Instructions for carrying out the procedures for applying for a marital status certificate according to current regulations? What is the marital status certificate in Vietnam used for?
What is the latest form of marital status certificate in Vietnam in 2023 according to the law?
The latest form of marital status certificate in Vietnam in 2023 is the form issued together with Circular No. 04/2020/TT-BTP, specifically as follows:
Download the form of marital status certificate: Click here.
Instructions for carrying out the procedures for applying for a marital status certificate according to current regulations? What is the marital status certificate in Vietnam used for?
What is the marital status certificate used for?
The marital status certificate is used for the following purposes:
(1) Procedures for marriage registration:
Pursuant to the provisions at Point d, Clause 1, Article 8 of the 2014 Law on Marriage and Family of Vietnam, which stipulates that in order to ensure marriage conditions, the marriage does not fall into one of the cases where marriage is prohibited under the provisions of Point a, b, c and d, Clause 2, Article 5 of the 2014 Law on Marriage and Family of Vietnam.
A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person is a prohibited act in the protection of the marriage and family regime.
Pursuant to the provisions of Clause 2, Article 22 of Decree No. 123/2015/ND-CP stipulating the procedures for issuing a certificate of marital status as follows:
Procedures for issuance of a certificate of marital status
…
2. If the applicant for certificate of marital status had been married but he/she obtained divorce then or his/her spouse died, he/she must present or submit valid documents proving such status; in case of the circumstance prescribed in Clause 2 Article 37 of this Decree, a respective copy of vital records is required.
According to the regulations, the original certificate of marital status is a mandatory document to be submitted when registering marriage.
It should be noted: For a certificate of marital status to be used for marriage purposes, the civil status registration agency shall only issue one original to the applicant, which must clearly state his/her full name, year of birth, nationality, ID document of the person intending to get married, the place where the marriage is intended to be registered.
(2) Used in land purchase, sale and transfer:
Pursuant to the provisions of Clause 1, Article 33 of the 2014 Law on Marriage and Family of Vietnam, the common property of husband and wife is as follows:
Common property of husband and wife
1. Common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period; except the case prescribed in Clause 1, Article 40 of this Law; property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.
The land use rights obtained by a spouse after marriage shall be common property of husband and wife, unless they are separately inherited by, or given to a spouse or are obtained through transactions made with separate property.
Thus, in the case of sale of real estate, it is necessary to have the signatures of both husband and wife.
At the same time, when sale of land, it is not required to have both husband and wife's signatures, or in case the husband or wife authorizes one person to sign. Therefore, to determine whether this land is jointly owned or privately owned, the state agency will require a certificate of marital status, or in the case of unmarried couples, a certificate of marital status can be requested.
(3) Used for bank loans:
In addition to being used for marriage registration, the marital status certificate is also used to supplement bank loan documents. In particular, it must clearly state the purpose of using it to get a loan, not to use it for marriage registration.
The fastest way to apply for a marital status certificate in Vietnam?
Pursuant to Article 22 of Decree No. 123/2015/ND-CP stipulating the procedures for issuing a certificate of marital status as follows:
Step 1: Submit your application
An applicant for certificate of marital status shall submit an application form using the form as prescribed.
If the application for certificate of marital status is submitted for marriage purpose, the applicant shall satisfy all conditions for marriage as prescribed in the Law on marriage and family.
Step 2: Settle the application
- Within 3 working days from the date on which the satisfactory application is received, the civil status official shall verify the applicant’s marital status.
If the applicant meets all conditions and the issuance of certificate of marital status is consistent with regulations of law, the civil status official shall request the President of People’s Committee to issue one certificate of marital status to the applicant.
Contents of certificate of marital status shall be consistent with the applicant’s current marital status and purpose of the certificate of marital status.
For special cases:
If the applicant for certificate of marital status has registered permanent residence in multiple places, he/she must prove his/her marital status. If the applicant fails to produce such evidence, the civil status official shall report it to the President of People’s Committee of commune; the President shall then request People’s Committees of communes where the applicant had registered permanent residence in writing to verify the marital status.
Within 3 working days from the date on which the written request is received, the requested People’s Committee of commune shall verify and respond in writing to the requesting People’s Committee of commune in terms of the applicant's marital status during his/her residence in the commune.
As soon as practicable after receiving such response, if there are substantial grounds, the People’s Committee of commune shall issue a certificate of marital status to the applicant.
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