Do you need marital status certificate to make red book in Vietnam?

Recently, LSX legal firm has received a question from our customer:
“I have a large amount of money and have bought a piece of land. I need to apply for a red book, but people told me that I need a certificate of marital status to carry out this procedure. Do I really have to certify my marital status for a red book?”
In this article, we will help you to answer the question: “Do you need marital status certificate to make red book in Vietnam?”

Legal grounds

• Decree 123/2015/ND-CP
• Law on Land 2013
• Law on Marriage and Family 2014

The certificate of marital status

As mentioned, Certificate of marital status means a type of document issued by the People’s Committee of the commune where the citizen permanently resides. Obviously, it plays an extremely important role, such as to confirm single or married status for various purposes as required by the applicant.
Certificate of marital status is not only used for marriage but also used for many different purposes. However, for each different purpose, the competent authority will have different ways of recording and requesting.
In case the applicant for a certificate of marital status gets married, in this case, the civil status officer will only issue one copy to the requester.
In addition, the content of the certification must clearly state the full name, date of birth, nationality, identification papers of the person intending to get married, and the place where the marriage is registered.
Particularly for the case that has been granted a certificate and then wants to re-issue it but cannot re-submit it. At that time, the requester must present the reason for not being able to return the Certificate of marital status.

Dossiers needed for transfer of land use right certificate (red book)

When carrying out procedures for transferring land use rights, one of the mandatory procedures is to notarize the transfer contract. Therefore, the transferer and transferee need to prepare a set of dossiers required for notarization as follows:

Transferer:

• Certificate of land use rights, ownership of houses, and other assets attached to land (Red Book).
• Identity documents: Identity card or passport with the expiry date remaining.
• Household registration book.
• Documents proving the marriage relationship.
• Sale authorization contract (if any).

Transferee:

• Notarization request form.
• Identity documents: Identity card or passport with expiry date remaining.
• Household registration book.
• Documents proving the marriage relationship:

1. Certificate of marital status (certificate of singleness) if unmarried or divorced.
2. Marriage certificate if married.

In addition to the above documents, the parties can prepare a transfer contract in advance.

In conclusion, a certificate of marital status (certificate of singleness) in case he is not married is required to complete the notarized dossiers of the land use right transfer contract.

After notarizing the contract, you need to prepare documents to transfer the name of the Red Book.

Do you need marital status certificate to transfer red book?

For cases where an individual did not enter into marriage or has divorced under a court judgment; a certificate of marital status is required as a basis for granting a land use right certificate.
The Law on Land 2013 requires the marital status certificate for transferring the name on the land use right certificate. Therefore, if you want to carry out the procedures for transferring the name on the Certificate of land use rights, ownership of houses, and other properties attached to the land from the transferer to you, you must have this paper in your transfer contract. Currently, the law does not give an exact definition of a certificate of marital status, but in the most general sense, you can understand it as a basis to prove that at the time of certification, that individual has eligibility for marriage according to the provisions of the Law on Marriage and Family 2014.

Procedures for issuing certificates of marital status

• An applicant for a certificate of marital status shall submit an application. If the application for a certificate of marital status submitted for the marriage purpose, the applicant shall satisfy all conditions for marriage as prescribed in the Law.
• If the applicant for a certificate of marital status entered into marriage before but 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 this Decree, a respective copy of vital records required.
• Within 3 working days from the date of reception of satisfactory application, 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 complies with 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.
• If the applicant 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 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 of reception of written request, the requested People’s Committee shall verify and respond in writing to the requesting People’s Committee 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.

Legal service of LSX Legal Firm

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

• Legal advice related to new regulations;
• Representing in drafting and editing documents;
• We commit the papers to be valid, and legal for use in all cases;
• Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.

After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.

Contact LSX

Finally, hope this article is useful for you to answer the question about “Do you need marital status certificate to make red book in Vietnam?”. If you need any further information, please contact  LSX Law firm: +84846175333 or Email: [email protected]

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