The power to issue certificates of marital status in Vietnam

The power to issue certificates of marital status in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. The power to issue certificates of marital status in Vietnam

The power to issue certificates of marital status according to Article 21 of Decree 123/2015/ND-CP is as follows:

- 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.

- Clause 1 of Article 21 of Decree 123/2015/ND-CP 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.

2. Procedures for issuing certificates of marital status in Vietnam

Procedures for issuing certificates of marital status according to Article 22 of Decree 123/2015/ND-CP are as follows:

- An applicant for certificate of marital status shall submit an application form using the form as prescribed. If the application for certificate of marital status is submitted for marriage purpose, the applicant shall satisfy all conditions for marriage as prescribed in the Law on marriage and family.

- 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; in case of the circumstance prescribed in Clause 2 Article 37 of Decree 123/2015/ND-CP, a respective copy of vital records is required.

- Within 3 working days from the date on which the satisfactory application is received, the civil status official shall verify the applicant’s marital status. If the applicant meets all conditions and the issuance of certificate of marital status is consistent with regulations of law, the civil status official shall request the President of People’s Committee to issue one certificate of marital status to the applicant.

Contents of certificate of marital status shall be consistent with the applicant’s current marital status and purpose of the certificate of marital status.

- If the applicant for certificate of marital status has registered permanent residence in multiple places, he/she must prove his/her marital status. If the applicant fails to produce such evidence, the civil status official shall report it to the President of People’s Committee of commune;

The President shall then request People’s Committees of communes where the applicant had registered permanent residence in writing to verify the marital status.

Within 3 working days from the date on which the written request is received, the requested People’s Committee of commune shall verify and respond in writing to the requesting People’s Committee of commune in terms of the applicant's marital status during his/her residence in the commune.

- As soon as practicable after receiving such response, if there are substantial grounds, the People’s Committee of commune shall issue a certificate of marital status to the applicant as prescribed in Clause 3 of Article 22 of Decree 123/2015/ND-CP.

- 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 as prescribed in Article 23 of Decree 123/2015/ND-CP, the certificate of marital status that was issued must be returned.

3. Validity of certificate of marital status in Vietnam

Validity of certificate of marital status according to Article 23 of Decree 123/2015/ND-CP is as follows:

- A certificate of marital status shall remain valid in 6 months from the date of issue.

- The certificate of marital status shall be used for the purpose of marriage at a competent authority in Vietnam, or at a competent authority overseas or for other purposes.

- The certificate of marital status shall be invalid if being used for a purpose other than those specified in the certificate.

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