Under the regulations of Vietnam law, Single Certificate (also known as Certificate of Singleness) is a document to determine the single status of an individual to carry out procedures such as marriage registration, land purchase and sale, etc. So about the matter “Apply for certificate of singleness for foreigners in Vietnam” Let’s find out with LSX in the article below. Hope you will like it!
Legal grounds
- Decree 126/2014/ND-CP
- Decree 123/2015/ND-CP
- Civil Status Law 2014
What is the single certificate used for?
Vietnam’s Law on Marriage and Family does not allow married or married people to live together as husband and wife with other people. Therefore, when a man and a woman register their marriage, the first condition that must be met is that they are single.
From this provision of the law on marriage and family that the Civil Status Law 2014 is taking effect, it is required that in the application for marriage registration with a foreigner at the competent authority of Vietnam, there must be a document certified by the competent authority of the country of which the foreigner has nationality certifies that the foreigner is single.
However, each country has its own regulations on single documents issued to their citizens.
Single certificate (Certificate of marital status) is a necessary document when doing administrative procedures. In Article 22 of Decree 123/2015/ND-CP, it is clear that the certificate of singleness is used in case of wanting to register for marriage and for other purposes, specifically:
– Procedures for marriage registration:
According to Point d, Clause 1, Article 8 of the Law on Marriage and Family, marriage that is not in one of the prohibited cases is an important condition when a man or a woman gets married. In which, the case of a person who is married to another person is a prohibited act by law.
At the same time, according to Clause 2, Article 2 of Decree 123/2015, the original certificate of marital status is a mandatory document to be submitted when registering a marriage.
From the above provisions, it can be seen that the Certificate of Single Status is an important document that must be present when completing the marriage registration procedure. The competent authority will rely on this document to determine whether the parties are eligible for marriage.
Note: A certificate of marital status to be used for marriage purposes, the civil status registration agency will only issue one copy to the requester, which must clearly state full name, year of birth, nationality and papers. Personal identity of the person intending to get married, the place where the marriage is planned to be registered (Clause 3, Article 12 of Circular 04/2020).
– Used to buy, sell and transfer land:
According to Clause 1, Article 33 of the Law on Marriage and Family, land use rights acquired by husband and wife after marriage are common property of husband and wife, except for certain cases as prescribed by law. Therefore, when buying and selling land, it is necessary to have the signatures of both husband and wife.
On the other hand, the Land Law 2013 does not require the names of both husband and wife in the Land Use Right Certificate, so to determine whether this is a common or separate property to carry out procedures related to land purchase and sale, The competent authority will ask for both a certificate of marital status…
– Used for bank loans:
In addition to being used for marriage registration, the Single Certificate is also used to supplement bank loan documents. In particular, it must clearly state the purpose of using it to get a loan, not to use it for marriage registration.
For example: In case of loan, write “… used for loan procedures, not valid for marriage registration”.
Apply for certificate of singleness for foreigners in Vietnam
Accordingly, Point b, Clause 1, Article 20 of Decree 126/2014/ND-CP dated December 31, 2014 stipulates one of the documents required when making a marriage registration application: “Certificate of marital status or marriage registration declaration with certification of the marital status of Vietnamese citizens, issued within 06 months, up to the date of receipt of the application; papers proving the marital status of the foreigner, issued by the competent authority of the country of which he is a citizen, less than 06 months from the date of receipt of the application, certifying that he is currently unmarried. or unmarried. In case foreign law does not provide for the issuance of papers certifying marital status, it shall be replaced with a sworn statement of the person who is currently unmarried or unmarried, in accordance with the laws of that country.
The competent authority to issue a certificate of the person’s relationship status is the embassy or representative agency where they are a citizen. For some countries, they do not issue a certificate of relationship status but require an affidavit (e.g. US). This affidavit may be issued at the competent authority in each country or consulate.
According to Clause 2, Article 21 of Decree No. 123/2015/ND-CP dated November 15, 2015 Issuing certificates of marital status to foreign citizens and stateless people residing in Vietnam:
“1. The People’s Committees of communes, places of permanent residence of Vietnamese citizens shall issue certificates of marital status.
In case a Vietnamese citizen does not have a permanent place of residence, but has registered his/her temporary residence in accordance with the law on residence, the People’s Committee of the commune where he/she has registered his/her temporary residence shall issue a certificate of marital status. .
2. The provisions of Clause 1 of this Article shall also be applied to grant certificates of marital status to foreign citizens and stateless persons residing in Vietnam, upon request.”
Latest Single Certificate form and how to fill it
Sample certificate of singleness issued in Circular 04/2020/TT-BTP:
(1) Enter the name of the agency issuing the Certificate of Marriage Status (insert all administrative levels).
(2) Enter the name of the agency issuing the Certificate of Marriage Status. (Example: People’s Committee of Mai Dong ward).
(3) Specify the full name, middle name and first name of the commune-level judicial – civil status officer or the consular officer assigned to advise on the settlement.
(4) Specify the family name, middle name and first name of the person who is issued with the Certificate of marital status.
How long is the certificate of singleness valid?
In Clause 2, Article 12 of Circular 04/2020 on issuance of certificates of marital status, it is clearly stated that:
2. The certificate of marital status is valid until the time of change of marital status or 06 months from the date of issue, whichever comes first.
Accordingly, this Paper will be valid to use:
– By the time of change of marital status; or
– 06 months from the date of issue.
For example: A certificate of marital status was issued on February 3, 2022, but on February 10, 2022, the person granted a certificate of marital status has registered to get married, the certificate of marital status only Valid until February 10, 2022.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Apply for certificate of singleness for foreigners in Vietnam”
Contact LSX
The above article has provided detailed information related to the issue “Apply for certificate of singleness for foreigners in Vietnam”. At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]
Please see more
- Judicial record for marriage to a foreigner in Vietnam
- Fee for making citizen identity card for overseas Vietnamese
- Proving separate property before marriage under Vietnam law
Frequently asked questions
Step 01: Take the entire document confirming the marital status (taken from the original or a certified copy from the original). Depending on the specific case will need the corresponding documents.
Step 02: Go to Dichvucong.hanoi.gov.vn/Dichvucong.danang.gov.vn… and log in to your account.
Step 03: Select “online registration” and “Submit application at ward/commune/township”
Step 04: Select the items “District, district, town”; “Fields”; “Wards, communes, towns”; “Level”
Step 05: Fill in all information on the Declaration of Marriage Certificate.
Items marked with * are mandatory fields that must be filled in with required information. At the same time, attach pictures of the papers and documents taken at the end of the declaration.
Step 06: Check the information to make sure the information you just entered is correct.
Then select the item “I take responsibility before the law for the above statement”. If you want to print the declaration, select “Print form”; otherwise, select “Continue” to enter the confirmation code.
The single document of a foreigner is one of the indispensable documents in the marriage registration dossier.
Pursuant to Article 22 of Decree 123/2015, the requester must prepare the following documents to carry out the procedures for issuance of a single certificate:
Form declaration.
If the spouse is married but divorced or his/her spouse has died, he/she must present or submit valid documents to prove it, such as divorce judgment or decision, death certificate.
A copy of the divorce note if a Vietnamese citizen has divorced, canceled his marriage abroad, then returned to his home country to reside permanently or carry out procedures for new marriage registration at a competent Vietnamese agency. record in the civil status book the divorce or marriage annulment that has been settled abroad.
Return the previously issued certificate of marital status if applying for re-issue of this certificate for other purposes or because it has expired.
In case of failure to resubmit, the requester must clearly state the reason, the civil status registration agency will communicate in writing with the previous place of marriage registration for verification.
If results are not received or verification is not possible, the requester can make a written statement of marital status.
According to Article 21 of Decree 123/2015, a person has a request to the following State agencies to apply for a Certificate of Singleness:
Commune-level People’s Committees where Vietnamese citizens permanently reside or of foreign citizens and stateless people residing in Vietnam, if so requested.
The People’s Committee of the commune where the citizen registers his/her temporary residence if the Vietnamese citizen does not have a permanent place of residence, but has registered his/her temporary residence.
In addition, the requester can also apply for a Certificate of Singleness through the Public Service of the locality where he/she permanently resides. For example, permanent residents in Hanoi can do procedures to confirm marital status on Dichvucong.hanoi.gov.vn.
Conclusion: So the above is Apply for certificate of singleness for foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
