Marriage comes from the wishes of both men and women; based on love; understanding; and having met the conditions for marriage under the law on marriage and family. However not all marriages are made for the purpose of building a happy family; that aspires to another personal benefit; and this is against the law. So, how to deal with fake marriage to get foreign nationality? LSX Lawfirm will clarify this issue through the article below.
Legal grounds
Law on marriage and family 2014
Decree 112/2020/ND-CP
Decree 82/2020/ND-CP
What is the purpose of marriage?
Clause 1, Article 3 of the Law on Marriage and Family 2014; “Marriage is the relationship between husband and wife after marriage”. So married life of husband and wife starts from the time when two people marry accordingly the provisions of law.
Marriage is built on the voluntariness of a man and a woman; when they met the conditions for marriage; marital life maintained on mutual respect; together build a peaceful family life; fullness; happy.
Therefore the ultimate goal of a true marriage is to build a prosperous, happy, equal, progressive and sustainable family. Everyone in the family loves, supports and helps each other; together to build and develop the economy and raise children.
How to understand fake marriage?
Marriage is a matter in which a man and woman establish a husband and wife relationship accordingly the 2014 Law on Marriage and Family; when they have met the conditions for marriage registration .
Accordingly the provisions of Clause 11 Article 3 of the Law on Marriage and Family 2014:
Fake marriage means taking advantage of marriage to exit, enter, reside, naturalize Vietnamese or foreign nationality; to enjoy the State’s preferential regime or to achieve other purposes that are not for the purpose of building a family.
So; the fake marriage is conducted like a normal marriage; meeting the requirements of the marriage in accordance with the law and in accordance with the procedures. However the purpose of marriage is not to build a family life; give birth to children and raise children; but for other purposes such as entry; foreign nationality; …
How to deal with fake marriage to get foreign nationality?
It is illegal to get married by fake marriage; to obtain foreign nationality; the marriage and legal proceedings are only formalities on paper, but the two are not living together; or quickly divorce after achieving the goal. Therefore; is an illegal act; it will be handled according to the provisions of law; As follows:
Administrative sanctions
Depending on the level of violation, the handl will be different; Accordingly, acts of taking advantage of marriage to obtain foreign nationality will be administratively handled accordingly Point d, Clause 2, Article 59 of Decree 82/2020/ND-CP:
Besides, imposing a fine ranging from VND 10 million to VND 20 million for taking advantage of marriage to exit, enter, reside, naturalize in Vietnam, acquire foreign nationality; enjoy State preferential regimes or to achieve other purposes that are not intended to raise a family.
So with the act of fake marriage to obtain foreign nationality, the violator may be administratively sanctioned with a maximum fine of up to 20 million VND.
Disciplined
Anyone who violates the law will be dealt with according to the law. Therefore; which officers, civil servants and public employees are no exception. Whereby; based on Decree 112/2020/ND-CP; civil servants and officials who commit acts of violating the law on marriage and family, specifically the act of fake marriage, shall discipline; As follows:
- Depending on the extent, civil servants will be reprimanded, warned; salary downgraded or demoted
- For officials, depending on the different levels, they are reprimanded, warned; dismissed or forced to quit. chức
So depending on each specific case, there will be appropriate disciplinary action from the lightest level of reprimand to the heaviest level of dismissal.
In case the person committing the violation is a Party member he/she will be expelled from the Party according to the provisions of Point a; Clause 3, Article 24 of Regulation 102-QD/TW 2017.
Contact LSX Law firm
Finally, hope this article How to deal with fake marriage to get foreign nationality is useful for you, If you have any questions please contact Lawyer X for quick and best legal services: +84846175333 or email: [email protected].
Related questions
Accordingly, foreigners are persons bearing the nationalities of other countries; who are studying, working, living in the Vietnamese territory.
Accordingly the provisions of Circular 85/2019/TT-BTC; the fee for marriage registration will depend on each region.
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