What documents are required to obtain a certificate of marital status in Vietnam?
What documents are required to obtain a certificate of marital status in Vietnam? When a husband and wife divide their property, will it lead to termination of the statutory matrimonial property regime in Vietnam? Where do foreigners go to get a certificate of marital status in Vietnam?
What documents are required to obtain a certificate of marital status in Vietnam?
I would like to ask when applying for a certificate of marital status, what documents do I need to prepare and what are procedures?
Answer: Pursuant to Article 28 of Decree 126/2014/ND-CP stipulates as follows:
1. A dossier for grant of a marital status certificate shall be made in 1 set, comprising the following papers:
a/ Declaration for grant of a marital status certificate made according to a prescribed form;
b/ A copy of one of the personal identification papers such as identity card, passport or another valid substitute paper;
c/ A copy of the residence registration book or temporary residence book of the applicant.
A Vietnamese citizen who has divorced at a competent foreign agency shall submit a written certification of recording in the civil status book of the divorce already settled abroad as prescribed by Vietnamese law.
2. The applicant shall submit the dossier for grant of a marital status certificate directly at a competent commune-level People’s Committee.
3. Within 2 working days after receiving a complete and valid dossier and a fee, the commune-level People’s Committee shall examine personal identifications and the marital status of the applicant; and send to the provincial-level Justice Department a report on examination results, clearly stating matters to be consulted, together with a photocopied dossier.
4. Within 10 working days after receiving a written request of the commune-level People’s Committee together with the dossier, the provincial-level Justice Department shall:
a/ Appraise the validity and completeness of the dossier for grant of a marital status certificate. When finding it necessary to clarify the personal identification details, marital status, marriage conditions and purpose of the applicant for a marital status certificate, the provincial-level Justice Department shall make verification;
b/ Request the Vietnamese citizen to be present at the office of the provincial-level Justice Department for an interview to clarify his/her voluntariness and purpose of their marriage, his/ her understanding about the family and personal circumstances of the foreign partner; about the language, customs, practices, culture and marriage and family law of the country or territory where the foreigner resides;
c/ Request the foreign partner to come to Vietnam for an interview if the appraisal, verification or interview result shows that the Vietnamese citizen does not understand the family and personal circumstances of the foreigner; or the language, customs, practices, culture and marriage and family law of the country or territory where the foreigner resides or the Vietnamese citizen said he/she will not be present at the competent foreign agency abroad for marriage registration;
In case an interpreter is needed for the interview, the provincial-level Justice Department shall appoint an interpreter.
The interview result shall be recorded in writing. The interviewer shall state his/her proposal in and sign the interview document. The interpreter (if any) shall undertake that he/ she has accurately interpreted the interview contents and sign the interview document.
Based on appraisal, verification and interview results, the provincial-level Justice Department shall issue a written reply to the commune-level People’s Committee for grant of a marital status certificate to the applicant.
In case of refusal, the provincial-level Justice Department shall issue a written reply clearly stating the reason to the commune-level People’s Committee for notification to the applicant.
5. Within 2 working days after receiving a written reply from the provincial-level Justice Department, the commune-level People’s Committee shall sign a marital status certificate or issue a written reply clearly stating the reason for refusal to grant a marital status certificate to the applicant.
Above are the types of documents as well as the procedures to be granted a certificate of marital status in Vietnam.
When a husband and wife divide their property, will it lead to termination of the statutory matrimonial property regime in Vietnam?
According to the law on marriage and family, if during the marriage, husband and wife agree to divide common property, will it lead to termination of the statutory matrimonial property regime?
Answer: Pursuant to Article 14 of Decree 126/2014/ND-CP stipulates as follows:
1. The division of common property in the marriage period shall not lead to termination of the statutory matrimonial property regime.
2. From the time the division of common property takes effect, the divided property and yields and profits from such property and yields and profits from other separate property of a spouse must be the separate property of that spouse, unless otherwise agreed by husband and wife.
3. From the time the division of common property takes effect, property gained from the exploitation of separate property of a spouse which cannot be determined as income from labor or production and business activities of a spouse or as yields or profits from such separate property must be under the joint ownership of husband and wife.
Thus, when husband and wife divide common property during the marriage, the property regime of husband and wife will not be terminated in Vietnam.
Where do foreigners go to get a certificate of marital status in Vietnam?
Please ask. According to current regulations, where should a foreigner to get married to a Vietnamese person apply for a certificate of marital status? Look forward to receiving your feedback.
Answer: At Point b, Clause 1, Article 30 of Decree 123/2015/ND-CP, it is stipulated:
1. An application for marriage registration shall be made as prescribed in Clause 1 Article 38 of the Law on civil status as follows:
b) A document certifying marital status of a foreigner is a document which is issued by a foreign competent authority, remains valid, and certifies that the holder is being single. If the foreign country does not issue a document certifying marital status, an equivalent document issued by the foreign competent authority certifying the holder’s eligibility for marriage as prescribed in law of such country is required.
If the document certifying marital status of a foreigner has an indefinite term, such document and the certificate issued by the health facility as prescribed in Clause 1 Article 38 of the Law on civil status shall only remain valid in 6 months from the date of issue.
And in Clause 1, Article 38 of the Law on Civil Status 2014, it is stated:
1. The male and female partners submit a declaration, made according to a set form, and a written certification of a competent Vietnamese or foreign health organization stating that he/she does not suffer any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts to the civil status registration agency.
Foreigners and Vietnamese citizens residing abroad shall additionally submit papers proving their marital status and copies of their passports or valid passport substitute papers.
Thus, according to the above regulations in Vietnam, the certificate of marital status of a foreigner shall be issued by the competent authority of that country.
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