Procedures for re-issuing marriage certificates in Vietnam

Marriage registration certificates are likely to be damaged, torn or lost for a long time. So in cases the marriage registration certificate needs to be re-issued, what are the procedures to apply for re-issuance in Vietnam?

Procedures for re-issuing marriage certificates in Vietnam (illustration)

1. Is it possible to re-issue marriage certificates in Vietnam?

Case 1: Reissuance of original extract of marriage certificate in Vietnam

Pursuant to Article 24 of Decree 123/2015/ND-CP, the conditions for re-registration of marriage are as follows:

-  Any marriage registration that has been granted at the competent authority of Vietnam before January 1, 2016 but the vital records or originals copies from vital records are lost shall be eligible for re-registration.

- An applicant for marriage re-registration shall submit sufficient copies of relevant documents.

- The marriage re-registration is only granted if the applicants are still alive at the time of receiving application.

As stated above, to reissue the original extract, the conditions for re-registration of marriage must be met. At that time, people in Vietnam will be considered as remarried and granted the original marriage certificate extracted from the civil registry.

Case 2: Reissuance of a copy of the marriage certificate extract in Vietnam from the civil status register

Clause 1, Article 62 of the Civil Status Law 2014 stipulates that When making civil status registration, the civil status registration agency shall grant 1 original civil status extract to the civil status registration requester, except the registration of birth and marriage in Vietnam.

According to Clause 9, Article 4 of the Civil Status Law 2014 provides for civil status extracts as follows:

Civil status extract means a document issued by a competent state agency proving a civil status event of an individual already registered at a civil status registration agency in Vietnam.

The original civil status extract shall be issued immediately after a civil status event is registered.

Copies of a civil status extract include:

+ Copies of civil status extracts issued from the civil status database

+ Certified copies of original civil status extracts.

Currently, Article 18 of the Civil Status Law 2014 stipulates that the justice and civil status officer shall report to the chairperson of the commune-level People's Committee to organize the handover of the marriage certificate to the couple in Vietnam.

Clause 2 Article 3 of Decree 23/2015/ND-CP stipulates that Copies certified as true from originals under this Decree have legal value when being used as substitutes for originals in transactions except otherwise prescribed by the law.

Thus, in addition to the case of re-registration of marriage, other cases may only provide the original extract 01 time for both men and women in Vietnam. Therefore, an applicant for a marriage certificate can only receive a copy of the civil status extract in Vietnam.

2. Procedures for re-issuing marriage certificates in Vietnam

2.1 Procedures for re-registration of marriage

Pursuant to Article 27 of Decree 123/2015/ND-CP regulating procedures for re-registration of marriage in Vietnam as follows:

Step 1: Filing

An application for marriage re-registration shall include:

- An application form as prescribed;

- A copy of the former marriage license.

In case of absence from the copy of marriage license, a copy of the personal document relating to the marriage registration contents is also permitted in Vietnam.

Step 2: Verify records in Vietnam and return results

Within 5 working days from the date on which the application is received, the civil status official shall verify it.

- If the marriage re-registration is sufficient, accurate, and consistent with regulations of law, the civil status official shall grant the marriage re-registration as prescribed in Clause 2 Article 18 of the Law on civil status.

- If the application for marriage re-registration is submitted at the People’s Committee of a commune other than the commune which has granted the former marriage registration, the civil status official shall request the President of People’s Committee to request such the People’s Committee to verify the respective vital records.

Within 5 working days, from the date on which the request is received, the People’s Committee which has granted the former marriage registration shall verify and respond in writing that the vital records are whether kept.

Within 3 working days in Vietnam from the date on which verification results that the vital records are no longer kept in the commune where the marriage registration has been granted are received and the application is considered satisfactory and consistent with regulations of law, the civil status official shall grant the marriage re-registration as prescribed in Clause 2 of this Article.

(The marriage relationship shall be recognized from the date on which the former marriage registration was granted which is specified in the marriage license and vital records in Vietnam. If the day and month of former marriage registration is not identified, the marriage relationship shall be recognized from January 1, of the year of former marriage registration.)

2.2 Procedures for re-issuing marriage certificates

Clause 2 Article 3 of Decree 23/2015/ND-CP stipulates that Copies certified as true from originals under this Decree have legal value when being used as substitutes for originals in transactions except otherwise prescribed by the law

Pursuant to Article 64 of the Civil Status Law 2014 , the procedures for issuing copies of civil status extracts in Vietnam are as follows:

Step 1: Submit the request

Requesters for issue of civil status extract copies may directly or through representatives send declarations, made according to a set form, to the civil status database-managing agency.

In case a competent agency or organization requests issue of a civil status extract copy of an individual in Vietnam, it shall send a written request clearly stating the reason to the civil status database-managing agency.

Step 2: Return the results

Immediately after receiving a request:

- If seeing that the prescribed conditions are fully met, the civil status database-managing agency shall issue a civil status extract copy to the requester in Vietnam.

- Failing to qualify, the management agency of the civil status database shall provide reasons.

In addition, Article 4 of the Civil Status Law 2014 stipulates that Civil status registration agency is the People's Committee of a commune, ward or township (below referred to as commune-level People's Committee), the People's Committee of a rural district, urban district, town or provincial city or an equivalent administrative unit (below referred to as district- level People's Committee) or an overseas Vietnamese diplomatic mission or consular office (below referred to as representative mission).

Legal basis: Civil Status Law 2014, Decree 23/2015/ND-CP, Decree 123/2015/ND-CP.

Ngoc Nhi

 

 

 

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