Legal Basis

The procedures for marriage between a Vietnamese citizen and a Chinese citizen are governed by the following legal documents:

• Law on Marriage and Family 2014;

• Law on Civil Status 2014;

• Decree No. 123/2015/ND-CP dated November 15, 2015, guiding the implementation of the Law on Civil Status;

• Circular No. 15/2015/TT-BTP dated November 16, 2015, guiding the implementation of the Law on Civil Status and Decree No. 123/2015/ND-CP;

• Circular No. 04/2020/TT-BTP guiding the implementation of the Law on Civil Status and Decree No. 123/2015/ND-CP.

Conditions for Marriage Registration with a Chinese Citizen

For marriages involving a foreign element, Clause 1, Article 126 of the 2014 Law on Marriage and Family provides: “In a marriage between a Vietnamese citizen and a foreign national, each party must comply with the marriage conditions prescribed by the laws of his or her own country. If the marriage is registered at a competent Vietnamese authority, the foreign national must also comply with the provisions of Vietnamese law regarding marriage conditions.”

Accordingly, Article 8 of the Law on Marriage and Family 2014 stipulates the following conditions:

"1. A man and a woman wishing to marry must satisfy the following conditions:

1. a) The man must be at least 20 years old and the woman at least 18 years old;

2. b) The marriage must be entered into voluntarily by both parties;

3. c) Neither party may have lost civil act capacity;

4. d) The marriage must not fall into any prohibited cases specified under Vietnamese law.

5. The State does not recognize marriage between persons of the same sex.

Therefore, a marriage between a Vietnamese citizen and a Chinese citizen must satisfy all of the above conditions.

Competent Authorities for Marriage Registration

Similar to other foreign-related marriages, couples may register their marriage either with the competent authorities in China or in Vietnam.

If the marriage is registered in Vietnam, the couple may apply at the People's Committee where the Vietnamese citizen has permanent residence registration or at the Vietnamese Embassy/Consulate in China. If the marriage is registered in China, the Vietnamese citizen must obtain a visa to travel to China and complete the marriage registration procedures there.

Documents Required for Marriage Registration in China

The following documents must be prepared:

• Passports of both parties;

• Certificate of Single Status of the Vietnamese citizen;

• Vietnamese Citizen Identity Card (ID Card/CCCD) and Chinese Citizen ID Card.

After obtaining these documents, the following steps must be completed:

• Translate the Vietnamese Certificate of Single Status into Chinese;

• Obtain consular certification from the competent Vietnamese authority;

• Obtain consular legalization of the Certificate of Single Status at the Chinese Embassy or Consulate in Vietnam;

• Receive the legalized documents and apply for a visa to enter China;

• Travel to China and register the marriage with the competent Chinese authority;

• Receive the Marriage Certificate issued by the Chinese authority.

Documents Required for Marriage Registration in Vietnam

Documents Required from the Vietnamese Citizen

• Certificate of Single Status issued within six months prior to the date of application;

• Personal identification documents, including Citizen Identity Card and Household Registration Book;

• Medical certificate proving full civil act capacity for marriage registration.

Documents Required from the Chinese Citizen

• Certificate of Single Status or an equivalent legal document issued by the competent Chinese authority within six months prior to the date of application in Vietnam;

• Passport and valid Vietnam visa;

• Medical certificate proving full civil act capacity for marriage registration.

Procedures for Marriage Registration in Vietnam

After preparing all required documents, the following steps must be followed:

Processing time: 10 working days from the date a complete and valid application is received.

The Justice Division will review and verify the documents, assess the marriage conditions of both parties, and conduct additional verification if necessary. The dossier is then submitted to the Chairman of the District People's Committee for signature of two original Marriage Certificates.

Processing time: Within 3 working days from the date the Chairman signs the Marriage Certificate.

If either party cannot appear in person to receive the Marriage Certificate, an extension request may be submitted. If neither party receives the certificate within 60 days, the marriage registration process must be restarted if they still wish to establish a legal marital relationship.

Important Notes

The competent authority handling marriage registration with a Chinese citizen is the District People's Committee where either party resides.

The total processing time is generally between 13 and 15 working days from the submission of a valid application.

Government fees include:

• Marriage registration fee (not exceeding VND 1,500,000);

• Medical examination fees;

• Translation, notarization, and consular legalization fees for foreign-language documents.

Procedures for Applying for a Chinese Marriage Visa

To apply for a Chinese Marriage Visa, the following documents must be prepared.

For Vietnamese Citizens

• Original passport valid for at least six months;

• Two passport-sized photos (4cm × 6cm) with a white background;

• Certified copy of the Household Registration Book;

• Certified copy of Citizen Identity Card/ID Card;

• Certificate of Single Status issued by the local People's Committee confirming that the applicant is unmarried.

For Chinese Citizens

• Original passport valid for at least six months;

• Two passport-sized photos (4cm × 6cm) with a white background;

• Certified copy of Chinese Identity Card;

• Copy of a valid Viet Nam visa.

Application Process for a Chinese Marriage Visa

Step 1: Prepare the Application

Gather all required documents as listed above.

The applicant must appear in person at the Chinese Embassy or Chinese Consulate to submit the visa application.

Once the application has been reviewed and deemed complete and valid, the competent authority will issue the Chinese Marriage Visa within approximately 4 to 6 working days.

Interview Requirements

To obtain a marriage visa, both parties may be required to attend a marriage interview at the Chinese Embassy or Consulate. Due to concerns regarding marriage fraud and human trafficking, Chinese authorities have tightened the review process for marriages between Vietnamese and Chinese citizens.

To successfully pass the interview, both parties should demonstrate a genuine relationship. In addition, the Vietnamese applicant should possess basic Chinese language communication skills and have a clear understanding of the Chinese fiancé(e)'s personal background and family information.

The legal procedures for marrying a Chinese citizen are relatively complex, involving numerous documents and coordination with multiple competent authorities in both Vietnam and China. Therefore, applicants should carefully prepare all required documentation and follow the prescribed procedures to ensure a smooth and successful marriage registration process.