Hello LSX. My wife and I just got married, the time of marriage registration was 2 months ago. Now, when my husband and I carry out the procedures for buying and selling land, there is a request to provide a marriage registration certificate, my wife and I have checked the paper and found that we have wrong information. I was born in 1996, but in my marriage registration certificate, I was born in 1995, I have a question that it is possible to correct the information on the marriage registration certificate. So about the matter “Correct wrong information in marriage certificate in Vietnam” Let’s find out with LSX in the article below.
- Law on Marriage and Family 2014
- Civil Status Law 2014
What is a marriage certificate?
According to the provisions of Clause 7, Article 4 of the Law on Civil Status 2014, a marriage registration certificate, also known as a marriage certificate, is defined as follows:
Marriage certificate means a document issued by a competent state agency to both male and female parties upon marriage registration; The content of the marriage certificate includes the basic information specified in Clause 2, Article 17 of this Law
Accordingly, a marriage certificate must contain the following information:
– Surname, middle name and first name; date of birth; ethnic; nationality; residence; information on identification papers of both male and female parties;
– Date, month and year of marriage registration;
– Signatures or fingerprints of both male and female parties and certification of the civil status registration agency.
Correct wrong information in marriage certificate in Vietnam
The correction or change of the marriage registration certificate is explained in Clause 12, Article 4 of the Law on Civil Status 2014 as follows:
Civil status correction is the act of a competent state agency to amend civil status information of an individual in case of errors in civil status registration.
Accordingly, Clause 2, Article 7 of Decree No. 123/2015/ND-CP stipulates that the conditions for editing personal information in the original marriage registration certificate are when there are sufficient grounds to determine that there is an error due to the fault of the spouse. civil status officers or persons requesting civil status registration.
At the same time, Clauses 1 and 2 of Article 17 of Circular 04/2020 also affirm:
1. The civil status correction shall only be settled after it is determined that there are errors in civil status registration; not correct the contents of the validly issued civil status papers in order to legitimize information on other personal records and papers.
2. Errors in civil status registration are errors of civil status registrants or errors of civil status registration agencies.
Thus, according to current regulations, the information on the marriage registration paper can only be corrected if it is determined that there are errors of the marriage registrant or the marriage registration agency without being corrected to make it legal. information on other records and papers.
Where to go to edit the marriage certificate?
According to the provisions of Article 7 of the Law on Civil Status, in order to correct or amend incorrect information in the marriage registration certificate, the requester must go to:
– People’s Committees of communes: To register civil status changes and corrections for persons under 14 years old;
– District People’s Committees: Register civil status changes and corrections for Vietnamese citizens aged full 14 years or older residing in the country.
At the same time, according to Clause 3, Article 46 of the Law on Civil Status, the People’s Committee of the district where the civil status has been registered before or the place of residence of an individual is competent to handle civil status changes and corrections for Vietnamese citizens from full 14 years or older in the country.
Thus, from this basis, when wanting to correct a marriage certificate, the requester needs to be:
– The People’s Committee of the district where the civil status has been registered before;
– The People’s Committee of the district where this person resides.
Current procedure for correcting a marriage registration certificate when information is incorrect
Pursuant to Article 28 of the 2014 Civil Status Law, the procedures for civil status correction registration are as follows:
– The requester for registration of civil status change or correction shall submit a declaration according to the prescribed form and relevant papers to the civil status registration agency.
– Within 03 working days from the date of receipt of complete documents as prescribed in Clause 1 of this Article, if it is found that the civil status change or correction is grounded and in accordance with the provisions of civil law and relevant laws, civil status judicial officers shall record in the civil status book, together with the requester for registration of civil status change or correction, sign in the civil status book and report to the President of the commune-level People’s Committee for issuance of an extract. records for the requester.
In case of civil status change or correction related to the birth certificate or marriage certificate, the civil status judicial officer shall record the civil status change or correction in the birth certificate or marriage certificate.
In case verification is required, the time limit may be extended for no more than 03 working days.
– In case civil status change or correction is registered other than at the previous civil status registration place, the commune-level People’s Committee must notify in writing, enclosed with a copy of civil status extract, to the People’s Committee of the place where civil status is registered previous civil status registration for recording in the civil status book.
In case the place of civil status registration was previously a representative agency, the commune-level People’s Committee must notify in writing, enclosed with a copy of civil status extracts, to the Ministry of Foreign Affairs for transfer to the representative agency for recording in the household registration book.
Authorization to edit information of marriage registration certificate
Pursuant to Clause 1, Article 2 of Circular 04/2020/TT-BTP guiding the civil status law and Decree 123/2015/ND-CP guiding the civil status law providing for civil status registration authorization:
The person who requests for issuance of copies of civil status extracts, for issuance of certificates of marital status, and for registration of civil status affairs as prescribed in Article 3 of the Law on civil status (hereinafter referred to as civil status registration requests) may authorize another person to act on behalf of; except for the case of marriage registration, re-registration of marriage, registration of recognition of parents and children, it is not allowed to authorize another person to do it, but one party may directly submit a dossier at the household registration agency authorized president, without a written authorization of the other party.
The authorization must be made in writing and authenticated according to the provisions of law. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of the principal, the power of attorney is not required to be authenticated.
Thus, according to the above provisions, it is possible to authorize another person to correct the information on the marriage certificate. However, the authorization needs to be established in writing and authenticated in accordance with the law.
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Frequently asked questions
According to regulations, in order to re-issue a marriage registration certificate, two conditions must be satisfied for marriage re-registration specified in Article 24 of Decree 123/2015/ND-CP:
– Have registered your marriage at a competent Vietnamese agency before January 1, 2016
– Both the marriage registration book at the civil status registration office and the marriage registration certificate of the requester for re-issuance of the marriage registration certificate are lost.
Article 11 of the Law on Civil Status stipulates that fees are exempted only for civil status registration cases for members of families with meritorious services to the revolution, poor households, people with disabilities, timely birth and death registration, and marriage. of Vietnamese citizens in the country.
In other cases, fees must be paid at the rate of the Ministry of Finance. According to Circular No. 85/2019/TT-BTC, the fee for correcting a marriage registration certificate shall be prescribed by the provincial People’s Council. Based on the actual conditions of the locality to determine the appropriate fee rate.
Pursuant to Clause 2, Article 28 of the Law on Civil Status, the time limit for processing the correction of information in the marriage registration certificate is as follows:
03 working days from the date of receipt of the complete dossier, if the correction is found to be reasonable and appropriate, the judicial and civil status officer shall record it in the civil status book and sign it together with the civil status correction registration requester. in the civil status book. At the same time, write the content of civil status change or correction in the marriage certificate.
If the marriage certificate correction registration is not carried out at the previous place of registration, the previous registration agency must be notified in writing together with a copy of the civil status extract for recording in the civil status book.
06 working days if additional information must be verified.