What documents are required to apply for a single certificate in Vietnam?

What documents are required to apply for a single certificate in Vietnam?

Pursuant to Subsection 16 Section II of the Appendix issued together with the Decision 2228/QĐ-BTP in 2022, documents that are required to apply for a single certificate in Vietnam are as follows:

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Profile composition:

- A declaration for issuance of a certificate of marital status (if the requester chooses to submit the application in person);

- An interactive electronic form for issuance of a certificate of marital status (by the requester providing information according to the instructions on the Public Service Portal if the requester chooses to submit the application online)

- The person requesting the issuance of the Certificate of marital status shall submit/present (in person) or upload (in the online form) the following documents:

* Documents to be submitted:

- In case the applicant for the Certificate of marital status is married but divorced or the spouse has died, he/she must present (the original) or submit a copy of a valid document for proof;

- Vietnamese citizens who have divorced or canceled their marriage abroad must submit a copy of the divorce note extract.

- In case an individual requests the re-issuance of the Certificate of marital status for other purposes or because the Certificate of marital status has expired as prescribed, the Certificate of marital status that has been granted previously must be returned

- Power of attorney as prescribed by law in case of authorization to issue a certificate of marital status. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of the authorizing person, the power of attorney is not required to be authenticated.

* Documents to be presented:

- Passport or ID card or citizen identification card or other papers with photos and personal information issued by a competent authority, valid for use to prove the identity of the lover Request a certificate of marital status. In case the personal information in these documents is already in the National Database, the electronic database, and is automatically filled in by the system, it is not required to present (in direct form) or upload (in the online form);

- Proof of residency. In case the information about documents proving the place of residence is already in the National Park Service and is automatically filled in, it is not necessary to present (in direct form) or upload (in the online form);

In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.

* Note

- In case of request for issuance of certificate of marital status to use for marriage purposes, the judicial and civil status officer shall submit a certificate of marital status to the leader of the People's Committee to sign and issue 01 copy of the certificate of marital status for use for the purpose of marriage for the claimant.

- In case the certificate of marital status is requested to be used for other purposes other than for marriage registration, the certificate of marital status must clearly state the purpose of use and the number of the certificate of marital status is granted upon request.

- In case of request for issuance of Certificate of marital status for marriage to a person of the same sex or to a foreigner at a foreign representative office in Vietnam, the civil status registration agency shall refuse to handle it.

- For submitted documents, to present if the requester submits the dossier in person:

+ For papers presented during civil status registration, the recipient is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the presenter, may not be required to submit a copy or photocopy of such document.

+ The civil status registration requester may submit a certified true copy from the original or a copy issued from the original book or a photocopy enclosed with the original papers for comparison. In case the requester submits a photocopy enclosed with the original document, the receiver is responsible for checking and comparing the photocopy with the original and signing for certification.

+ The recipient is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers which are not required by civil status law to be submitted.

- For attached documents if the requester submits the application online:

+ Photocopies of documents enclosed with the online application for certification of marital status must be clear, complete and complete in terms of content, are copies taken with a camera, phone or photographed, scanned by an electronic device, from a validly issued document that is still valid; if it is a document issued by a foreign competent authority, it must be consularly legalized and translated into Vietnamese according to regulations, except for cases where consular legalization is exempted.

+ In case the papers and documents required to be enclosed in the application for the online certificate of marital status already have an electronic copy or have an electronic copy of the civil status document, the requester may use the electronic copy.

+ When going to the civil status registration office to receive the results, the person requesting the issuance of the Certificate of marital status shall present his/her identity papers and submit the papers that are part of the application for the issuance of the Certificate of marital status according to the regulations on civil status.

In case the applicant for a certificate of marital status fails to provide the above-mentioned papers as prescribed, or the submitted or presented papers are erased, corrected or forged, the competent civil status registration agency shall nullify the results of the confirmation of marital status.

+ In case the civil status registration requester is allowed to make a written undertaking about the contents of the civil status registration request, the civil status registration agency must clearly explain to the person making the written commitment about the responsibilities and consequences of the civil status registration request. the legality of untruthful undertakings.
The civil status registration agency shall refuse to settle or request the competent agency to cancel the civil status registration result, if there are grounds to determine that the contents of the undertaking are untrue.

As regulations above, the household registration book is not a document that needs to be prepared to apply for a single certificate. Depending on the form of request for a certificate of marital status, the submitter shall submit/present (in person) or upload (in the online form) but need to prepare documents as prescribed above.

Which authorities shall have power to issue single certificate in Vietnam?

Pursuant to Article 21 of the Decree 123/2015/NĐ-CP stipulating 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.

Pursuant to Subsection 16 Section II of the Appendix issued together with the Decision 2228/QĐ-BTP in 2022 stipulating as follows:

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How to perform:

The person requesting the issuance of a certificate of marital status directly performs or authorizes another person to submit the application directly at the One-Stop Department of the commune-level People's Committee, or send the application via the postal system or submit the application form. You can apply online on the National Public Service Portal (https://dichvucong.gov.vn) or the Provincial Public Service Portal (https://dichvucong.---.gov.vn).

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Agencies carrying out administrative procedures:

- The People's Committee of the commune where the applicant for the Certificate of marital status permanently resides.

- In case the applicant for a Certificate of marital status does not have a permanent place of residence but has registered his/her temporary residence in accordance with the law on residence, the People's Committee of the commune where he/she temporarily resides shall issue the Certificate of marital status. get marital status.

Coordinating agency: National Park Service Management Authority, Commune-level People's Committee of the former place of residence of the applicant for a Certificate of marital status (in case the requester has permanently resided in many different places), People's Committee of the place where you intend to register your marriage before.

Thus, the People's Committee of the commune where the applicant for the Certificate of marital status resides is the agency that issues the Certificate of marital status. The person requesting the issuance of a certificate of marital status directly performs or authorizes another person to submit the application directly at the One-Stop Department of the commune-level People's Committee, or send the application via the postal system or submit the online application form on the National Public Service Portal.

What is the fee for issuance of single certificate in Vietnam?

Pursuant to Clause 2.c Article 5 of the Circular 85/2019/TT-BTC stipulating as follows:

c) The civil status fee is the amount collected from the person whose civil status work is handled by a competent state agency in accordance with law, excluding the issuance of a copy of civil status extracts (collection of fees for civil status declaration). exploit and use information in the civil status database as prescribed in Circular No. 281/2016/TT-BTC dated November 14, 2016 of the Minister of Finance).

- Civil status fees for civil status registration at the People's Committees of communes, wards and townships, including: Birth registration (including: untimely birth registration, birth re-registration, birth registration for those who already have personal records and papers); death declaration (including: untimely registration of death, re-registration of death); get married (re-registration of marriage); accept father, mother, child; change, correct civil status for people under 14 years old residing in the country; supplementing civil status for Vietnamese citizens residing in the country; issue a certificate of marital status; certify or record in the civil status book other civil status affairs; other civil status registration.

- Civil status fees for civil status registration at the People's Committees of rural districts, urban districts, towns, provincial cities and centrally run cities, including: Birth registration (including birth registration, registration re-sign birth registration, birth registration for those who already have personal records and papers); death registration (including: death registration, death re-registration); marriage (including: new marriage registration, re-marriage registration); guardianship, termination of guardianship; accept father, mother, child; change, correct civil status for persons aged full 14 years or older residing in the country; redefine ethnicity; change, correct or supplement civil status with foreign elements; record in the civil status book that the civil status of Vietnamese citizens has been settled at a competent foreign agency; other civil status registration.

- Based on the actual conditions of the locality to determine the appropriate fee level.

- Exemption or reduction of civil status fees as prescribed in Article 10 of the Law on Fees and Charges and Clause 1, Article 11 of the Law on Civil Status.

Pursuant to Article 10 of the Fees and Charges in 2015 stipulating exemptions, remissions of fees, charges as follows:

1. Persons who are entitled to exemptions, remissions of fees and charges include children, poor households, senior citizens, the disabled, and persons with meritorious services to the Revolution, ethnic minorities living in communes facing extreme socio-economic difficulties and others as prescribed.

2. The Standing committee of the National Assembly shall stipulate persons entitled to exemptions and remissions of legal fees and charges.

3. The Government shall stipulate persons entitled to specific exemptions and remissions within competence.

4. The Minister of Finance, provincial People’s Councils shall stipulate persons entitled to specific exemptions and remissions within competence.

Pursuant to Clause 1 Article 11 of the Law on Civil Status in 2014 stipulating civil status fees as follows:

1. Civil status fees shall be exempted in the following cases:

a/ Civil status registration for members of families that have rendered meritorious services to the revolution; members of poor households; persons with disabilities;

b/ Birth and death registration on time, guardianship and marriage of Vietnamese citizens residing in the country.

Pursuant to Subsection 16 Section II of the Appendix issued together with the Decision 2228/QĐ-BTP in 2022 stipulating as follows:

Fees:

- The specific fee level shall be decided by the People's Council of the province or city directly under the Central Government.

- Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.

Accordingly, the fee level for issuance of a certificate of marital status in each province will be decided by the People's Council of the province or city directly under the Central Government, and a number of the subjects specified above are exempt from the fee for issuance of such certificate of marital status.

Best regards!