Vietnam: How is a single person? How to prove that I am single? Procedures to prove that I am single?
How is a single person?
Currently, the law does not specify the definition of a single person. However, it can be understood that a single person is an unmarried person or a person who is divorced but has not yet remarried.
In addition, Article 3 of the 2014 Law on Marriage and Family of Vietnam clearly states the concept of marriage as follows:
Getting married means a man and a woman’s establishment of the husband and wife relation according to the provisions of this Law on marriage conditions and registration.
How to prove that I am single?
To prove that you are single, citizens can use a Certificate of Marital Status. According to that, a certificate of marital status, also known as a single status certificate, is one of the necessary documents when you want to determine the marital status of a citizen such as single, married, divorced, etc.
Pursuant to Point d, Clause 1, Article 8 of the Law on Marriage and Family, when men and women want to get married, they must not fall into one of the cases where marriage is prohibited. In addition, being married or married to another person is a prohibited act.
According to Clause 2, Article 2 of Decree 123/2015/ND-CP of Vietnam stating:
Marriage registration must submit the original certificate of marital status as prescribed in Section 3 Chapter III of this Decree.
Thus, when they want to get married, men and women are required to prove their singleness by applying for a certificate of marital status (single status certificate).
Vietnam: How is a single person? How to prove that I am single? Procedures to prove that I am single? (Image from the Internet)
Procedures for applying for a single status certificate (Certificate of marital status)
According to the provisions of Article 21 of Decree 123/2015/ND-CP of Vietnam, then:
Authority to issue certificates of marital status in Vietnam
1. Commune-level People's Committees of Vietnamese citizens' permanent residences shall issue certificates of marital status.
In case a Vietnamese citizen does not have a permanent place of residence, but has registered his/her temporary residence in accordance with the law on residence, the People's Committee of the commune where he/she has registered his/her temporary residence shall issue a certificate of marital status. .
2. The provisions of Clause 1 of this Article shall also be applied to issue certificates of marital status to foreign citizens and stateless persons residing in Vietnam, upon request.
Thus, citizens go to the commune-level People's Committee where they permanently or temporarily reside (in case they do not have a permanent place of residence but register their temporary residence) to apply for a certificate of marital status.
Procedures for applying for a single status certificate (certificate of marital status) are carried out in accordance with Article 22 of Decree 123 as follows:
Procedures for issuing certificates of marital status in Vietnam
1. 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.
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.
3. 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.
4. 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.
5. 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 as prescribed in Clause 3 of this Article.
6. If a person applies for reissuance of a certificate of marital status for other purposes or due to expiration of the certificate of marital status as prescribed in Article 23 of this Decree, the certificate of marital status that was issued must be returned.
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