If I lose my marriage certificate, can I apply for a replacement?

Regarding this matter, Clause 1, Article 24 of Government Decree No. 123/2015/ND-CP dated November 15, 2015 (still in effect) stipulates as follows: Births, marriages, and deaths that were registered at competent authorities in Vietnam before January 1, 2016, but where both the civil registry book and the original civil registration documents have been lost, may be re-registered.

Therefore, to have a marriage certificate reissued, both of the following mandatory conditions must be met:

- The couple registered their marriage at a competent authority in Vietnam before January 1, 2016;

- Both the marriage registration book at the civil registry office and the marriage certificate of the person requesting a replacement marriage certificate have been lost.

Regarding the authority to reissue marriage registration certificates: According to Clause 1, Article 25 of Decree No. 123/2015/ND-CP, the People's Committee of the commune where the birth or marriage was previously registered, or the People's Committee of the commune where the applicant resides, shall carry out the re-registration of birth or marriage.

Therefore, in the case of a marriage registered before January 1, 2016, where the original marriage certificate is lost, but the marriage register at the People's Committee of the commune, ward, or town where the marriage was registered is still on file, the People's Committee will refuse to reissue the marriage certificate and will issue a marriage extract from the original register upon request - this is in accordance with regulations.

A marriage certificate extract can be used to replace a lost marriage registration certificate. It can be used when registering a child's birth, receiving inheritance, buying, selling, or transferring houses and land that are joint marital property. In cases of divorce where the original marriage registration certificate is lost, the court may accept the marriage certificate extract as evidence when resolving the divorce case or in cases of amicable divorce.

In cases where the marriage certificate is lost and the marriage registration book of the commune, ward, or town People's Committee is no longer kept, the procedure for re-registering the marriage shall be carried out in accordance with Article 27 of Decree No. 123/2015/ND-CP. Re-registration of marriage shall only be carried out if the person requesting registration is still alive at the time the application is received.

Minh Hoa (compiled)

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