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Marriage Process between a Cambodian Citizen

and a Foreign National in Cambodia

Introduction Except for Articles 76, 77, 79, 80, and 81, all other
provisions of the Law on Family and Marriage are
Whether taking place in Cambodia or abroad, abrogated by the Law on the Implementation of
Table of contents marriages between Cambodian citizens are the Civil Code.
governed by the Civil Code. Marriages between
• Marriage Process Under the Law on Family and Marriage, a
a foreigner national and a Cambodian citizen,
between a Cambodian Cambodian can marry a foreign national,
however, must abide by both, the 1989 Law on
Citizen and a Foreign
Family and Marriage and the sub-decree on the regardless of their country of residence (Article 79).
National in Cambodia
Process and Procedures for Marriage between a For a marriage overseas, between a Cambodian
Cambodian Citizen and a Foreign National (Sub- and a foreign national, to be recognized under
authors Decree No. 183/2008). Cambodian law, the couple must register their
marriage, with the Cambodian embassy, or
• Koy Neam While the process of marriage between Cambodian Consulate, in the country where the marriage
Senior Legal Advisor Nationals simply requires the submission of a was held. If the married couple later settles in
marriage application to the local authority (Khum/ Cambodia, they must register their certificate with
• Pok Charkreymorkord Sangkat) where the prospective bride resides, the the commune authorities (Article 79).
Legal Associate process for a foreigner to marry with a Cambodian
national is more complicated, since it involves However, as marriages between Cambodian and
obtaining marriage permission at Ministry level, foreign nationals are susceptible to manipulation
as well as an acknowledgment from the Embassy by criminal elements, the Cambodian government
concerned has adopted strict measures, under sub-decree
183/2008, to prevent illegal activities happening
I. Substantive Conditions for Marriage across international borders.
According to the Civil Code, marriages can only The sub-decree prohibits all marriages arranged
take place between persons who have reached the through intermediary agents, brokers, or business
age of majority, or age of marriage, which is 16 companies1, and equally prohibits fake or
years old. However, marriages where one of the fraudulent marriages for the purpose of human
couple has reached an age of marriage, and the trafficking, or labor and sexual exploitation. 2
other one not, are allowed to take place if they
obtain parental or guardian consent. Furthermore, the same sub-decree qualifies certain
conditions in the Law on Family and Marriage, and
A person cannot re-marry if his or her previous in the Civil Code. In particular, Article 5, states
marriage has not been dissolved. Furthermore, the that a foreigner who wishes to marry a Cambodian
Civil Code prohibits marriages between relatives must be physically present in Cambodia, in order
by consanguinity, or by affinity. to complete the procedural requirements of the
II. Formalities and Procedures marriage.

A marriage between a Cambodian and a foreign Instead of registering the marriage directly with
national must follow the legal requirements of the the commune’s civil status officer, marriage
Law on Family, Marriage, and Sub-Decree No. registration requires a longer process, involving
183/2008 of the Kingdom of Cambodia. the Ministry of Foreign Affairs and the Ministry
No 65B, St 111 of Interior.
PO Box 172 To counter fake or fraudulent marriages, the
Phnom Penh government has adopted other measures, though
they are not statutory or regulatory. One such
Cambodia measure requires that a foreign national, who
+855 23 217 510 wishes to marry a Cambodian woman, must be
less than 50 years old, and be earning at least
+855 23 967 450
US$2,500 per month (Diplomatic Notice dated 7
+855 23 212 840 March 2011).
cambodia@bnglegal.com
www.bnglegal.com 1. Article 3 of Sub-Decree No. 183 on the Formality and Procedure for the
Marriage between Cambodian Citizen and a Foreign National
2. Article 4 of Sub-Decree No. 183 on the Formality and Procedure for the
Marriage between Cambodian Citizen and a Foreign National

© BNG Legal 2017 April 2017 Newsletter Page 1


Under Sub-Decree No. 183/2008, a foreign permanent residence, the two parties can proceed
About us
national must first contact his or her own Embassy with their wedding ceremony.
in Cambodia, to obtain diplomatic notarization
BNG Legal is a leading regional law The marriage is legal only if both applicants sign
, certifying that the Embassy has reviewed the
firm providing comprehensive legal a letter of marriage registration, with two adult
relevant documents of the concerned foreigner
services to foreign and local clients witnesses present, in front of registration officials,
,and that those documents are true and valid
in Cambodia and Myanmar. at the commune/Sangkat where both applicants
(Article 6).
submitted the marriage request, and in accordance
Registered with the Bar Association
After receiving the diplomatic notarization with the process and legal registration procedures.
of the Kingdom of Cambodia,
from the Embassy, the foreign national shall
our legal professionals combine
subsequently submit the marriage application to
international standards with local
the Ministry of Foreign Affairs and International
expertise.
Cooperation (“MFAIC”) with the following
We differentiate ourselves by documents attached:
coupling a deep understanding of LEGAL UPDATE
- Request for marriage (provided by Ministry of
the local business environment with
Foreign Affairs and International Cooperation, Sub Decree No 274/16 on the Organization and
international professionalism and
Cambodia) ; Functioning of Ministry of Foreign Affairs and
integrity.
International Cooperation, dated December 28th,
- Copy of passport and entry visa into Cambodia;
We facilitate business, investment 2016
and trade between Cambodia, - Certificate of single status, issued by the
The purpose of this sub-decree is to organize
Myanmar, and the rest of the competent authority of the foreign country;
and function the Ministry of Foreign Affairs and
world through innovative and cost-
- Certificate of health issued by the competent International Cooperation. This sub-decree has
effective legal services.
authority in Cambodia; objectives as below:
Superior knowledge of local
- Criminal record issued by the competent - Determine the mission and structure of the
protocol, local procedure, and local
authority of the foreign country; Ministry of Foreign Affairs and International
people is necessary for any business
Cooperation.
to succeed. - Certificate of employment and monthly income;
- Determine the roles and duties of units of the
Conducting daily business in - Diplomatic notarization or letter from the
Ministry of Foreign Affairs and International
Cambodia and Myanmar, BNG applicant‘s Embassy or consulate
Cooperation.
Legal is up to date with the newest
After having examined and considered acceptable
procedures and requirements, - Ensure the quality and efficiency of performance
the foreign national’s documents, the MFAIC
helping clients efficiently and in the field of Foreign Affairs and International
forwards the application form to the Ministry of
successfully complete any project. Cooperation in Cambodia.
Interior (“MoI”). The MoI will then issue a letter
informing the civil status officer, of the relevant Ministry of Foreign Affairs and International
Khum/Sangkat/commune, that the marriage Cooperation fulfills the function as government
Cambodian Law Blog secretariat on leading and managing the
documents are in order.
Foreign Affairs and International Cooperation in
cambodianlaw.wordpress.com In the next step, the concerned foreigner and
Cambodia.
Khmer citizen shall file an application, with
BNG Legal believes expanding
the civil status officer of the Khum /Sangkat / Decision No. 126, dated 06 December 2016 on the
access to legal information is crucial
commune, where the Cambodian counterpart has Creation of Targeting Committee for construction
to rule of law. To that end, several of
permanent residence of International Airport Siem Reap- Angkor
our legal professionals write a blog
discussing recent developments in The Cambodian counterpart shall submit the The committee has duty:
the legal landscape. following documents to the civil status officer:
a. To coordinate a cooperation between Ministry-
‐ A marriage application form; Institution, Government Agents and Company in
order to make the project process successful,
legal database ‐ A copy of the birth certificate or copy of the birth
confirmation certificate of the concerned Khmer b. To give recommendations to the Company in
The laws and regulations in our
citizen document preparing and form filling to meet the
database are based upon the Official
requirement of the project,
Gazettes, law compendiums and ‐ Single, or widow, status certificate, issued by head
other collections from the ministries of the Khum-Sangkat where the Khmer Citizen c. To examine and advise on Master Plan of the
and institutions of the Royal permanently resides Project and suggestion for the Company
Government of Cambodia. These
‐ Health certificate, issued by a hospital recognized d.To follow up and examine the Construction
are available to the public through
by the Ministry of Health Project of Siem Reap- Angkor International
our partner site, www.bnglaw.net.
Airport and relevant infrastructures and give
Once the application forms and the required
opinion to Royal Government of progress of the
documents have been legally approved, and the
project; and
banns having been published for 10 days at the
Embassy, or the representative office, of the foreign e. To carry out other duties assigned by the Royal
national, and at the Khum/Sangkat/commune Government.
office where the Cambodian counterpart has her

© BNG Legal 2017 April 2017 Newsletter Page 2

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