Proof of Single Status to Marry in Vietnam: 2026 Guide

What changed on September 11, 2026 Many guides still tell you to send your papers to the Vietnamese Embassy or a Vietnamese Consulate in the U.S. for legalization. Since September 11, 2026, Vietnam applies the Apostille Convention. U.S. public documents need only a state apostille, and Vietnamese offices may not ask for legalization on top of it (Article 25, Decree 293/2026/ND-CP). Marriage applications also go to the commune-level People's Committee, not the old district justice office.

To register a marriage in Vietnam with a Vietnamese citizen, the partner from abroad must prove that they are not currently married. Vietnamese-Americans call this paperwork "công hàm độc thân"; Vietnamese law calls it "proof of marital status". You need it if you are a U.S. citizen (of Vietnamese origin or not) or a green card holder and plan to marry in Vietnam.

Key takeaways

• The U.S. has no single national "certificate of single status". You use a no-marriage-record letter from a County Clerk or state Vital Records office, and/or an Affidavit of Single Status notarized in the U.S., then get an apostille.
• Vietnamese-American U.S. citizens must submit a No Marriage Record letter from a County Clerk or Vital Records office, with an apostille. An affidavit signed at the U.S. Embassy does not replace it.
• U.S. citizens not of Vietnamese origin who are already in Vietnam can sign the affidavit at the U.S. Embassy in Hanoi or the Consulate General in Ho Chi Minh City for $50.
• If they show no expiry date, the single-status proof and the mental health certificate are valid for 6 months.
• One partner can file alone, without a power of attorney, and online filing is allowed. Processing takes 5 working days (up to 10 if verification is needed).
• Both partners must appear to receive the marriage certificate.

What is proof of single status for a marriage in Vietnam?

Under Article 38(1) of Vietnam's 2014 Law on Civil Status, foreigners and Vietnamese citizens living abroad must submit proof of marital status to register a marriage in Vietnam. In the U.S., each state or county records marriages, and no office certifies marital status for the whole country. So the "proof" from the U.S. is usually a set of documents, not one paper.

Article 30 of Decree 123/2015/ND-CP allows for this: if a country does not issue marital status certificates, the applicant submits a document from that country's competent authority confirming they meet the conditions to marry under its law.

Which group are you in?

Old guidance vs. current rules

Sources: Decree 293/2026/ND-CP (apostille); the civil status handbook of the Hung Yen Department of Justice, which explains Decree 120/2025/ND-CP and Circular 08/2025/TT-BTP (in Vietnamese).

Option 1: Get your single-status proof in the U.S.

This works for both U.S. citizens and green card holders.

Step 1. Request a no-marriage-record letter

Offices call it a Certificate of No Marriage Record, No Record Found letter or Single Status Letter. It comes from the County Clerk or the state Vital Records office where you live.

• Search "[county name] County Clerk" or "[state name] Vital Records". Some offices require an online appointment.
• Bring a valid photo ID (driver's license, state ID or passport).
• Search period: the U.S. Embassy in Vietnam describes a search from age 18 to today. If you were divorced or widowed, the search often starts from that date. If you lived in several states, ask whether the office can search outside its own county; many can't.
• Ask for a certified copy so it can be apostilled.

Step 2. Sign an Affidavit of Single Status before a notary (if needed)

Many applications also include an Affidavit of Single Status signed before a notary public in the U.S. Ask the commune office in advance whether it wants the County Clerk letter, the affidavit, or both.

Step 3. Get an apostille

Take the County Clerk/Vital Records letter and the notarized affidavit to the Secretary of State of the state that issued the record or where the notary is commissioned. Some federal documents are apostilled by the State Department's Office of Authentications. See the State Department's apostille requirements.

Vietnam deposited its accession to the Apostille Convention on December 31, 2025, and the Convention took effect for Vietnam on September 11, 2026 (HCCH status table). The U.S. Embassy in Vietnam also states that both countries are parties. Apostilles issued before September 11, 2026 are still accepted unless a refusal ground applies (Article 36, Decree 293/2026/ND-CP).

Step 4. Divorce decree or death certificate (if any)

If you were married before, get a certified copy of the divorce decree from the court, or the death certificate of your former spouse, then an apostille from that state's Secretary of State.

If you are a Vietnamese citizen who divorced in the U.S., Vietnam's civil status database may not show it yet. The commune office will then ask you to record the foreign divorce in the Vietnamese civil register before the marriage (Article 30(3), Decree 123/2015/ND-CP).

Step 5. Translate into Vietnamese

Any apostilled document not in Vietnamese must be translated into Vietnamese, and the translation notarized or certified under Vietnamese law (Article 27, Decree 293/2026/ND-CP). A notary office in Vietnam can do this.

Option 2: U.S. citizens not of Vietnamese origin sign the affidavit at the U.S. Embassy in Vietnam

This option does not work for Vietnamese-Americans: U.S. citizens of Vietnamese origin still need a No Marriage Record letter from the U.S. (Option 1).

If you are a U.S. citizen not of Vietnamese origin and already in Vietnam, the U.S. Embassy's Notarials and Marriage pages explain the process:

1. Book a notarial appointment at the Embassy in Hanoi or the Consulate General in Ho Chi Minh City. Slots open about two weeks ahead.
2. Download the "Affidavit of Single Status for marriage in Vietnam" form and fill it in, but don't sign it. You sign in front of the consular officer.
3. Bring your U.S. passport. If you were married before, bring a certified divorce decree or death certificate.
4. Pay $50 per seal by card. Cash is accepted only in limited cases and must be the exact amount.

The Embassy says the affidavit must be signed within six months before you apply for the marriage certificate.

Note: an affidavit signed at the Embassy is executed by a consular officer, so it cannot receive an apostille (Article 26(1), Decree 293/2026/ND-CP). Under earlier practice, people took it to the Consular Department (Hanoi) or the Ho Chi Minh City Department of Foreign Affairs for legalization before filing. We have not seen guidance after September 11, 2026 that changes this. Ask the commune office whether it requires that step.

What goes in the marriage application in Vietnam?

Per the Hung Yen Department of Justice handbook (applying Decree 123/2015/ND-CP and Decree 120/2025/ND-CP):

Six-month rule: if the single-status proof shows no validity period, it and the mental health certificate are valid for 6 months from issue (Article 30(1), Decree 123/2015/ND-CP). Get them last.

Don't over-file: the handbook says the receiving officer "may not require" documents that civil status law does not list. A biographic information sheet or "statement of non-impediment" is not on the list above.

Where to file, how long it takes, and who must appear

• Where: the commune-level People's Committee where the Vietnamese partner lives (Article 4, Decree 120/2025/ND-CP). The U.S. Embassy page still says "District People's Committee"; that changed on July 1, 2025.
• How: in person at the Public Administrative Service Center, by post, or online at the National Public Service Portal. Either partner can file without a power of attorney from the other. If you file online, you hand in the single-status proof and medical certificate when you collect the result.
• How long: 5 working days from a complete application; up to 10 working days if verification is needed.
• Pick-up: marriage is the one civil status procedure where both partners must appear, show ID and sign the marriage register. If one of you can't come, ask in writing for an extension of up to 60 days from the date the certificate is signed. After 60 days the certificate is cancelled and you must start over.
• Fee: set by each province's People's Council. Ask the commune office.

Common pitfalls

• Short trip to Vietnam. Let the Vietnamese partner file first, in person or online. The partner from the U.S. only needs to arrive for the pick-up date. Ask the office for the pick-up date before you buy tickets.
• Six-month expiry. Don't request the County Clerk letter or do the medical exam too early.
• New immigrant without a green card yet. Vietnamese citizens living abroad must hold a residence document issued abroad. Ask the commune office what it accepts while you wait for your card.
• Lived in several states. One County Clerk letter may cover only one county. Ask whether the office wants letters from every place you lived.
• Marriage age. Men must be at least 20 and women at least 18 (2014 Law on Marriage and Family).
• Sham marriage. Vietnamese law bans sham marriages. The office may interview you to confirm both partners consent and can communicate.

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After the wedding: sponsoring your spouse

A marriage legally registered in Vietnam is generally valid in the U.S., and you don't need to report it to the U.S. Embassy. The next step is Form I-130 with USCIS. Spouses of U.S. citizens don't wait for a visa number; green card holders sponsor in the F2A category. See Sponsoring Your Spouse for a Green Card.

Keep the original marriage certificate, wedding photos, messages and travel records. You will need them as evidence of a genuine marriage.