Procedures for applying for a marital status certificate in Vietnam

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Procedures for applying for a marital status certificate in Vietnam (Source: Internet)

1. What is a marital status certificate?

A certificate of marital status is a type of paper issued by the civil status authority to identify an individual who is single for the purpose of getting married, confirming marital status with a spouse but divorced, or in case the spouse has passes away.

2. Why is marital status certificate needed in Vietnam?

A marital status certificate is used in the following cases in Vietnam:

Used for marriage registration: applicants for marriage registration shall submit the original of certificate of marital status according to Clause 2, Article 2, Article 10 of Decree 123/2015 ND-CP.

Because point c, clause 1, Article 5 of the Law on Marriage and Family 2014 prohibits the act of a married person marrying another person or an unmarried or unmarried person marrying a married person.

-Used in property transactions. Although there is no specific law that requires a certificate of marital status when conducting property transactions, according to Clause 1, Article 35 of the Law on Marriage and Family 2014, the disposition of assets must be carried out. The common property of husband and wife shall be agreed upon by both parties.

Therefore, if it is a common property of husband and wife that one party brings to the transaction, it will lead to legal risks, so in fact, when performing property transactions, a marital status certificate is require to reduce the risk of property transactions.

3. Where can I get a marital status certificate in Vietnam?

- Vietnamese citizens shall apply for a marital status certificate at the commune-level People's Committee of Vietnam where they permanently reside.

- If Vietnamese citizen does not have a permanent place of residence but has registered his/her temporary residence in accordance with the law on residence, he/she shall apply for amarital status certificate at the commune-level People's Committee where he/she registers.

-Foreigners and stateless persons residing in Vietnam shall apply for a certificate of marital status at the People's Committee of the commune where such person resides.

(Article 21, Decree 123/2015/ND-CP)

4. What are the required documents for application for marital status certificate?

The applicant for marital status certificate needs to prepare the following documents:

-Form declaration

-In case the request for certification of marital status is for the purpose of marriage, the requester must fully satisfy the marriage conditions as prescribed in Article 8 of the Law on Marriage and Family 2014.

- In case the applicant for certification of marital status is married but divorced or the wife or husband has died, he/she must present or submit valid papers to prove it.

A copy of the extract must be submitted if a Vietnamese citizen has divorced, canceled his/her marriage abroad, then returned to his/her home country for permanent residence or completed procedures for new marriage registration at a competent Vietnamese agency. respective civil status records.

(clauses 1 and 2, Article 22 of Decree 123/2015/ND-CP)

5. How many certificates of marital status will be issued to an individual?

-In the case of requesting a certificate of marital status to be used for marriage purposes, the civil status registration agency shall only issue one (1) copy to the requester. The certificate of marital status must clearly state the full name, year of birth, nationality, identification papers of the person intending to get married, and the place where the marriage is intended to be registered.

In the event that the request for the issuance of a certificate of marital status is used for purposes other than marriage registration, the requester is not required to satisfy the marriage conditions. The certificate of marital status must clearly state the purpose of use and is not valid for marriage registration. number of certificates of marital status issued upon request.

Circular 04/2020/TT-BTP (Article 12)

6. what is the validity of  the marital status certificate?

The marital status certificate is valid until the time of change of marital status or six months from the date of issue, whichever comes first.

For example, if a marital status certificate was issued on February 3, 2020, but on February 10, 2020, the person who was granted a marital status certificate registered to get married, the certificate of marital status would only be valid until 10/02/2020.

(Clause 4, Article 12 of Circular 04/2020/TT-BTP)

Diem My

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