Procedure to apply for a certificate of marital status in Vietnam. What is a divorce? What is the common cause of divorce in Vietnam? A certificate of marital status is used for the purpose of marriage registration; or for other purposes such as proving ownership when buying and selling property. Let us learn about this topic with LSX law firm as follow:
Authority to issue certificate of marital status in Vietnam
Pursuant to Article 21 of Decree 123/2015/ND-CP, Article 19 of Joint Circular 01/2016/TTLT-BNG-BTP; the authority to issue certificates of marital status is determined as follows:
– Firstly, for Vietnamese citizens residing in the country: Commune-level People’s Committees of the place of residence of the person requesting certification of marital status.
– Secondly, for Vietnamese citizens residing abroad who require certification of their marital status during their stay in the country: the People’s Committee of the commune where that person resides before leaving the country.
– Thirdly, for Vietnamese citizens residing abroad who require certification of their marital status during their stay abroad: Diplomatic missions; Consular representative office of Vietnam in the country where the person resides.
Procedure to apply for a certificate of marital status in Vietnam
According to Article 22 of Decree 123/2015/ND-CP; the procedures for granting a certificate of marital status are carried out as follows:
Step 1:
The applicant for the Certificate of marital status submits the Declaration (according to the prescribed form).
– In case the applicant for the Certificate of marital status is; married; but divorced or the other person has died, the extract must be presented:
+ The legally effective judgment/decision of the Court on the divorce.
+ Copy of death certificate of deceased spouse.
– In case the individual requests the re-issuance of the Certificate of marital status for other purposes; or because the validity of the Certificate of marital status has expired; the certificate of marital status must be; previously granted.
Step 2:
After receiving all valid papers, the President of the commune-level People’s Committee or a consular officer shall sign and issue the applicant a certificate of marital status (according to the prescribed form).
– Within 03 working days from the date of receiving complete and valid dossiers; judicial officers – civil status check and verify the marital status of the requester. If the applicant is eligible, the issuance of the Certificate of marital status is in accordance with the law; The civil status – judicial officer shall submit to the President of the People’s Committee one copy of the certificate of marital status to the requester.
– In case the applicant for certification of marital status has registered for permanent residence in many different places; he or she is responsible for proving his or her marital status. In case such person cannot prove it, the judicial – civil status officer shall report to the Chairman of the commune-level People’s Committee in writing to request the commune-level People’s Committee of the place where he/she has registered for permanent residence to conduct an examination; verifying the person’s marital status.
Within 03 working days from the date of receipt of the written request, the commune-level People’s Committee is; required to examine, verify and reply in writing to the commune-level People’s Committee’s request for marital status of the person during the period of permanent residence in the locality.
Procedures for Foreigners Divorce in Vietnam. Right on the day of receiving the written reply, if it finds sufficient grounds, the commune-level People’s Committee shall issue a certificate of marital status to the requester. The certificate of marital status is valid for 6 months from the date of issue.
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Related questions
Accordingly Clause 11, Article 3 of the Law on Marriage and Family 2014 defines: Fake marriage means taking advantage of marriage to exit, enter, reside, and naturalize Vietnamese or foreign nationality; enjoy the State’s preferential regime or to achieve other purposes but not for the purpose of building a family.
Accordingly the provisions of Circular 85/2019/TT-BTC; the fee for marriage registration will depend on each region.
Conclusion: So the above is Procedure to apply for a certificate of marital status in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
