Marriage and Family law, also are also applicable for foreigners involved in Vietnamese marriages. In the case that there is an international agreement that Vietnam has signed to, this will apply.
The registration procedures might differ in some points because foreigners also often need to attach documents of their home countries. Marriages abroad will be conducted in accordance with the foreign laws. Foreigners must demonstrate that they are eligible for marriage in compliance with the law of their home countries. According to the Vietnam Marriage and Family law, foreigners enjoy the same rights and obligations like Vietnamese and Vietnam provides protection for the legitimate rights and interests of Vietnamese living abroad in marriage and family relations in accordance with the law. In the case of a marriage between a foreigner and a Vietnamese, each one must abide by the legislation of his/her country on the marriage conditions.
The law also bans marriages whereby foreigners take advantages related to human trafficking, sexually abuse against women or other self-seeking purposes. To keep up with the society’s fast development, there are several amendments of the Marriage and Family Law in Vietnam. Decree No. 68/2002/ND-CP and Decree No. 69/2006/ND-CP detail provisions regarding marriage and family relations with foreigners on consular legalization, notarization, exemption of notarization of foreign documents or the registration of marriages with foreigners. Decree No. 69 furthermore guides on child adoptions between Vietnamese and foreigners.
Circular No. 16/2010/TT-BTP by the Ministry of Justice guides on the record in the civil status book on divorces that were conducted overseas. Since 2000 the law has brought about positive change to family’s role in the Vietnamese society and to the traditional values of family and marriage.
This Vietnam family law contributed to the protection and improvement of progressive marriage and family regimes by creating legal standards that keep up with the times but also respect the traditional old values of Vietnam. But Vietnam still lacks sophisticated mechanisms to address all people involved and another problem is that some provisions also overlap and are not clear enough to address emerging issues to name a few: relationship without marriage, separation, surrogate pregnancy or marriages involving foreigners. ANT Lawyers are pleased to help all domestic and foreign clients with marriage matters and to ensure that all potential difficulties will be overcame in the best way possible with our experience and our understanding of the competent authorities in Vietnam. ANT Lawyers, your lawyers in Vietnam.
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Please click here to learn more about ANT Lawyers Marriage and Family or contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529
