Regarding this issue, Clause 1, Article 24 of Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government (still in effect) stipulates as follows: Birth, marriage, and death registrations that have been registered with a competent authority of Vietnam before January 1, 2016 but the Family Register and the original family register documents are lost must be re-registered.
Thus, in case of wanting to reissue a Marriage Certificate, both of the following mandatory conditions must be met:
- The couple registered their marriage at a competent authority in Vietnam before January 1, 2016;
- The marriage registration book at the civil registration office and the marriage certificate of the person requesting the re-issuance of the marriage certificate are both 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 permanently resides, shall re-register the birth or marriage.
Thus, in case you registered your marriage before January 1, 2016 and lost the original Marriage Certificate, but the Marriage Registration Book at the People's Committee of the commune, ward or town where you registered your marriage is still kept, the People's Committee will refuse to reissue the Marriage Certificate and carry out the procedure to issue a Marriage Extract from the original Book when you request - which is in accordance with regulations.
A marriage certificate can be used to replace a lost marriage certificate. A marriage certificate can be used when carrying out procedures for birth registration for children, inheritance, purchase, sale, transfer of houses, land that are the common property of husband and wife. In case of divorce, if the original marriage certificate is lost, the court can accept the marriage certificate as a document, evidence when resolving the divorce case, the divorce by mutual consent.
In case of loss of Marriage Certificate and Marriage Registration Book of the People's Committee of the commune, ward or town which is no longer kept, the procedure for re-registration of marriage shall be carried out according to the provisions of Article 27 of Decree No. 123/2015/ND-CP. Re-registration of marriage shall only be carried out if the person requesting the registration is still alive at the time of receiving the application.
Minh Hoa (t/h)
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