Mr. Nguyễn Văn Quang currently resides temporarily in Ho Chi Minh City. Due to work commitments away from home, he cannot return to his local area to request a single status certificate, so he asked his father to bring his household registration book to handle the procedure, but this was not accepted.
Through the system for responding to citizens’ feedback and petitions, Mr. Quang inquired whether the local authorities’ handling of this matter is correct?
Regarding this matter, the Ministry of Justice responded as follows:
According to the provisions of Article 2 of Circular No. 15/2015/TT-BTP dated 16/11/2015 of the Ministry of Justice detailing some articles of the Civil Status Law and Decree No. 123/2015/NĐ-CP dated 15/11/2015 of the Government, individuals requesting certified copies of civil status extracts, registering civil status acts authorized for others to perform, except for marriage registration, re-registration of marriage, or acknowledgment of fatherhood, motherhood, or children.
The authorization must be in writing, notarized, and legalized according to legal regulations; the scope of authorization can include all tasks related to the registration process from submitting the dossier to receiving the registered documents. If the authorized person is the father, mother, children, spouse, or siblings of the authorizer, the authorization document does not need to be notarized or legalized but must have evidence of the relationship with the authorizer.
Therefore, if Mr. Nguyễn Văn Quang cannot go to the Commune People’s Committee where he resides to request the Marriage Status Certificate and authorizes his father to perform the procedures, there must be an authorization letter, which, while not requiring notarization or legalization, must include evidence of the relationship as specified above.
If the applicant re-requests the marriage status certificate without returning the previously issued certificate, they must clarify the reasons for not returning it.
Mr. Lê Văn Tâm (Tây Ninh) and his wife married in 2017. Recently, his wife went to the ward People’s Committee to request a Marriage Status Certificate to register her marriage with Mr. Tâm, but it was not issued because, in 2009, she had previously obtained this document to register a marriage with a foreigner but did not go through with the marriage.
Mr. Tâm asked what his wife needs to do to be granted a Marriage Status Certificate?
Regarding this, the Tây Ninh Department of Justice replied as follows:
According to the provisions of Clause 1, Article 12 of Circular No. 04/2020/TT-BTP dated 28/5/2020 of the Ministry of Justice detailing the implementation of some articles of the Civil Status Law and Decree No. 123/2015/NĐ-CP dated 15/11/2015 of the Government specifies:
“Article 12. Issuance of Marriage Status Certificate
The issuance of the Marriage Status Certificate is carried out according to the regulations in Article 21, Article 22, Article 23 of Decree No. 123/2015/NĐ-CP and the following guidance:
1. In case the applicant for a re-issuance of the Marriage Status Certificate cannot return the previously issued certificate, they must specify the reason. Within 03 working days from receiving the dossier, the registration authority must communicate with the intended marriage registration location for verification. If verification cannot be performed or results are not received, the registration authority may allow the applicant to make a declaration regarding their marital status as per the regulations in Articles 4 and 5 of this Circular.”
Based on the above regulations, because Mrs. Lê Văn Tâm previously requested a Marriage Status Certificate to marry a foreigner, but if she has not completed the marriage registration, and now requests a certificate for marriage with Mr. Tâm, she must return the previously issued certificate.
If she cannot return the certificate, she must explain the reason, after which the local People’s Committee of her residence will verify. If verification shows she has not registered the marriage with the foreigner according to the previous certificate (or if verification cannot be performed or results are not received, she must declare that she has not registered the marriage with anyone), the People’s Committee may issue a new Marriage Status Certificate based on the verification.
If she has not gone abroad but the previously issued certificate was used to register a marriage with a foreigner abroad, she is required to undergo a divorce procedure with the foreigner at the competent foreign authority and update the divorce at the Vietnamese authority. After obtaining the Divorce Registration extract, she can then be issued a Marriage Status Certificate for marriage with Mr. Tâm.
Source: chinhphu.vn
