What Does the Documentation for Applying for a Certificate of Marital Status Include? Latest Fee for Issuing a Certificate of Marital Status in 2023?
Documentation required for the Certificate of Marital Status application
Pursuant to Clause 1, Clause 2, Article 22 of Decree 123/2015/ND-CP, the documentation required for the Certificate of Marital Status application is specified as follows:
Procedure for issuing the Certificate of Marital Status
1. The person requesting the certificate of marital status shall submit a declaration form as prescribed. In case of requesting a certificate of marital status for the purpose of marriage, the requester must meet the conditions for marriage as prescribed by the Law on Marriage and Family.
2. If the person requesting the certificate of marital status has had a spouse but is now divorced or their spouse has passed away, then they must provide or submit valid documents to prove it; if falling under the circumstances stipulated in Clause 2, Article 37 of this Decree, they must submit an extracted copy of the civil status record accordingly.
The person requesting the certificate of marital status needs to prepare the following documents:
- Declaration form for the issuance of the Certificate of Marital Status.- If the requester has had a spouse but is now divorced or the spouse has passed away, they must provide or submit valid documents to prove it.
Documentation required for the Certificate of Marital Status application. Latest fee for issuance of the Certificate of Marital Status in 2023.
Latest fee for issuance of the Certificate of Marital Status in 2023
Pursuant to point c, Clause 2, Article 5 of Circular 85/2019/TT-BTC (amended by point e, Clause 3, Article 1 of Circular 106/2021/TT-BTC), the fee for issuing the Certificate of Marital Status is prescribed as follows:
Basis for determining fees and charges
Based on the socio-economic conditions of the locality where the service provision, fee, and charge collection activities arise, the provincial People's Council shall prescribe appropriate fee and charge rates.
...
2. For fee categories
...
c) Civil status fee is the amount collected from individuals whose civil status matters are resolved by competent state agencies in accordance with law, excluding the issuance of civil status extract copies (fees charged for extracting and using information from the civil status database as prescribed in Circular No. 281/2016/TT-BTC dated November 14, 2016, of the Minister of Finance).
- Civil status fee for registering civil status at the commune-level People's Committee includes: Birth registration (including late registration, re-registration, registration for those with personal records); death registration (including late registration, re-registration); marriage registration (re-registration); recognition of parents and children; change, correction of civil status for individuals under 14 years old residing domestically; civil status supplementation for Vietnamese citizens residing domestically; issuance of Certificate of Marital Status*; recognition or entry of other civil status matters into the civil status register; other civil status registration.*
- Civil status fee for registering civil status at the district-level People's Committee includes: Birth registration (including registration, re-registration, registration for those with personal records); death registration (including registration, re-registration); marriage registration (including new registration, re-registration); guardianship, termination of guardianship; recognition of parents and children; change, correction of civil status for individuals aged 14 years and above residing domestically; reassessment of ethnicity; change, correction, supplementation of civil status with foreign elements; recordation into the civil status register of civil status matters of Vietnamese citizens resolved by foreign authorities; other civil status registration.
- Based on the actual conditions of the locality to prescribe appropriate fee rates.
- Exemption, reduction of civil status fee as prescribed in Article 10 of the Law on Fees and Charges and Clause 1, Article 11 of the Law on Civil Status.
Thus, the fee for issuing the Certificate of Marital Status will be based on the socio-economic conditions of the locality where the service provision, fee, and charge collection activities arise, determined by the provincial People's Council.
Use cases for the Certificate of Marital Status
Pursuant to Article 23 of Decree 123/2015/ND-CP, the Certificate of Marital Status is prescribed for:
The certificate of single status is used in the following cases:
First, for marriage registration as prescribed in Article 10 of Decree 123/2015/ND-CP.
Second, in property transactions.
Although the current law does not specify this issue, Clause 1, Article 35 of the Law on Marriage and Family 2014 stipulates that the disposal of common property by spouses is based on mutual agreement.
If it is the common property of the spouses and only one party transacts, it may lead to legal issues. In practice, to minimize risks related to property transactions of spouses, a certificate of marital status is often required.
Third, for other purposes as prescribed in Clause 3, Article 23 of Decree 123/2015/ND-CP.
Note: When used for other purposes, such purposes must match the purpose stated in the Certificate.
LawNet