In the present era, when you prepare a set of legal documents to carry out a plan such as asking for a loan or a visa to travel overseas… You must present your marital status certificate. Simply put, a document verifying one’s marital status in accordance with national legislation. To obtain this certificate, you have to carry out certain procedures. However, can you apply for a second one if you lost the certificate? In this article, LSX legal firm will answer the question: “Can you get a marital status certificate for the 2nd time in Vietnam?”
Legal grounds
- Circular 01/2008/TT-BTP
- Decree 123/2015/ND-CP
What can you use a marital status certificate for?
A certificate of marital status or commonly known as a certificate of singleness, used to determine a person’s marital status: in a marriage, has not yet registered to marry anyone, previously registered marriage but divorced, and not currently married to anyone…
The confirmation of marital status has an important meaning in determining the rights, obligations, and property regime in common and separately with a person’s spouse. Thereby, creating favorable conditions for civil transactions.
At the same time, Article 22 of Decree 123/2015/ND-CP of the Government stipulates that the application for a certificate of marital status also for the purpose of getting married. According to Article 2 of the Law on Marriage and Family, the basic principles of the marriage regime in Vietnam: “Voluntary, progressive and monogamous marriage”
Therefore, applying for a certificate of marital status plays an extremely important role when performing civil transactions such as borrowing capital, buying and selling … and when you want to register your marriage.
Can you get a marital status certificate for the 2nd time?
Point g, Section II.1 Circular 01/2008/TT-BTP Circular of the Ministry of Justice provides:
“g/ When the persons concerned request re-certification of marital status in the marriage registration forms as the previous certification has expired, they must return the old marriage registration forms; in cases, they declare the loss of marriage registration forms, there must be written commitment on non-registration of marriage; the commitment shall be kept in the marital status certification dossiers. The marital status re-certification must be recorded in the marital status certification books. The “notes” column of the marital status certification books (including first-time certification and re-certification) shall be clearly inscribed with “Already re-certified the marital status on the day… month… year…. reasons for re-certification…”
This guidance also applies to the handling of requests for re-issue of marital status certification papers to be used for the marriage purpose.”
So, you can apply for a re-issuance of the certificate of marital status.
The power to issue certificates of marital status
The People’s Committee of the 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 the commune where he/she has registered temporary residence shall issue him/her with a certificate of marital status.
This also applies in the case of issuance of a certificate of marital status to a foreigner or a stateless person residing in Vietnam upon his/her request.
Procedures for issuance of certificate of marital status
Step 1: Prepare dossiers and submit an application for the certificate of marital status
- An applicant for certificate of marital status shall submit an application form using the form as prescribed. If the application for a certificate of marital status submitted for marriage purpose, the applicant shall satisfy all conditions for marriage as prescribed in the Law on marriage and family.
- In case 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, he/she must submit a respective copy of vital records.
Step 2: Process the application
Within 3 working days from the date on which the satisfactory application received, the civil status official shall verify the applicant’s marital status. If the applicant meets all conditions and the issuance of the certificate of marital status is consistent with regulations of law, the civil status official shall request the President of the People’s Committee to issue one certificate of marital status to the applicant. Contents of the certificate of marital status shall be consistent with the applicant’s current marital status and the 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 the People’s Committee of the commune; the President shall then request the 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 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.
Step 3: Receive results
- 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.
- The authorities must revoke the issued certificate of marital status if a person applies for re-issuance 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-DP.
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- Legal advice related to new regulations;
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Contact LSX
Finally, hope this article is useful for you to answer the question about “Can you get a marital status certificate for the 2nd time in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Related questions
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Adoption procedures according to Article 17 of the Law on Adoption 2010;
Some other cases as prescribed by law.
Article 23 of decree 123/2015/ND-CP
1. A certificate of marital status shall remain valid in 6 months from the date of issue.
2. 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.
3. The certificate of marital status shall be invalid if being used for a purpose other than those specified in the certificate.
In the “Dear” section, write the name of the competent People’s Committee of commune;
In the “Residence” section, write the address of the place of permanent residence; If having no permanent place of residence, write the place of temporary residence; write the place of residence if you do not have both;
If the person requesting the grant is also the grantee, write “Myself” in the section “Relation with the person issued with the certificate of marital status”;
In the section “Identity papers”, write the name of the paper type, number, issuing agency and time of issuance;
In the “Marital status” section, specify the marital history; not yet registered for marriage or married but divorced or deceased;
Specify the use of the Certificate to buy house in the section “Purpose of using the Certificate of marital status”.
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