As we all know certificate of marital status has an important role in the implementation of marriage; or enter into civil transactions. In the case of a living person, the procedure for certifying marital status has been specified by law. So can the deceased confirm the marital status? Join us to find out through the article below.
Civil Status Law 2014
What is a certificate of marital status?
According to the current Law on Civil Status; certificate of marital status is a legal document issued by a civil status authority to confirm a person’s marital status at the time of request who is not married; Married; divorced. The certificate of marital status is valid for 6 months from the date of issue.
Certificate of marital status used for marriage at a competent Vietnamese agency; get married at a foreign competent authority; used for other purposes to protect rights; legitimate interests of citizens and related people when carrying out loan procedures; used to prove ownership when buying and selling property; when entering into a certain transaction where one party; State agencies require the presentation of a certificate of marital status. According to the provisions of the Law on Civil Status 2014; The certificate of marital status is not valid when used for a purpose other than that stated in the certificate of marital status.
Can the deceased apply for a certificate of marital status?
Currently, the 2014 Civil Status Law and related guiding documents do not provide for the issuance of certificates of marital status to the deceased. This has partly caused difficulties in the performance of contracts; actual civil transactions when it is necessary to confirm the status of a deceased person.
According to Article 2 of Circular 04/2020/TT-BTP stipulating on “authorization” for civil status registration as follows:
- The person requesting the grant of a copy of the civil status extract; issue Certificate of marital status; to request the registration of civil status affairs according to the provisions of Article 3 of the Law on civil status can authorize for another person to perform;
- Except for the case of marriage registration; re-register the marriage; registration for recognition of parents, children cannot authorize for other people to do; but one party may directly submit the application at the competent civil status registration office; without written authorization of the other party.
- The authorization must make in writing; certified in accordance with the law. In case the authorized person is Mr or Mrs; parents; children, wife, husband; siblings; of the authorizer, the power of attorney needn’t authenticate.
Thus, it is clear that the deceased person cannot directly and cannot authorize another person to request the issuance of a certificate of marital status. Therefore, when there is a request to issue a certificate of marital status to the deceased, the People’s Committee of the commune where the deceased used to permanently reside; will refuse to issue a certificate of marital status in this case.
Procedures for granting a certificate of marital status to the deceased
The Law on Civil Status 2014 has no provisions on the procedure for issuing a sample of a certificate of marital status for a deceased person; Therefore, in principle, the commune-level People’s Committee will not issue a marriage certificate upon request.
But in fact, there are many transactions that need this document to ensure the interests of the people involved.
Due to the fact that the law has not yet provided for the procedure for the deceased person to apply for certification of marital status. Therefore, when performing transactions at a competent agency requesting a certificate of marital status for a deceased person, it can determine in the following ways:
- Write a written confirmation and send it to the Commune People’s Committee; Ward; the town where the deceased person permanently resided while still alive to apply for certification of the contents as required by the notary public;
- Request the notary organization to send the verification letter to the People’s Committee of the commune/ward/township where the deceased person used to reside while still alive to verify the aforesaid contents.
Please read more
Authorized to apply for a certificate of marital status?
Do you need a certificate of marital status when getting married?
Frequently asked questions
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.
In this case, the requester must satisfy the following conditions:
– Male from full 20 years old, female from full 18 years old;
– The marriage is voluntarily decided by the man and the woman;
– No loss of civil act capacity;
The marriage does not fall into one of the cases where marriage is prohibited under the law on marriage and family.
The certificate of marital status is valid for 6 months from the date of issue.
Certificate of marital status is used to get married at a competent authority of Vietnam. And get married at a foreign competent authority abroad; used for other purposes. The certificate of marital status is not valid when used for purposes other than those stated in the Certificate.
Contact LSX Law Firm
Finally, hope this article is useful for you to answer the question: “In Vietnam, can the deceased have their marital status confirmed?“. If you need any further information, please contact LSX Law firm: +84846175333 or Email: firstname.lastname@example.org