If I make a written authorization for my adoptive mother to get my marital status certificate in Vietnam, do I have to certificate that authorization?

If I make a written authorization for my adoptive mother to get my marital status certificate in Vietnam, do I have to certificate that authorization?

Pursuant to Article 2 of Circular 04/2020/TT-BTP stipulating 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.

In addition, in Clause 1, Article 24 of the Law on Adoption 2010, consequences of adoption are as follows:

1. From the date of delivery and receipt of an adopted child, the adoptive parents and adopted child will have all the rights and obligations between parents and child; and the adopted child and other members of the adoptive parents family will also have the rights and obligations between them under the law on marriage and family, the civil law and other relevant laws.

Thus, according to current regulations in Vietnam, at the time of adoption, the adoptive parents will have the rights and obligationsbetween parents and child. Therefore, parents when making authorization only need to make it in writing, not have to certificate. But instead there must be proof of the relationship.

Is it possible to authorize civil status registration in all cases in Vietnam?

Besides, Article 6 of the Law on Civil Status 2014 stipulates civil status registration right and obligation of individuals as follows:

1. Vietnamese citizens and stateless persons permanently residing in Vietnam have the civil status registration right and obligation.

This provision also applies to foreign citizens permanently residing in Vietnam, unless otherwise provided by a treaty to which Vietnam is a contracting party.

2. In case of marriage or parent or child recognition, the parties shall directly register it at the civil status registration agency.

For other matters of civil status registration or issue of civil status extract copies, requesters shall directly or authorize other persons to register. The Minister of Justice shall detail the authorization.

3. Minors and adults who have lost their civil act capacity may request civil status registration or issue of civil status extract copies through their at-law representatives.

According to this Article, it is not possible to perform authorization in all cases. Authorization is not performed in the case of marriage or parent or child recognition in Vietnam.

Best Regards!