When confirming marital status, what should the marital status field be recorded in Vietnam?

When confirming marital status, what should the marital status field be recorded in Vietnam?

Pursuant to the provisions in Article 33 of Circular 04/2020/TT-BTP, how to fill in marital status certificates and marital status certificate issuance registers is as follows:

1. The Marital status field shall contain the applicant’s current marital status, which must be written in an honest manner. To be specific:

- If the applicant has never married, specify that the applicant is currently not married to anyone.

- If the applicant is married, specify that the applicant is currently married to Mrs./Mr. … (Marriage Certificate No. … issued by [name of issue] on [date of issuance]).

- If the applicant cohabited with another before January 03, 1987 and has not divorced or the spouse is not deceased or declared deceased, specify that the applicant is currently married to Mrs./Mr. …

- If the applicant had a marriage registered or cohabited with another before January 03, 1987 but has divorced and has not remarried, specify that the applicant had a marriage registered or was married but has divorced per Judgment/Decision No. … dated [date of issuance] by the People’s Court of …; and is currently not registering a marriage with anyone.

- If the applicant had a marriage registered or cohabited with another before January 03, 1987 but the spouse is deceased and has not remarried, specify that the applicant had a marriage registered or was married but the spouse is deceased (Death Certificate/Death Certificate Extract/Judgment No. … issued by [name of issuer] dated [date of issuance]); and is currently not registering a marriage with anyone.

- If a married applicant wishes to have the marital status prior to marriage registration certified, specify that from [date] to [date], the applicant was not married to anyone; and is currently married to Mrs./Mr. … (Marriage Certificate No. … issued by [name of issuer] on [date]).

2. For overseas Vietnamese who wish to have the marital status during their stay in Vietnam prior to traveling abroad certified, and persons with multiple past places of residence who wish to have the marital status during the time they lived in a place of residence certified, their marital status during such periods shall be specified.

Example: not married to anyone while living in Bong Lai commune, Que Vo district, Bac Ninh province from November 20, 1996 to March 04, 1998.

3. In case a Vietnamese applicant is issued with a marital status certificate by a representative mission while they reside overseas, the Place of residence field shall contain the applicant’s current address. The applicant’s marital status shall be determined based on civil registers and the electronic civil status database managed by the representative mission and written as prescribed in Clause 2 herein.

Therefore, in this case, if your aunt and uncle cohabited as husband and wife before January 3, 1987 and has not divorced or the spouse is not deceased or declared deceased, specify that the applicant is currently married to Mrs./Mr. …

When confirming marital status, what should the marital status field be recorded in Vietnam? (Image from the Internet)

If I have a certificate of marital status, can I divide my inheritance according to the law in Vietnam?

Pursuant to Article 651 of the 2015 Civil Code, heirs at law are as follows:

1. Heirs at law are categorized in the following order of priority:

a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;

b) The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;

c) The third level of heirs comprises: biological great-grandparents of the deceased, biological uncles and aunts of the deceased and biological nephews and nieces of the deceased.

2. Heirs at the same level shall be entitled to equal shares of the estate.

3. Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit.

In case there is no will, according to the law in Vietnam, the heirs at law are determined in the above order.

Therefore, the marriage certificate confirms that your aunt is your uncle's wife, so based on the above regulations, your aunt is in the first level of inheritance according to the law in Vietnam.

Best regards!