When preparing to get married, couples will have to confirm their marital status. However, couples often do not notice how long the certificate valid for use. So, how does the law regulates about it, and how to carry out the procedures to apply for a marital status certificate? In this article, LSX legal firm gives you: “Validity of Certificate of marital status in Vietnam”
Legal ground
- Decree 123/2015/ND-CP
The certificate of marital status
Marital status certificate, an administrative document issued by the People’s Committee of the commune/ward/township where you reside.
This type of document is used in marriage proceedings to prove that you are single (unmarried, divorced, or with a deceased spouse). The law regulates marriage certificates for the purpose of ensuring a monogamous marriage.
Besides, the certificate of marital status is also used in the transfer of land use rights, you have to prove that the land belongs to your separate property if you do not want it to be included in the joint property when the couple gets married.
Procedures for issuing certificates of marital status
According to Article 22 of Decree 123/2015/ND-CP, the issuance of a certificate of marital status follows the following procedure:
- Prepare the application
- Submit the application to the competent authority
- The authority receives, processes, and issues the certificate.
Within 3 working days from the date of receiving the satisfactory application, the civil status official shall verify the applicant’s marital status.
Then, the civil status official shall request that the President of the People’s Committee grant a certificate of marital status to the applicant if the applicant meets all conditions.
In case it is necessary to prove the marital status or to have a re-examination, within 03 working days from the date of receipt of the written request, the commune-level People’s Committee is requested to verify and send a written reply to the People’s Committee of the commune. Commune-level People’s Committees on the marital status of the involved parties during their residence in the commune.
If a person applies for re-issuance of a certificate of marital status for other purposes or due to expiration of the certificate of marital status as prescribed in Article 23 of this Decree, the certificate of marital status that was issued must be returned.
Validity of Certificate of marital status
Article 23 of Decree 123/2015/ND-CP stipulates the use value of the certificate of marital status as follows:
Article 23. Validity of certificate of marital status
A certificate of marital status shall remain valid for 6 months from the date of issue.
The certificate of marital status shall be used for the purpose of marriage at a competent authority in Vietnam, or at a competent authority overseas, or for other purposes.
The certificate of marital status shall be invalid if being used for a purpose other than those specified in the certificate.
Can you get a marital status certificate for the 2nd time?
Circular 04/2020/TT-BTP clearly states that the applicant for re-issuance of this document has the right to make a commitment to re-issue the certificate of marital status when the previous version cannot returned.
Specifically, Clause 1, Article 12 of Circular 04/2020 stipulates:
Persons who request the re-issuance of the certificate of marital status for marriage but fail to return the previously issued certificate of marital status must clearly state the reason that he/she can not return the certificate.
In case the verification cannot be verified or the verification results are not received; then the civil status registration agency shall allow the requester to make a written commitment about the marital status as prescribed.
Therefore, if you lost the certificate of marital status, you can apply for re-issuance of this certificate on the condition that you clearly state the reason you can not return it and can guarantee your marital status.
The power to issue certificates of marital status
The People’s Committee of commune where a Vietnamese citizen permanently resides shall issue him/her with a certificate of marital status.
If the Vietnamese citizen has no permanent residence but has a temporary residence registered as prescribed in law on residence, the People’s Committee of commune where he/she has registered temporary residence shall issue him/her with a certificate of marital status.
This apply in case of issuance of certificate of marital status to a foreigner or a stateless person residing in Vietnam upon his/her request.
Confirm your marital status online
Currently, to make it more convenient to carry out administrative procedures, many provinces and cities have implemented online registration including the procedure for applying for a certificate of marital status. However, the online implementation has only been conducted in a few big cities and provinces such as Hanoi, Hai Phong, Da Nang, and Ho Chi Minh City.
Firstly, take a photo of all documents confirming marital status, including ID card, household registration book, divorce decision, death certificate… (depending on each case, each specific document required).
Secondly, login page: Dichvucong.hanoi.gov.vn.
Thirdly, click on register online.
Fourthly, choose to apply at the ward afterward, and scroll down.
Then, select “Civil status”.
Select the procedure: “Confirm marital status” (Then click done).
Select the People’s Committee of the district in which you have a household registration – Continue to select the ward in which you have a household registration.
Next, declare the required items in the software.
Attach photo files taken on the device.
Continue >>> enter profile code >>> Continue
Lastly, click Finish.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
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With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Validity of Certificate of marital status in Vietnam”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Related questions
Not only in the matter of marriage registration, but the certificate is also a mandatory document when carrying out many different procedures, including:
Bank loan.
Registration, transfer of names to buy and sell vehicles, real estate.
Guarantee or consular procedures for foreign immigration.
And other cases…
The People’s Committee of the commune where the citizen permanently resides carries out the certification of marital status in the country. If the person does not have a place of permanent residence but has registered for temporary residence, the People’s Committee of the commune where he/she temporarily resides shall issue this Certificate.
This regulation also applies to granting Certificates to foreign citizens and stateless people residing in Vietnam upon request (Article 21 of Decree 123/2015/ND-CP of the Government).
In the “Dear” section, write the name of the competent People’s Committee of commune;
In the “Residence” section, write the address of the place of permanent residence; If there is no permanent place of residence, write the place of temporary residence; if both are absent, write the place of residence;
if the person requesting the grant is also the grantee, write “Myself” in the section “Relation with the person issued with the certificate of marital status”;
In the section “Identity papers”, write the name of the paper type, number, issuing agency and time of issuance;
In the “Marital status” section, specify the marital history; not yet registered for marriage or married but divorced or deceased;
Lastly, in the section “Purpose of using the Certificate of marital status”, specify the use of the Certificate to buy land.
Conclusion: So the above is Validity of Certificate of marital status in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
