Do you need a certificate of marital status when getting married in Vietnam?
Do you need to apply for a certificate of marital status when you get a wedding? Many people need the answer to this question when they get weddings as well as performing other jobs. Currently, the law requires that the determination of marital status will need certain documents and procedures. Requires you to be aware of these requirements in order to perform jobs that require a certificate of marital status. Around this issue, Lawyer X received many questions. Specifically, your question Tran Van Q is as follows:
“Hello Lawyer X: I am 23 years old now, I am in need of marriage. However, I would like to ask my lawyer if it is necessary to have a certificate of marital status. If I want to apply for a certificate of marital status, where can I apply? What documents do I need to prepare? Hoping for an answer.”
Legal grounds
Decree 123/2015/ND-CP
Consulting content
What is a certificate of marital status?
Certificate of marital status is a personal document that commits to your marital status. Confirm you are single, divorced, married, etc., when you want to make a transaction. Or a certain procedure such as: Marriage registration, bank loan mortgage, etc.
In these cases, the personal relationship must be determined. When wanting to confirm the joint obligations between husband and wife in the transaction, etc., it is to facilitate the management of the competent state agency. It is very important to apply for a certificate of marital status.
The procedure for issuing a certificate of marital status is also very simple. At the same time, the Certificate of marital status is valid for 6 months from the date of issue. After that 6 months, if there is a need; Citizens have to re-implement the procedure to apply for a certificate of marital status.
Do you need a certificate of marital status when get a wedding?
Currently, when applying for marriage registration, you need a certificate of marital status.
When a man and a woman get a wedding and fully meet the conditions for marriage according to the Law on Marriage and Family 2014. A dossier must be submitted to the People’s Committee of the commune/ward for marriage registration. Including a certificate of marital status, the procedure includes:
1. Marriage registration declaration (according to the form).
2. Identity cards, household registration books of both men and women.
3. Certificate of marital status.
Authority to issue certificate of marital status
Pursuant to Article 21 of Decree 123/2015/ND-CP, Competent state agencies in certifying your marital status are as follows:
The People’s Committee of the commune, your place of permanent residence shall issue the Certificate of marital status for you.
In case you do not have a permanent place of residence but have a temporary residence registration. The People’s Committee of the commune where you register your temporary residence will issue a Certificate.
Foreign citizens and stateless people residing in Vietnam. If required, a certificate of marital status will also be issued.
Procedures for issuance of a certificate of marital status
Step 1
You submit the Declaration according to the prescribed form. Accordingly, you must meet the prescribed marriage conditions.
If you confirm your marital status, you already have a spouse. But divorced or dead wife (husband) must present; or submit valid documents to prove it.
If you are divorced, annul your marriage abroad, then return to your home country for permanent residence; or carry out procedures for new marriage registration at a competent Vietnamese agency. Then you submit a copy of the corresponding civil status extract.
Step 2
Within 3 working days. From the date of receiving complete and valid dossiers, the judicial officer – civil status check and verify your marital status. If you are eligible, the issuance of a certificate of marital status is in accordance with the law. The judicial officer – civil status submits to the President of the People’s Committee to sign and issue 01 copy of the certificate of marital status for you.
Contents of Certificate of marital status accurately record your marital status. And clearly state the purpose of using the Certificate of marital status.
Note: In case you have registered for permanent residence in many different places. You are responsible for proving your marital status.
In case you cannot prove it, the Chairman of the Commune People’s Committee shall request in writing the Commune-level People’s Committee where you have registered your permanent residence to conduct an examination and verification of your marital status.
Within 03 working days from the date of receiving the written request. Commune-level People’s committees are required to conduct inspection and verification. And reply in writing to the commune-level People’s Committee requests about your marital status during your permanent residence in the locality.
On the same day of receiving a written reply. The commune-level People’s Committee issues a certificate of marital status to you.
The use-value of Certificate of marital status
The certificate of marital status is valid for 6 months from the date of issue.
Certificate of marital status can use to get a wedding at a competent authority of Vietnam. And get weddings at a foreign competent authority in a foreign country or use it for other purposes.
The certificate of marital status is not valid when used for purposes other than those stated in the Certificate.
Please see more articles:
What to do if you lose your single certificate in Vietnam?
Cheap package marriage confirmation service in Vietnam
Frequently asked questions
Confirmation of relationship status is understood as accurate confirmation once again of this person’s marital status to prove that the provided documents are true. In addition, when a person is divorced or single and needs to buy a house, car, or get a loan, he or she must verify his single status so that he can stand independently and be responsible for the commitment obligation.
For example: If you take a bank loan when you are married, this loan is a common obligation of both, both of you must be responsible for repaying it, so if you need the consent of the parties, you can borrow it. When you’re single, you get to decide everything, but you have to prove your relationship status is single.
In case you request to re-issue the Certificate of marital status for other purposes or because the Certificate of marital status has expired, you must return the previously issued Certificate of marital status.
You need to prepare documents:
1. Declaration of marriage status certification (According to the form issued together with Circular 15/2015/TT-BTP dated November 16, 2015)
2. Copy of ID card
3. Copy of household registration book (depending on some workplaces)
In addition, depending on the purpose of the issuance of the Marriage Certificate, you need to prepare the following additional documents:
1. If you are divorced, you must attach the legally effective judgment or decision of the Court on the divorce
2. If the spouse is dead, attach a copy of that person’s death certificate
3. Certificate of marital status previously issued if expired or want to apply for other purposes (if any)
Contact LSX Lawfirm
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