If my husband has passed away and I want to remarry, do I need to go through the divorce process?

Based on Clause 2, Article 4 of Decree 123/2015/ND-CP regulating the content of death certificate registration, specifically as follows:

When registering a death in accordance with the Law on Civil Status, the death certificate must include the following information: Surname, middle name, given name, and year of birth of the deceased; the personal identification number of the deceased, if any; place of death; cause of death; time, day, month, and year of death according to the Gregorian calendar; and nationality if the deceased was a foreigner.

The details of the death registration are determined according to the Death Certificate or other documents issued by the following competent authorities:

a) For deaths occurring at medical facilities, the head of the medical facility issues the death certificate;

b) For those who die as a result of execution, the Chairman of the Death Penalty Execution Council shall issue a certificate confirming the execution of the death penalty instead of a death certificate.

c) For a person declared dead by a court, the effective judgment or decision of the court shall replace the death certificate;

d) For deaths occurring on transportation, due to accidents, murder, sudden death, or death under suspicious circumstances, a confirmation document from the police or the results of a forensic examination by the Forensic Examination Agency shall replace the Death Certificate;

d) For deaths not falling under any of the cases specified in Points a, b, c, and d of this Clause, the People's Committee of the commune where the person died is responsible for issuing the Death Certificate.

Furthermore, Article 65 of the 2014 Law on Marriage and Family stipulates the termination of marriage as follows: Marriage terminates from the time of death of either spouse; in cases where the court declares either spouse deceased, the termination of the marriage is determined according to the date of death recorded in the court's judgment or decision.

Therefore, from the moment the death certificate is issued, the marriage has ended. The wife can remarry without going through divorce proceedings.

Minh Hoa (compiled)

Source: https://www.nguoiduatin.vn/chong-mat-muon-tai-hon-co-can-lam-thu-tuc-ly-hon-a612614.html