“Hello, Lawyer, I plan to buy land. I heard that if I want to buy land, I need to apply for a single certificate. I don’t know why this regulation exists? Currently, there are cases where I need to apply for a certificate of independence. What is the maximum validity period of the certificate? Which agency is granted the certificate according to current law? What is the procedure for applying for the certification? I hope you can advise and help me. I would like to sincerely thank you.“. Thanks for your question. To answer the above question, today, LSX Lawfirm will give you an article about “How is the certificate of singleness currently regulated under Vietnamese law?”, as follows:
Civil Status Law 2014
What is a single certificate?
A single certificate a document issued by the commune-level People’s Committee to the requester to determine the single status / confirm the marital status of an individual to serve different purposes.
Accordingly, to the provisions of the Civil Status Law and the Decrees and Circulars guiding the Civil Status Law, the certificate is valid for 6 months from the date of issue. Besides, within 06 months if the single status has changed, the certificate issued previously will no longer be valid.
Only issued once for one purpose, if applying for re-issue of paper for the same purpose, the previously issued paper must be presented, if not, the reason must be clearly stated.
What is required for a single certificate?
Documents to be presented
1. Papers proving the identity of the person requesting a certificate of marital status: Passport, people’s identity card, citizen identification card, or other papers with photos and personal information attached by the agency. issued by the competent authority, still valid for use.
2. Papers proving the place of residence of the applicant for the Certificate of marital status to determine the competence: Household registration book or temporary residence book (Temporary residence book only used in case the applicant for the Certificate of Marriage Certificate gets marital status without permanent residence)
In case the application is sent via the postal system, it must enclose certified copies of the documents presented above.
Documents to be submitted
1. Declaration for issuance of a certificate of marital status according to the form
2. Divorce notes extract: Vietnamese citizens who have divorced or canceled their marriage abroad must submit a copy of the Divorce Note Extract (if any).
3. Divorce judgment: In case the applicant for the Certificate of marital status married but divorced (if any).
4. Spouse’s death certificate: In case the applicant for a Certificate of marital status has a spouse but the spouse has died (if any).
5. Certificate of marital status previously issued (if any). In case of requesting for re-issuance of the Certificate of marital status for the purpose of getting married to someone other than the person stated in the use purpose section of the previously issued Certificate of marital status or issued by the Certificate of marital status. If the marriage status has expired as prescribed, it must return the previously issued Certificate of marital status.
6. Certificate of marital status for citizens who have registered their permanent residence in many different places: In case the person requesting certification of marital status has registered for permanent residence in many different places, that person is responsible for proving his or her marital status.
How is the certificate of singleness currently regulated?
Accordingly, to the provisions of the Civil Status Law and the Decrees and Circulars guiding the Civil Status Law, the single certificate is valid for 6 months from the date of issue. Besides, within 6 months if the single status has changed, the previously issued certificate will no longer be valid.
Where can I get a certificate of singleness?
Pursuant to Decree 123/2015/ND-CP guiding the civil status law, the following agencies allowed to issue certificates of singleness:
– People’s Committee in commune/ward/township; the place of permanent residence of the Vietnamese citizen to issue the certificate
In case a Vietnamese citizen does not have a permanent place of residence; but has registered temporary residence in accordance with the law on a residence, the People’s Committee of the commune/ward/township; the place where he/she registers his/her temporary residence and issues the certificate.
– The People’s Committee of the commune/ward/township is also competent to issue certificates to foreign citizens and stateless people residing in Vietnam if required.
Procedure to apply for the latest single certificate 2022
The procedure to apply for a single certificate will carry out according to the following steps:
Step 1: Prepare documents to apply for a certificate of singleness
The application for certification includes the following documents:
- Firstly, the Form of declaration for issuance of a certificate of marital status;
- Secondly, Attached identification documents of the person issued with the certificate
- Thirdly, Divorced persons or deceased spouses must have valid documents to prove such as judgments; effective decisions of the Court, death notice…
- Finally, Those who have divorced or annulled their marriage abroad need a copy of the corresponding civil status extract.
A declaration for issuance of a certificate of marital status includes the following basic contents:
- Name of agency where the declaration received;
- Full name, ethnicity, nationality, and permanent address of the applicant;
- Full name, ethnicity, nationality, and permanent address of the certificate holder;
- Relationship between the requester and the licensee;
- The identity papers of the person issued with the certificate attached;
- The marital status of the licensee;
- Purpose of using Certificate of marital status
Step 2: Submit an application for a certificate of singleness to a competent state agency
According to Article 21 of Decree No. 123/2015, the agency receiving the application for a certificate of single status is:
The People’s Committee of the commune where the citizen has permanent residence. For citizens who do not have a permanent place of residence but have a temporary place of residence in accordance with the law on a residence, the commune-level People’s Committee of the place of temporary residence will have the authority to issue a certificate of singleness
Step 3: Competent state agencies handle and issue certificates of singleness to citizens
Within 03 days from the day on which the complete application received, the competent authority shall check and verify the single status of the requester and issue a certification to that person.
Within 03 days after receiving the written reply and verification, the commune-level People’s Committee shall issue the certification to the requester, if it is necessary to prove the marital status or re-examine.
The procedure for applying for a certificate of singleness is a fee-based procedure, the granting fee will determine by the provincial level of that locality based on the local situation and conditions. However, the subjects were members of families with meritorious services to the revolution; people from poor households; People with disabilities will exempt and reduced from the fee for issuance of certificates as prescribed by law.
In addition, the current civil status law allows authorities to apply for a certificate, so citizens can authorize another person to carry out the application procedure.
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Advantages of LSX Lawfirm’s single confirmation service
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- Customers do not have time, and want to find a representative lawyer to carry out the procedure;
- And Customers with complex residency, have moved to many localities;
- The customer has an error in the name in the household registration, and identity cards cause difficulties in certification;
- Customers whose personal information mistaken in the court’s divorce judgment or decision then;
- Customers lost documents, lost judgments, divorce decisions of the court …
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For citizens who do not have a permanent place of residence but have a temporary place of residence in accordance with the law on a residence, the commune-level People’s Committee of the place of temporary residence will have the authority to issue a certificate of singleness.
The shelf life is generally 6 months.
If the certificate of marital status is lost, you will apply for a re-issue because of the loss and will have a written commitment to prove that the person requesting the re-issuance of the certificate of marital status lost the old certificate of marital status. has been lost to the Commune People’s Committee to request a re-issue of the certificate of marital status.
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question: “How is the certificate of singleness currently regulated under Vietnamese law? “. If you need more information, please contact LSX Law firm: at +84846175333 or Email: email@example.com.