This is a notable content of the Circular No. 04/2020/TT-BTP elaborating a number of articles of the Law on Civil Status and Decree No. 23/2015/NĐ-CP of Vietnam’s Government.
Article table of contents
Step 1: Prepare dossiers
According to Article 12 of the Circular No. 04/2020/TT-BTP of the Ministry of Justice of Vietnam, applicant shall prepare the application as follows:
* Application include:
- Application form using the form as prescribed.
- If the applicant for certificate of marital status had been married but he/she obtained divorce then or his/her spouse died, he/she must present or submit valid documents proving such status.
- A Vietnamese citizen who obtained divorce or marriage annulment abroad must submit a respective copy of vital records.
- If a person applies for reissuance of a certificate of marital status for other purposes or due to expiration of the certificate of marital status, the certificate of marital status that was issued must be returned.
- Written authorization as prescribed by law in case of authorization to carry out the registration of civil status change, correction or addition. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, elder/younger brother, sister of the principal, the power of attorney is not required to be authenticated.
* Documents to be presented include:
- Passport or ID card or citizen ID card or other papers with photos and personal information issued by a competent authority, valid for use to prove the identity of the applicant for issuance of a certificate of marital status.
- Documents proving the place of residence of the applicant for a certificate of marital status to determine the jurisdiction (during the transition period).
Step 2: Submit application and pay fee
The applicant for a certificate of marital status shall submit 01 set of documents in one of the following forms:
- Directly at the commune-level People's Committee;
- Online through the civil status registration system;
- Postal services. In case the application is sent by post, it must be accompanied by certified copies of the documents to be presented.
According to the Circular No. 85/2019/TT-BTC of the Ministry of Finance of Vietnam guiding fees and charges under the decision-making authority of the People's Councils of central-affiliated provinces and cities, the fee for applying for a certificate of marital status will be according to the fee rate set by the provincial People's Council. Exemption of fees for people from families with meritorious services to the revolution; people from poor households; people with disabilities.
Note: In case the request for certification of marital status is for the purpose of marriage, the requester must satisfy all conditions for marriage according to the Law on Marriage and Family of Vietnam as follows:
- The man is full 20 years or older, the woman is full 18 years or older;
- The marriage is voluntarily decided by the man and woman;
- The man and woman do not lose the civil act capacity;
- The marriage does not fall into one of the prohibited cases:
+ Sham marriage or sham divorce;
+ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
+ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;
+ Getting married or cohabiting as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;
- The State does not recognize marriage between people of the same gender. In case the request for 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.
Step 3: Processing applications and returning results
- If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete or incomplete, he/she shall immediately guide the applicant to supplement and complete the application according to regulations; in case it is not possible to supplement or complete the dossier immediately, the recipient must make a guiding document, clearly stating the types of papers and contents to be supplemented, completed, signed, and clearly written the full name of the recipient.
- After receiving the complete and valid application, the judicial and civil status officer shall check and verify the marital status of the requester.
- Within 03 working days, the civil status - judicial official shall submit to the President of the People's Committee to sign and issue 01 copy of the certificate of marital status for use for marriage purposes to the requester if all conditions are fully satisfied, in case of complicated verification, the time limit for settlement may be extended but must not exceed 23 days.
Le Vy
