08/04/2023 16:46

Procedures for issuing certificates of marital status in Vietnam 2023

Procedures for issuing certificates of marital status in Vietnam 2023

May I ask about the procedure to issue a certificate of marital status in Vietnam? Which agency shall I send the application to? Hai Anh – Da Nang

The Lawnet would like to respond as follows:

1. The power to issue certificates of marital status in Vietnam

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

- 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.

- The regulations above 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.

Thus, the person who requests for a certificate of marital status can go directly to the commune-level People's Committee to carry out procedures. In addition, the person requesting the issuance of the Certificate of marital status can authorize another person to submit the application directly at the Single-Window Department of the Commune People's Committee or submit the application via the postal system or submit the application online on the Public Service Portal or the Provincial Public Service Portal.

For online form, processing time: 03 working days; In case verification is required, the time limit for settlement shall not exceed 23 days.

2. Procedures for issuing certificates of marital status in Vietnam 

According to the provisions of Article 21 of Decree 123/2015/ND-CP, the procedures for issuing certificates of marital status are as follows:

- 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.

- 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 Decree 123/2015/ND-CP, a respective copy of vital records is required.

- 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.

- 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 as prescribed in Clause 3 of this Article.

- 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.

Thus, after the applicant for the Certificate of Marital Status provides all valid documents, the civil status officer of the commune-level People's Committee will handle it within 03 working days; In case verification is required, the time limit for settlement shall not exceed 23 days. The fee level shall be decided by the People's Council of the province or city directly under the Central Government. People from families who have rendered meritorious services to the revolution; people from poor households, and people with disabilities will be exempted from the fee.

Nguyen Ngoc Tram
305


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