09:39 | 29/11/2023

For the period of 2023-2023: What are the instructions for marital status verification when rearranging administrative units in Vietnam?

For the period of 2023-2023: What are the instructions for marital status verification when rearranging administrative units in Vietnam? - T.S (Gia Lai, Vietnam)

For the period of 2023-2023: What are the instructions for marital status verification when rearranging administrative units in Vietnam?

On August 21, 2023, the Ministry of Justice issued Official Dispatch 3792/BTP-HTQTCT in 2023 to remove difficulties and obstacles when implementing the arrangement of district and commune-level administrative units for the period 2023-2030.

Regarding verification of marital status: In case of receiving a written request to verify the marital status of the person requesting confirmation of marital status who has previously registered for permanent residence at the commune/district level unit that has been arranged, arranged, the unit receiving the handover of the civil status book is responsible for answering the verification of marital status for people who have registered permanent residence in the area.

For the period of 2023-2023: What are the instructions for marital status verification when rearranging administrative units in Vietnam?

Which entities have the power to issue certificates of marital status in Vietnam?

According to the provisions of Article 21 of Decree 123/2015/ND-CP regulating the power to issue certificates of marital status as follows:

The power to issue certificates of marital status
1. The People’s Committee of commune where a Vietnamese citizen permanently resides shall issue him/her with a certificate of marital status.
If the Vietnamese citizen has no permanent residence but has a temporary residence registered as prescribed in law on residence, the People’s Committee of commune where he/she has registered temporary residence shall issue him/her with a certificate of marital status.
2. Clause 1 of this Article also apply in case of issuance of certificate of marital status to a foreigner or a stateless person residing in Vietnam upon his/her request.

Accordingly, certificates of marital status is issued by the following entities:

- The People’s Committee of commune where a Vietnamese citizen permanently resides.

- If the Vietnamese citizen has no permanent residence but has a temporary residence registered as prescribed in law on residence, the People’s Committee of commune where he/she has registered temporary residence shall issue him/her with a certificate of marital status.

How long is the validity of certificate of marital status in Vietnam?

Pursuant to Article 23 of Decree 123/2015/ND-CP stipulating the validity of the Certificate of Marital Status as follows:

Validity of certificate of marital status
1. A certificate of marital status shall remain valid in 6 months from the date of issue.
2. The certificate of marital status shall be used for the purpose of marriage at a competent authority in Vietnam, or at a competent authority overseas or for other purposes.
3. The certificate of marital status shall be invalid if being used for a purpose other than those specified in the certificate.

Based on the above regulation, the verification of marital status is conducted through the certificate of marital status issued by the competent authority upon request of the individual.

In principle, a certificate of marital status shall remain valid in 6 months from the date of issue. However, in case the person requests a change in marital status, the certificate of marital status is valid from the date of issue until the time of change in marital status.

What are the procedures for issuing certificates of marital status in Vietnam?

Pursuant to Article 22 of Decree 123/2015/ND-CP. procedures for issuing certificates of marital status are carried out as follows:

- Step 1: Prepare documents:

+ The application form for certificate of marital status (or certificate of singleness) is issued with Circular 04/2020/TT-BTP.

+ Personal identification documents such as ID cards, citizen ID cards.

- Step 2: The person requesting a Certificate of Marital Status submits the Declaration (according to the prescribed form) and presents his/her identification documents to the Commune People's Committee of the place of permanent residence (if there is no permanent residence, then Apply for issuance at the People's Committee of the commune where they temporarily reside):

+ In case the person requesting a Certificate of Marital Status has a spouse, but is divorced or the other spouse has died, an extract of:

++ The Court's legally effective judgment/decision on divorce.

++ Verdict Death certificate of deceased spouse

+ In case an individual requests a reissue of the Certificate of Marital Status to use for another purpose or because the Certificate of Marital Status has expired, the certificate of marital status that was issued must be returned.

- Step 3: After receiving all valid documents, the Chairman of the People's Committee at the commune level issues an appointment card to the applicant.

+ Processing time: 03 working days from the date of receipt of complete and valid documents, the judicial and civil status officer checks and verifies the marital status of the requester.

++ If the requester meets the conditions and the issuance of a certificate of marital status is in accordance with the law, the justice and civil status officer shall submit a copy of the certificate of status to the Chairman of the People's Committee for signature. Marital status for the requester.

++ The content of the Certificate of Marital Status must accurately state the marital status of the person requesting it and the purpose of using the Certificate of Marital Status.

Thus, the procedure for applying for a certificate of marital status is carried out according to the regulations mentioned above.

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