Australian Embassy

Vietnam

Embassy address: 8 Dao Tan Street, Ba Dinh District, Hanoi - Telephone: 831 7755 - Fax: 831 7711

Marriage

The Australian Government changed the provision for recognition of foreign marriages from 1 January 1995 to the effect that foreign marriages, provided they are lawful and do not conflict with Australian law, are now recognised in Australia. A foreign marriage certificate is prima facie evidence in Australia of the fact and the validity of a marriage performed outside Australia. As a result, marriages are no longer performed outside Australia at Embassies/Consulates etc. or elsewhere by Australian consular and diplomatic officers. A document containing basic procedures to be completed by an Australian citizen or Australian permanent resident wishing to marry a Vietnamese citizen can be obtained from the Consular Section of the Embassy in Hanoi or the Consulate-General in Ho Chi Minh City.

A new Vietnamese Registration Law came into effect on 25 October 1998 that allows two foreign citizens to apply for/obtain a marriage certificate during their stay in Vietnam. A completed application form together with supporting documentation should be lodged with the local People's Committee closest to where the applicants are residing. Language difficulties and lengthy procedures must be seriously considered before planning a marriage in Vietnam between two foreign citizens. Neither the Embassy nor the Consulate-General is able to speed up cases.

A Guide to Marriage in Vietnam

August 2004

Introduction

Australian Consular and Diplomatic officers are not empowered to perform marriages overseas.

A marriage that is valid in the country in which it takes place is recognised in Australia, subject to the same policies that apply to Australian marriages ie. at the time of the ceremony both parties must be unmarried; over 18 years of age; not closely related; and their consent to the marriage is free and genuine. Therefore, if an overseas marriage certificate is recognised in the country of solemnisation as a valid marriage certificate, it will generally receive recognition in Australia.

The following steps provide the basic procedures that must be completed by an Australian citizen or Australian permanent resident wishing to marry a Vietnamese citizen. Procedures relating to a marriage between Australian citizens and/or Australian permanent residents in Vietnam appear at the end of this document.

Step 1 – Obtain Certified Documents by Australian Embassy

The current fee for each document certified – equivalent to AUD$30. Fees are payable only in United States dollars converted from Australian dollars at the Embassy’s official exchange rate.

The Vietnamese authorities require the following documentation which has been authenticated/ certified by the Embassy:

A certified copy of the applicant’s passport.

A certified original Single Status Certificate (also known as “No Record” Result) not older than 6 months, which indicates the marital status of the applicant. This document can be obtained by the applicant from the Registrar of Births, Deaths and Marriages located in the capital city of their home State in Australia. State Registrar contact details are available at the Consular Section of the Australian Embassy and Consulate-General.

Applicants should consult the local justice authority if a certificate is not available. If a Statutory Declaration is acceptable, the applicant’s signature must be witnessed by a Consular Officer at the Australian Embassy or Consulate-General.

In cases where the applicant has been previously married, the applicant’s original Decree Nisi of Dissolution of Marriage (or certified copy) is needed;
In cases where the applicant’s ex-spouse has died, that person’s Death Certificate (or certified copy) is required.

Only original documents should be provided to the Embassy for authentication/ certification. (Photocopies or copies that have been previously certified (eg. by a JP) are unable to be authenticated/ certified).

NOTES:

Experience has shown that if the Vietnamese groom/bride is from the northern provinces of Vietnam, the applicant is usually expected to obtain certified documents from the Embassy in Hanoi rather than from the Consulate-General in Ho Chi Minh City.

Step 2 - Submission of documents to the Consular Department (Hanoi) or Office of External Relations (Ho Chi Minh City)

From this point onwards in the process, the applicant may be dealing with a variety of relevant Vietnamese authorities. The possibility of delays and changes to procedures required by the Vietnamese authorities should be considered when assessing likely processing periods. Neither the Embassy nor the Consulate-General can be responsible for, can speed up or can facilitate the process.

Information relating to Vietnamese procedures below is for general guidance only. Details of the actual procedures should be sought from the relevant Vietnameseauthorities.

After completing the procedures at the Australian Embassy or Consulate-General, the applicant will need to lodge the relevant documents with the Consular Department of the Ministry of Foreign Affairs of Vietnam at 40 Tran Phu Street, Hanoi or at the Office of External Relations of the Ministry of Foreign Affairs of Vietnam at 6 Alexandre De Rhodes Street, District 1, Ho Chi Minh City for legalisation. The Vietnamese authorities have advised that Australian citizens/permanent residents must submit the following documentation which has been authenticated/ certified by the relevant Embassy or Consulate:

Certified copy of passport;
Original Single Status Certificate not older than 6 months;
If applicable, a certified copy of Decree Nisi of Dissolution of Marriage;
If applicable, a certified copy of the Death Certificate of previous spouse.

Fees are payable in Vietnam Dong (VND).

NOTE: If documents are certified by DFAT State or Teritory Offices and then by the Vietnamese Embassy in Canberra or Consulate General in Sydney, step 1 and 2 can be ignored.

Step 3 - Translation of documents

After Steps 1 and 2 above have been completed, the applicant should have any relevant documents which have been issued in English translated into Vietnamese by a local State Notary Office. In Hanoi, these offices are located at 310 Ba Trieu Street and 167 Tran Dang Ninh Street. In Ho Chi Minh City, they are located at 97 Pasteur Street, District 1 or 94-96 Ngo Quyen Street, District 5. Fees are payable in VND.

Step 4 - Submission of documentation to the Department of Justice

The applicant should then submit all documentation to the local Department of Justice, in accordance with the Department’s requirements. The Department will also require the applicant's Health Qualification Certificate, issued by a Vietnamese Provincial Hospital or a foreign medical organisation (where the applicant is residing) – the applicant must consult the justice authority about hospital/medical organisations which are accepted.

Documentation required by the foreign citizen:

Application form for registration of marriage, issued by the Ministry of Justice
Single Status Certificate,

If applicable, the Decree Nisi of Dissolution of Marriage,

If applicable, the Death Certificate of previous spouse.

Medical Certificate of sound health status issued by the Psychiatric Center at provincial level in Vietnam or by a foreign medical organisation (must not be dated more than 6 months prior to the date of submission of the documents), which should certify that the applicant does not suffer mental illness to a degree that he/she is not conscious of his/her deeds.
Certified copy of Australian Passport/ Permanent Resident Card/ Temporary Resident Card/ Certificate of Temporary Residence
Personal Curriculum Vitae as per instructions provided by the Justice Department.

Processing time is 30 days including Saturdays, Sundays and public holidays. After 30 days from the date the document is available for collection, if the applicant do not come to collect the Marriage Certificate, the document will be cancelled (non refundable fee). If there is a valid reason for the delay in collection, the applicants must submit a letter of explanation and request another appointment to sign the Marriage Certificate. However, the time elapsed must not exceed 90 days.

Marriage between two foreign citizens

Vietnamese Registration Law allows two foreign citizens who work or study in Vietnam to apply for/obtain a marriage certificate during their stay in Vietnam. A completed application form together with supporting documentation should be lodged with the local Department of Justice where the applicants are residing. Each foreign party to the marriage must submit a set of documentation similar to the foreign side mentioned above. A 30 days processing time is required for the marriage certificate to be issued.

Language difficulties and lengthy procedures must be considered when planning a marriage in Vietnam between Australian citizens and/or Australian permanent residents. Neither the Embassy nor the Consulate-General is able to speed up cases.

Please note that the Australian Government is unable to influence decisions made by the authorities of Vietnam.

Entry to Australia

Applicants should check with Immigration Sections of the Australian Embassy in Hanoi or Consulate-General in Ho Chi Minh City for details concerning requirements for entry to Australia by people who are not Australian citizens or permanent residents.

Please note that marriage to an Australian citizen does not automatically guarantee entry to Australia.

Vietnamese

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