Is it mandatory to return to my hometown to get a Certificate of Marital Status after registering at my new address in Vietnam?

Is it mandatory to return to my hometown to get a Certificate of Marital Status after registering at my new address in Vietnam? What is validity of certificate of marital status in Vietnam? What are procedures for issuing certificates of marital status in Vietnam? 

Hello, due to work needs, I had to go to the city to live and now I have registered place of pernament residence with my uncle's house. Recently, my girlfriend and I intended to get married and went to the commune-level People's Committee under my girlfriend's house to register our marriage, but the marriage registration agency asked me to add a Certificate of Marital Status to apply for marriage registration. Could you please tell me, in my case, do I have to go back to my hometown to get a Certificate of Marital Status or do I have to apply at the agency where I registered my household registration? And what is validity of certificate of marital status?

Please advise. Thankyou.

Is it mandatory to return to my hometown to get a Certificate of Marital Status after registering at my new address in Vietnam?

Article 21 of Decree 123/2015/ND-CP stipulates the authority to issue Certificates of marital status as follows:

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 apply in case of issuance of certificate of marital status to a foreigner or a stateless person residing in Vietnam upon his/her request.

According to the above regulations in Vietnam, the competent authority to issue the Certificate of Marital Status is the People's Committee of the commune, the place of permanent residence of Vietnamese citizens.

So if you register your permanent residence in your hometown, you are required to go to the commune-level People's Committee in your hometown to apply for a Certificate of Marital Status. In case your place of permanent residence is where you registered your current household registration, you must go to the Commune People's Committee of the place where you entered your current household registration to apply for a Certificate of Marital Status in Vietnam.

What is validity of certificate of marital status in Vietnam?

Article 23 of Decree 123/2015/ND-CP stipulates the validity of the Certificate of Marital Status as follows:

1. A certificate of marital status shall remain valid in 6 months from the date of issue.

2. The certificate of marital status shall be used for the purpose of marriage at a competent authority in Vietnam, or at a competent authority overseas or for other purposes.

3. The certificate of marital status shall be invalid if being used for a purpose other than those specified in the certificate.

According to this Article, the law stipulates that a Certificate of Marital Status is valid for 6 months from the date of issue in Vietnam.

What are procedures for issuing certificates of marital status in Vietnam? 

Article 22 of Decree 123/2015/ND-CP stipulates procedures for issuing a certificate of marital status as follows:

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.

3. 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.

4. 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.

5. 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.

6. 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 A

Above are the legal regulations on procedures for issuing Certificate of Marital Status in Vietnam.

Best regards!

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