Accordingly the provisions of the Law on Marriage and Family 2014, the application file for marriage registration between a Vietnamese and a foreigner needs a certificate of marital status of both parties. In this article, LSX will guide you through procedures for granting single status certificate in Vietnam to register marriage with foreigners.
Law on marriage and family 2014
Decree 123/2015/ND-CP detailing a number of articles and measures to implement the Law on Civil Status
What is marital status certificate?
Papers proving the marital status of a foreigner are papers issued by a foreign competent authority; and are valid for use certifying that the person currently has no wife or husband.
In case the foreign country does not issue a certificate of marital status; foreign competent authority certifying will replace it with a document; that the person is eligible for marriage under the laws of that country.
If the document proving the marital status of the foreigner does not have an expiry date; this document and the certification of the medical organization are only valid for 6 months from the date of issue.
In case a foreigner does not have a passport to present according to regulations; including the following papers: present the original of one of the papers which is a passport, people’s identity card, citizen identification card or other valid papers.
If you have a photo and personal information issued by a competent authority. Besides, If it is valid to prove your identity you can present an international travel document or a residence card.
Competence to issue certificates of marital status
Referring to the provisions in Article 21 of Decree 123/2015/ND-CP; detailing a number of articles and measures to implement the Law on Civil Status :
- Commune-level People’s Committees of Vietnamese citizens’ permanent residence 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.
- 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.
Procedures for granting marital status certificate
Firstly, the applicant for certification of marital status shall submit a declaration; according to the prescribed form. If the request for certification of marital status is for the purpose of marriage; the requester must fully satisfy the marriage conditions as prescribed by the Law on Marriage and Family.
In case the applicant for certification of marital status is married; but divorced or the spouse has died; he or she must present or submit valid papers to prove it.
Secondly, Within 03 working days from the date of receipt of complete and valid dossiers; the judicial – civil status officer will check and verify the marital status of the requester.
Finally, If the requester fully meets the conditions the issuance of a certificate of marital status is in accordance with the provisions of law.
The judicial and civil status officer shall submit a copy of the certificate of marital status to the President of the People’s Committee for signature and issue for the requester.
Within 03 working days from the date of receipt of complete and valid dossiers; the judicial; civil status officer shall check; and verify the marital status of the requester
The examination and verification result shows that the marital status of the Vietnamese citizen is inconsistent with the declaration in the dossier; the partners are ineligible to get married under the Law on Marriage and Family of Vietnam.
Documents proving marital status of a foreigner is granted by the competent authorities abroad is still valid using current confirmed he has no wife; or husband.
In case the foreign country does not issue a certificate of marital status; it shall be replaced with a document issued by a foreign competent authority certifying; that the person is eligible for marriage according to the law of that country.