Do I need a certificate of marital status to sell my car in Vietnam?

Do I need a certificate of marital status to sell my car in Vietnam?

Clause 1, Article 40 of the Notary Law 2014 stipulates that notarization request dossier shall be made in one set, comprising:

a/ A notarization request containing information on full name and address of the notarization requester, contents to be notarized and list of enclosed papers; name of the notarial practice organization, full name of the dossier recipient, and time of dossier receipt;

b/ The draft contract or transaction;

c/ A copy of the personal identity paper of the notarization requester;

d/ A copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets;

dd/.Copies of other papers related to the contract or transaction as required by law.

According to Clause 1, Article 33 of the 2014 Law on Marriage and Family, the common property of husband and wife is stipulated:

1. Common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period; except the case prescribed in Clause 1, Article 40 of this Law; property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.

The land use rights obtained by a spouse after marriage shall be common property of husband and wife, unless they are separately inherited by, or given to a spouse or are obtained through transactions made with separate property.

2. Common property of husband and wife shall be under integrated common ownership and used to meet family needs and perform common obligations of husband and wife.

3. When exists no ground to prove that a property in dispute between husband and wife is his/her separate property, such property shall be regarded as common property.

Thus, in the above regulations in Vietnam, there is no provision for a certificate of marital status. But the problem you need to prove is whether you are the owner of that car, whether it is your private property or not, whether you have the right to dispose of this property alone or not, so confirming the Marital status when selling a car is essential.

Do I need a certificate of marital status to sell my car in Vietnam? (Image from the Internet)

Can I authorize my relative to apply for a certificate of marital status in Vietnam?

Pursuant to Article 2 of Circular 04/2020/TT-BTP regulating the authorization of civil registration as follows:

1. An applicant for issuance of a copy of a civil status extract, issuance of a marital status certificate or registration of a vital event listed in Article 3 of the Law on Civil Status (hereinafter collectively referred to as “civil registration application”) may authorize another person to carry out such application; excluding marriage registration, marriage re-registration and recognition of parent-child relationship, which may not be authorized  but one party may submit an application to the competent civil registration authority without a written authorization from the other party.

Authorization must be granted in writing and certified as per the law. Such certification is not required if the authorized person is a biological sibling, grandparent, parent, child or spouse of the authorizing person.

2. In case the applicant for registration of the birth of a child is the a grandparent or another relative of the child according to regulations in Clause 1 Article 15 of the Law on Civil Status, the authorization letter from the child’s parent(s) is not required but the child’s parent(s) must agree on the contents of the birth certificate.

Therefore, confirming marital status can authorize relatives to do it on your behalf, except in the case of marriage registration, re-registration of marriage and registration of recognition of father, mother, and children. If you want to apply for a certificate of marital status to sell your car, you can ask your parents to do it for you in Vietnam.

Best regards!