Vietnam: Things to know about the marital status confirmation

Authority for issuance of the marital status confirmation

According to Article 21 of the Decree No. 123/2015/NĐ-CP of Vietnam’s Government, the People’s Committee of the commune where a Vietnamese citizen permanently resides shall issue him/her with a marital status confirmation. 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 marital status confirmation.

In the case of citizens with different residence times, the issuance of the marital status confirmation is prescribed in Clause 4 Article 22 of the Decree No. 123/2015/NĐ-CP of Vietnam’s Government, specifically as follows:

If the applicant for marital status confirmation 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.

In case a Vietnamese citizen who has resided abroad for a period of time returns to permanently reside in Vietnam, or cases where the applicant has resided in many places, in which, has worked, studied or worked abroad for a definite time, he/she must submit a certificate of marital status issued by the Vietnamese diplomatic missions, or consular agents overseas in accordance with Article 10 of the Decree No. 123/2015/NĐ-CP of Vietnam’s Government.

Validity of marital status confirmation

According to Clause 1 Article 23 of the Decree No. 123/2015/NĐ-CP of Vietnam’s Government, a marital status confirmation shall remain valid in 06 months from the date of issue.

According to the above provision, it can be seen that the marital status confirmation is only valid when being used within 06 months from the date of issuance by the commune-level People's Committee. Citizens may not use this document other than the intended use specified in the marital status confirmation.

Moreover, according to Clause 2 Article 12 of the Circular No. 04/2020/TT-BTP guiding Decree No. 123/2015/NĐ-CP, the marital status confirmation shall remain valid until the time at which the marital status is changed or for 06 months starting from the date of issuance, whichever comes first.

Thus, in case a person is issued with a marital status confirmation, but then his/her marital status is changed within 06 months from the date of issuance of the confirmation, the issued marital status confirmation is invalidated from the date the person's marital status changes.

Example: Mr. A was issued with a marital status confirmation on February 03, 2020, but, on July 10, 2020, Mr. A registered his marriage with Ms. B, so Mr. A’s issued confirmation was only valid until July 10, 2020.

Procedures for issuing marital status confirmations

According to Article 22 of the Decree No. 123/2015/NĐ-CP of Vietnam’s Government, procedures for issuing marital status confirmations are prescribed as follows:

- Step 1: The applicant for marital status confirmation shall submit an application form using the form as prescribed in Circular No. 04/2020/TT-BTP.

DOWNLOAD: Application form for marital status confirmation

If the application for marital status confirmation is submitted for marriage purpose, the applicant shall satisfy all conditions for marriage as prescribed by law.

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 and then returned to Vietnam to permanently reside or apply for new marriage registration at the competent authority in Vietnam shall submit a respective copy of vital records.

- Step 2: 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 marital status confirmation is consistent with regulations of law, the civil status official shall request the President of People’s Committee to issue one marital status confirmation to the applicant. 

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

If a person applies for reissuance of a marital status confirmation for other purposes or due to expiration of the marital status confirmation, the marital status confirmation that was issued must be returned.

Charges for issuance of marital status confirmation

According to Point c Clause 2 Article 5 of the Circular No. 85/2019/TT-BTCof the Ministry of Finance of Vietnam, provincial-level People's Councils shall base themselves on local socio-economic conditions to stipulate fees and charges for civil status registration at People's Committees of communes, wards and townships within the territory of their province.

Thus, the charges for issuance of marital status confirmation is different in each locality. Applicants for marital status confirmations can refer to this charge at the one-stop-shop at the People's Committees of all levels where they register to carry out the procedure.

Moreover, this charge is exempted for people from families with revolutionary merits; people from poor households; people with disabilities.

Is it possible for authorizing to apply for issuance of marital status confirmation?

According to Clause 1 Article 2 of the Circular No. 04/2020/TT-BTP of the Ministry of Justice of Vietnam, there are 03 cases that authorization of civil registration is not permitted, including: marriage registration, marriage re-registration and recognition of parent-child relationship.

Thus, application for issuance of marital status confirmation is not one of the 03 above-mentioned cases, so that authorization is permitted.

Note: The authorization for application for issuance of marital status confirmation must be granted in writing and certified as per the law. Such certification is not required if the authorized person is a biological sibling, grandparent, parent, child or spouse of the authorizing person.

Bao Ngoc

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