Procedures for confirming marital status for overseas Vietnamese

Confirmation of marital status is extremely important. The certificate of marital status is the basis for carrying out other necessary procedures. Such as marriage, bank loan, inheritance division, etc. The procedure for confirming marital status in Vietnam is also quite complex. But it will be more difficult for Vietnamese living abroad. So what is the procedure to confirm marital status for overseas Vietnamese? Lawyer X received the following question:

“Hello lawyer, I am currently looking to get a wedding next year. I know that in order to get a wedding, I had to be certified as single. However, I am studying abroad in France. So can I ask how to carry out this procedure, in which agency? What documents do I have to prepare when going for the procedure? Please give me an answer for my lawyer. Thank you!

Lawyer X answers your questions as follows:

Legal grounds

Civil Status Law 2014

Decree 123/2015/ND-CP guiding the implementation of the Law on Civil Status 2014

Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice.

Consulting content

Verification of marital status is the confirmation of the status of an individual whether married or unmarried; divorced or not; Is the spouse dead? Therefore, depending on specific cases, require different types of documents.

Dossier to prepare

When going to the  procedure for confirmation of marital status, single status for overseas Vietnamese, the person carrying out the procedure must present the following documents:

• Declaration for applying of the certificate of marital status

• In case the petitioner married but divorced, he/she must submit a legally effective copy of the divorce papers. In case the spouse is dead, submit a copy of the Death Certificate; or documents proving the person’s death. If you divorced or have your marriage annulled at a competent foreign agency, you must submit a copy of the divorce note extract.

• In case of an application for a certificate of marital status for marriage registration at a competent foreign agency

• If before leaving Vietnam, a Vietnamese citizen has reached the marriageable age as prescribed by the Law on Marriage and Family of Vietnam, additionally submit a certificate of marital status issued by the People’s Committee of the commune where he/she permanently resides. before exit level.

• If you registered your marriage before leaving the country, and after you have gone abroad, you divorced; or the spouse has died, the provisions of Point b, Clause 2 of this Article shall apply.

• Certificate of marital status issued by the representative office in the consular area where the Vietnamese citizen previously resided; if you have lived in different places.

• In case it is not possible to obtain a confirmation of marital status in the previous places of residence, they must submit a written statement of their marital status during the period of residence in those places.

Order and procedures for implementation

Follow these steps in turn:

Step 1: Submit your application

The requester shall submit the dossier to the competent representative agency. Usually, it will be a representative office in the consular area where Vietnamese citizens reside.

Step 2: Receive and check documents

Consular officers are responsible for immediately checking all filings; comparing the information in the declaration and the validity of the documents in the dossier.

If the dossier is complete and valid, the consular officer receiving the dossier shall write a receipt; which clearly states the date and time return the results. If the application is incomplete, instruct the applicant to supplement the application as prescribed. In case it is not possible to supplement the filing immediately, it must provide written instructions; which clearly state the types of papers and contents to be supplemented and signed. The document clearly states the full name of the consular officer.

If the guided dossier is not fully supplemented, the consular officer will refuse to receive it; and make a written refusal to accept the application. The document clearly states the reason for the refusal, signing, and clearly states the full name of the consular officer.

Within 03 working days from the date of receipt of a complete and valid application, the consular officer shall be based on the civil status book and the filing kept at the representative mission, check the marital status of the requester.

Step 3: Get the result

If the conditions meet and the request for issuing of a certificate of marital status is by the law, the consular officer shall record information in the book of granting the certificate of marital status; issue 01 copy of the certificate of marital status to the requester.

In case an application for a Certificate of marital status which used for purposes other than marriage, the number of Certificates of marital status that issued at the request of the requester.

Notes when performing the procedure

Notes for profiles

When processing and presenting; When submitting documents, state agencies also have certain requirements and notes. As follows:

• In case the requester submits a document that is a copy which issued from the original book; or which authenticated from the original, the consular officer of the dossier needn’t require to present the original. If the requester submits only a photocopy; and produces the original, the consular officer of the dossier shall check and compare the photocopy with the original; and sign a copy certifying that the contents of that document. The applicant may not require to submit a certified copy of that document.

• Where the law requires the presentation of papers upon civil status registration, the consular officer is responsible for checking the presented papers; comparing them with information in the declaration, and returning them to the presenter. The civil status registrant may not require to submit additional copies of such documents. The consular officer takes 01 copy of the presented document to confirm that it which compared with the original.

• Consular officers are responsible for properly and fully receiving civil status registration dossiers according to regulations. Civil status registrants may not be required to submit additional documents that are not required to be submitted.

Note to the person doing the procedure

• In case of applying for a certificate of marital status to get married, the requester must fully satisfy the conditions for marriage as prescribed by the Law on Marriage and Family of Vietnam. Issuance of 01 copy of the certificate of marital status for marriage.

• In case of an application for the Certificate of marital status for other purposes, the number of Certificates of marital status shall be issued according to the request.

Related articles:

Fast, reputable, cheap single status confirmation service in Vietnam

Is it authorized to apply for a certificate of marital status in Vietnam?

Frequently asked questions

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