What is the penalty for erasing and falsifying the contents of papers to carry out procedures for issuance of certificates of marital status in Vietnam?
- What documents must be submitted in order to obtain a certificate of marital status in Vietnam?
- What is the penalty for erasing and falsifying the contents of papers issued by competent persons to carry out procedures for issuance of certificates of marital status in Vietnam?
- Which agency has the power to issue certificates of marital status in Vietnam?
What documents must be submitted in order to obtain a certificate of marital status in Vietnam?
According to Clauses 1 and 2, Article 22 of Decree No. 123/2015/ND-CP stipulating the procedures for issuing a certificate of marital status as follows:
Procedures for issuing certificates of marital status
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.
Thus, according to regulations, the 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.
- 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.
What is the penalty for erasing and falsifying the contents of papers to carry out procedures for issuance of certificates of marital status in Vietnam? (Image from the Internet)
What is the penalty for erasing and falsifying the contents of papers issued by competent persons to carry out procedures for issuance of certificates of marital status in Vietnam?
Pursuant to Article 40 of Decree No. 82/2020/ND-CP, violations against regulations on issuance and use of certificates of marital status are prescribed as follows:
Violation against regulations on issuance and use of certificates of marital status
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for erasing, correcting and falsifying the contents of papers issued by competent agencies, organizations or persons to carry out procedures for issuance of certificates of marital status.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a) Using other people's papers to carry out procedures for issuance of certificates of marital status;
b) Making false statements about marital status to carry out procedures for issuance of certificates of marital status;
c) Providing false information and documents to obtain a certificate of marital status;
d) Using the certificate of marital status not for the purpose stated in the certificate.
3. Additional penalties:
Confiscate material evidences which are papers and documents that have been erased or modified to falsify their contents, for violations specified in Clause 1 of this Article.
4. Remedial measures:
To propose competent agencies, organizations and persons to consider and handle the issued marriage status certificates due to violations specified in Clause 1, Points a, b and c, Clause 2 of this Article. This; papers and documents have been erased or corrected to falsify the contents specified in Clause 1 of this Article.
Thus, the person who erases and falsifies the contents of the papers issued by the competent person to carry out the procedures for the issuance of a certificate of marital status may be fined up to VND 3,000,000. In addition, violators are also subject to:
- Confiscation of material evidences which are papers and documents that have been erased or altered to falsify their contents, for violations specified in Clause 1 of this Article.
- Proposing competent agencies, organizations and persons to consider and handle the issued marriage status certificates due to violations specified in Clause 1, Points a, b and c, Clause 2 of this Article; papers and documents have been erased or corrected to falsify the contents specified in Clause 1 of this Article.
Which agency has the power to issue certificates of marital status in Vietnam?
According to Article 21 of Decree No. 123/2015/ND-CP stipulating 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 applies in case of issuance of certificate of marital status to a foreigner or a stateless person residing in Vietnam upon his/her request.
Thus, according to regulations, the People’s Committee of commune where a Vietnamese citizen permanently resides shall issue him/her with a certificate of marital status.
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