Giấy xác định tình trạng hôn nhân là gì? Điều kiện, thủ tục xin xác nhận tình trạng hôn nhân?

What is a certificate of marital status? How to write the content of the certificate of marital status? How to issue a certificate of marital status? Procedure for re-issuance of certificate of marital status? Authority to issue certificates of marital status? What is the use value of Certificate of marital status?

Please tell me the content of the certificate of actual marital status, because I and my husband have not yet registered their marriage. What content must be written to confirm marital status?

1. What is a certificate of marital status?

Certificate of marital status is a document determining the status of an individual whether married or unmarried or divorced, spouse has died, is one of the important documents in many legal procedures. cannot be without (such as marriage registration, land purchase and sale, going to work abroad…), is a document issued by the People’s Committee of the commune, ward or township where the applicant permanently resides. Although Knowing the important role of the certificate of marital status, but not everyone knows the conditions and procedures for granting it.

2. How to write the content of the certificate of marital status:

Pursuant to Article 25 of Circular 15/2015/TT-BTP stipulating how to write a certificate of marital status as follows:

Article 25. How to write a certificate of marital status, book of issuance of a certificate of marital status

The “Residence” section is written according to the current residential address of the person issued with the Certificate of marital status.

The section “During the period of residence at:.. from date…month…year…to date…month…year…” is only recorded in case the requester applies for a certificate of marital status during the normal registration period. former residence.

The section “Marriage status” must accurately state the current marital status of that person, specifically as follows:

– If you have never been married, write “Not registered to marry anyone”.

– If you are married, write “Currently married to Mrs./Mr… (Marriage certificate number…, issued by… date… month……)”.

– If marriage is registered, but divorced and not newly married, write “There is marriage registration, but divorced according to the divorce judgment/Decision No… date… month… … of the Court of people…; Currently not registered with anyone.”

– If there is a marriage registration, but the spouse is dead and not married, write “There is marriage registration, but the spouse is dead (Death certificate/Excerpt from death/Judgment No.:…do) … grant date… month… year…); Currently not registered with anyone.”

– If the case is living together as husband and wife before January 3, 1987 and still living together without marriage registration, write “Currently having a spouse who is Mrs/Mr…”.

In case a representative mission issues a certificate of marital status to a Vietnamese citizen during his/her stay abroad, the “Residence” section shall be written according to the applicant’s current residential address; the item “During the period of residence at: … from… The marital status of such person shall be determined according to the civil status register, electronic civil status database managed by the representative agency and recorded similarly as prescribed in Clause 3 of this Article.

For example: “Mr. Nguyen Van A,

Place of residence: Berlin, Germany.

While residing in: New York, USA, from October 20, 2010 to July 27, 2012.

Marital status: No marriage registration with anyone at the Vietnamese Embassy in the United States.

The section “This certificate is issued to:” must indicate the correct use of the Certificate of marital status, cannot be left blank.

For example: Doing procedures for buying and selling a house; supplementing job application dossiers; carry out inheritance procedures; supplementing documents for traveling abroad; to be married…

In case the certificate of marital status is used to carry out marriage registration procedures, it must clearly state the full name, year of birth, identification papers of the intended person, and the intended place of marriage.

For example: – This certificate is issued to carry out marriage procedures with Ms. Nguyen Thi T, born in 1992, ID number 031331332, at the People’s Committee of Lap Le commune, Thuy Nguyen district, Hai Phong city.

– This certificate is issued to carry out marriage procedures with Mr. Nguyen Viet K, born in 1962, Passport number: B123456, at the People’s Committee of Hoai Duc district, Hanoi city.

– This certificate is issued to carry out marriage procedures with Mr. SON CHA DUEK, born in 1965, Passport number: M234123, in Korea.

Thus, if you and the person you want to register your marriage with are not married to anyone, in the “Marriage status” section, it will be recorded as “Not yet registered to marry anyone”.

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3. Procedures for issuance of certificates of marital status:

The applicant for certification of marital status shall submit a declaration according to the prescribed form. In case the request for certification of marital status is for the purpose of getting married, the requester must fully satisfy the marriage conditions as prescribed by the Law on Marriage and Family. In case the applicant for certification of marital status is married but divorced or the spouse has died, he/she must present or submit valid papers to prove it; if falling into the case specified in Clause 2, Article 37 of Decree 123/2015/ND-CP, the corresponding civil status extract copy shall be submitted.

Within 3 working days from the date of receipt of complete and valid dossiers, the judicial – civil status officer shall check and verify the marital status of the requester. If the applicant fully meets the conditions and the issuance of a certificate of marital status is in accordance with the provisions of law, the judicial and civil status officer shall submit a copy of the certificate of marital status to the President of the People’s Committee for signature and issue. for the requester. The content of the certificate of marital status must correctly state the marital status of the requester and the purpose of using the certificate of marital status.

In case the applicant for confirmation of marital status has registered for permanent residence in many different places, he or she is responsible for proving his or her marital status.

In case such person cannot prove it, the civil status – judicial officer shall report to the President of the commune-level People’s Committee in writing to request the commune-level People’s Committee of the place where he/she has registered for permanent residence to conduct an examination. , verifying the person’s marital status.

Within 03 working days from the date of receipt of the written request, the commune-level People’s Committee is required to examine, verify and reply in writing to the commune-level People’s Committee’s request for marital status of the person during the period of permanent residence in the locality. Right on the day of receiving the written reply, if it finds enough grounds, the commune-level People’s Committee shall issue a certificate of marital status to the requester.

In case an individual requests for re-issuance of the Certificate of marital status for other purposes or because the Certificate of marital status has expired as prescribed in Article 23 of Decree 123/2015/ ND-CP, the certificate of marital status issued before must be returned.

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4. Procedures for re-issuance of certificate of marital status:

According to regulations, a certificate of marital status is used in the following two cases according to Article 23 of Decree 123/2015/ND-CP detailing a number of articles and measures to implement the civil status law regulating civil status law. get married at a competent agency of Vietnam or a foreign country in a foreign country. Because the marriage and family law stipulates, the conditions for getting married are that the subject must be old enough and still single.
Use for other purposes such as: Apply for study abroad documents, buy and sell real estate. These purposes are used for the purpose of confirming the responsibility of those who have a conjugal relationship with the subject of the procedure.
The certificate of marital status is only valid for 6 months from the date of issue. The application for a certificate must be written according to the requested purpose of the subject of certification such as: to get married, to study abroad, to buy and sell real estate.

Thus, each certificate can only be used for one purpose. There will be two cases with this case. One is, the subject applies for additional certification for other purposes. At this time, the subject needs to return the certificate of marital status previously issued. Secondly, in case if 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 the certificate. certify that the old marital status has been lost to the commune-level People’s Committee to request the re-issuance of the certificate of marital status.

The person who requests the re-issuance of the certificate of marital status must contact the commune-level People’s Committee to present the reason and request the re-issuance according to the procedures for granting the certificate of marital status as prescribed by law. the law.

5. Competence to issue certificates of marital status:

– The certification of marital status in the country is carried out by the People’s Committee of the commune where the citizen permanently resides. 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.

– At the same time, this regulation also applies to granting Certificates to foreign citizens and stateless people residing in Vietnam if required (Article 21 of Decree 123/2015/ND-CP of the Government). ).

– In addition, when a Vietnamese citizen residing abroad has a request for certification of marital status with foreign elements, according to the provisions of Article 19 of Joint Circular 01/2016/TTLT-BNG-BTP, Competent agencies include:

– Confirmation of time in the country: People’s Committee of the commune where the person resides before leaving the country;

– Confirmation of time abroad: Diplomatic missions, consular missions of Vietnam in the country where the person resides

According to Article 12 of Circular 04/2020/TT-BTP detailing the implementation of a number of articles of the civil status law on the issuance of certificates of marital status are prescribed as follows:

The issuance of a certificate of marital status shall comply with the provisions of Articles 21, 22 and 23 of Decree No. 123/2015/ND-CP and the following instructions:

– In case the applicant for re-issuance of the Certificate of marital status for marriage fails to return the previously issued Certificate of marital status, the requester must clearly state the reason for not being able to return it. Certificate of marital status. Within 03 working days from the date of receiving the dossier, the civil status registration agency shall have a written exchange with the previous marriage registration place for verification. In case the verification cannot be done or the verification results are not received, the civil status registration agency shall allow the requester to make a written commitment about the marital status as prescribed in Articles 4 and 5 of this Circular.

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The certificate of marital status is valid until the time of change of marital status or 06 months from the date of issue, whichever comes first.

For example: A certificate of marital status was issued on February 3, 2020, but on February 10, 2020, the person who was granted a Certificate of marital status registered to get married, the Certificate of marital status only Valid until 10/02/2020.

– In case of request for a certificate of marital status to be used for marriage purposes, the civil status registration agency shall only issue one (01) copy to the requester. The certificate of marital status must clearly state the full name, year of birth, nationality, identity papers of the person intending to get married, and the place where the marriage is intended to be registered.

For example: This certificate is issued to carry out marriage procedures with Mr. Nguyen Viet K, born in 1962, Vietnamese citizen, Passport number: B123456 issued by the Embassy of Vietnam in Germany on February 1, 2020; at the People’s Committee of Hoai Duc district, Hanoi city.

This certificate is issued to complete the marriage registration procedure with Mr. KIM JONG DOEK, born in 1970, Korean nationality, Passport number HQ12345 issued by the Korean competent authority on 02/02/2020; at the competent authority of Korea, in Korea.

– In case of request for issuance of Certificate of marital status to be used for other purposes other than for marriage registration, the requester is not required to satisfy the marriage conditions; The certificate of marital status must clearly state the purpose of use and is not valid for marriage registration. Number of Certificates of marital status issued upon request.

For example: This paper is issued for house purchase and sale procedures, not valid for marriage registration.

– In case of request for issuance of certificate of marital status for marriage to a person of the same sex or to a foreigner at a foreign representative office in Vietnam, the civil status registration agency shall refuse to handle it.

6. Use value of Certificate of marital status:

According to the provisions of law 123/2015/ND-CP detailing a number of articles of the civil status law, the certificate of marital status is valid for 6 months from the date of issuance. The certificate of marital status is used to get married at a Vietnamese competent authority, get married at a foreign competent authority abroad or for other purposes, such as applying for a certificate of marriage. receive marital status to perform transactions of buying and selling houses, land, and some related common properties during the marriage process. In case the certificate of marital status is not valid when used for purposes other than those stated in the Certificate.

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