Is it authorized to apply for a certificate of marital status in Vietnam?
First, the certification of marital status can apply in many cases such as civil transactions; marriage registration; Despite knowing the importance of a certificate of marital status; not everyone has knowledge about the procedure to apply for this certificate. Especially in case, it is not possible to go to the competent agency to apply for a paper by yourself; is it authorized to apply for a certificate of marital status? To clarify the questions surrounding this issue, let’s find out with Lawyer X through the article below.
Legal grounds
Civil Code 2015
Decree 123/2015/ND-CP
Circular 04/2020/TT-BTP
Consulting content
Is it possible to authorize an application for a certificate of marital status?
According to Article 2 of Circular 04/2020/TT-BTP stipulating the authorization of 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 to be authorized for another person to perform;
- Except for the case of marriage registration; re-register the marriage; registration of recognition of father, mother and child cannot authorize for another person to do so; 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 be set up 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 authorizer, the power of attorney needn’t to authenticate.
Thus, the application for a certificate of marital status can do through authorization; in the absence of conditions from execution. However, if it is done through authorization, a written authorization must be made and authenticated; not have to authenticate the power of attorney in case that person is a grandparent; parents; siblings; couple.
Application for authorization to issue a certificate of marital status
- So, declaration for issuance of the certificate of marital status according to the form;
- If the applicant for the Certificate of marital status already has a wife; husband but divorced; dead spouse must present (original); submit copies of valid papers for proof;
- Vietnamese citizens divorced, cancel the marriage in a foreign country, must submit a copy of the Divorce Note Extract.
- In case the individual requests the re-issuance of the Certificate of marital status to use for other purposes; because the certificate of marital status out of date as prescribed, then return the previously issued Certificate of marital status;
- Power of attorney in accordance with the law;
- Identity papers with photos and personal information issued by competent authorities; still valid for use to prove the identity of the person requesting the certificate of marital status;
- Documents proving the place of residence of the applicant for the Certificate of marital status to determine the jurisdiction.
Procedure for making authorization to apply for a certificate of marital status
Step 1. Prepare documents according to regulations
Step 2. The person requesting the issuance of the Certificate of marital status shall submit a dossier at the competent commune-level People’s Committee.
Step 3. Receipt of application and settlement
So, the recipient is responsible for immediately checking the entire dossier; comparing information in the declaration; the validity of documents in the application submitted and presented by the requester
Processing time is 03 working days; most importantly, in case of verification, the time limit for settlement shall not exceed 23 days.
Please read more
How long is a certificate of marital status valid?
Procedures for applying for a certificate of marital status
Frequently asked questions
So, According to the provisions of Article 23 of Decree 123/2015/ND-CP and Clause 2, Article 12 Circular 04/2020/TT-BTP, a certificate of marital status is valid for 6 months from the date of issue, depending on the period which point comes first.
– Firstly, the subject applies for additional certification for other purposes. At this time, the subject needs to return the previously issued certificate of marital status.
– Second, in case the certificate of marital status is lost, the citizen will apply for a re-issuance due to the loss and will have a written commitment to prove that the person who requested the re-issuance of the certificate of marital status lost it. The certificate of old marital status has been lost to the commune-level People’s Committee to request a re-issue of the certificate of marital status.
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