If I have no permanent residence in Vietnam, where should I apply for a certificate of marital status?
If I have no permanent residence in Vietnam, where should I apply for a certificate of marital status? What are procedures for issuing certificates of marital status in Vietnam?
Hi, I have a problem that needs to be answered. I currently do not have a permanent residence registration because of a quarrel with my parents, so my parents have withdrawn my name from the household registration book. After that, I also lived in many places because my job moved a lot, so I only registered for temporary residence. I am looking to sell my car, and I heard that to sell a car, a certificate of marital status is required. If I do not have a permanent residence, where should I apply for a certificate of marital status? I am temporarily residing in commune N.
Please advise. Thankyou.
1. If I have no permanent residence in Vietnam, where should I apply for a certificate of marital status?
Article 21 of Decree 123/2015/ND-CP stipulates the power 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.
Thus, according to the above provisions, 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. You are temporarily residing in commune N but you did not specify whether you have registered for temporary residence or not. If you have already registered for temporary residence, you can leave it to the People's Committee of Commune N to apply for a certificate of marital status.
2. What are procedures for issuing certificates of marital status in Vietnam?
According to Article 22 of Decree 123/2015/ND-CP stipulating procedures for issuing certificates 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 Article 23 of this Decree, the certificate of marital status that was issued must be returned.
Above is the entire procedure to issue a certificate of marital status in Vietnam.
Best Regards!
