When a man and woman register a husband and wife relationship according to the provisions, the law will recognize their marriage. Before going into marriage, men and women must think carefully to avoid the case that after marriage registration happens; they want to cancel the marriage because they may have to bear the consequences. However, in certain cases, the situation of canceling a marriage happens due to various reasons. So, in this article LSX legal firm will provide an answer for: Can I annul a newly registered marriage in Vietnam?”
Legal ground
- Law on Marriage and Family 2014
Conditions for marriage and marriage registration
Article 8 of the Law on Marriage and Family 2014 stipulates the conditions for marriage as follows:
“Article 8. Conditions for getting married
1. A man and a woman wishing to marry each other must satisfy the following conditions:
a /The man is full 20 years or older, the woman is full 18 years or older;
b/ The marriage voluntarily decided by the man and woman;
c/ The man and woman do not lose the civil act capacity;
d/ The marriage does not fall into one of the cases prescribed at Points a, b, c, and d, Clause 2, Article 5 of this Law.
2. The State shall not recognize marriage between persons of the same sex.”
Besides, the Law on Marriage and Family 2014 also stipulates the marriage registration of men and women as follows:
- A marriage shall be registered with a competent state agency in accordance with this Law and the law on civil status; a marriage which is not registered under this Clause is legally invalid.
- A divorced couple who wish to re-establish their husband and wife relationship shall register their re-marriage.
Who has the right to request an annulment of an illegal marriage?
Article 10 of the Law on Marriage and Family 2014 stipulates the cases in which a marriage is required to be annulled as follows:
Article 10. Persons having the right to request annulment of illegal marriage
A person who is forced or deceived into a marriage has, as prescribed by the civil procedure law, the right to request by himself/herself, or propose a person or an organization prescribed in Clause 2 of this Article to request, a court to annul his/her illegal marriage due to violation of Point b, Clause 1, Article 8 of this Law.
The following persons, agencies, and organizations have, as prescribed by the civil procedure law, the right to request a court to annul an illegal marriage due to violation of Point a, c or d, Clause 1, Article 8 of this Law;
a/ The spouse of a married person who gets married to another person; parent, child, guardian, or another at-law representative of a person who gets married illegally;
b/ The state management agency in charge of families;
c/ The state management agency in charge of children;
d/ The women’s union.
When detecting an illegal marriage, other persons, agencies or organizations have the right to propose an agency or organization prescribed at Point b, c, or d, Clause 2 of this Article to request a court to annul such marriage.
Principles of handling illegal marriage
The court shall handle illegal marriages in accordance with the Law on Marriage and Family and the Civil Procedure Code.
At the time the Court settles the request for annulment of the illegal marriage, if both parties to the marriage have fully met the conditions for marriage as prescribed in Article 8 of this Law and the two parties request recognition of their relationship with each other, then the Court shall recognize that marriage relationship. In this case, the marriage relationship established from the time when the parties fully meet the conditions for marriage under the Law on Marriage and Family 2014.
The court’s decision on the illegal annulment of marriage or the recognition of the marriage relationship must be sent to the agency that has performed the marriage registration for recording in the civil status book.
The Supreme People’s Court shall assume the prime responsibility for, and coordinate with the People’s Procuratorate of the Supreme and the Ministry of Justice in, guiding this Article.
Legal consequences of illegal annulment of marriage
- When the illegal marriage annulled, the two marriage parties must terminate their relationship as husband and wife.
- Rights and obligations of parents and children settled according to regulations on rights and obligations of parents and children upon divorce.
- Property relations, obligations, and contracts between the parties settled according to the provisions of Article 16 of the Law on Marriage and Family 2014.
Can I annul a newly registered marriage in Vietnam?
When both parties voluntarily sign the marriage registration certificate; it is considered that the husband and wife relationship has been recognized by law; either of them cannot cancel the marriage registration alone but need to file for divorce in court.
The cancellation of the marriage registration certificate may only carried out in one of the cases in which the marriage registration fails to comply with and violates the regulations on the order and procedures for marriage registration.
Under Article 10 of the Law on Marriage and Family 2014, a person who forced or deceived into a marriage has, as prescribed by the civil procedure law, the right to request by himself/herself or propose to a person or an organization to request a court to annul his/her illegal marriage.
In addition, when annulling an illegal marriage, the Court will base on grounds such as men and women getting marriage before they have reached the legal marriage age; a married person who has married another person; people with the same direct bloodline, relatives within three generations enter into marriage….
On the other hand, the following individuals, agencies, and organizations, according to the civil procedure law, have the right to request the Court to annul an illegal marriage:
- Wife or husband of a married person who marries another person; father, mother, child, guardian, or another legal representative of the person who entered a marriage illegally;
- State management agency on family;
- State management agencies on children;
- Women’s Union.
Besides, other individuals, agencies, and organizations, when detecting illegal marriages, have the right to request the State management agency in charge of family or the State management agency in charge of children, or the Women’s Union to ask the Court to annul the illegal marriage.
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Related questions
Persons who request marriage registration shall submit dossiers to commune-level People’s Committees
Under the 2014 Civil Status Law; Decree 123/2015/ND-CP and Circular 04/2020/TT-BTP, in case of birth registration for an illegitimate child, if the father cannot identified, the record about the father in the registration book Birth certificate and Birth Certificate will left blank. Accordingly, the child will have the mother’s last name.
The temporary residence can also considered a residence of the citizen and the citizen can go to the competent agency in the temporary residence to carry out civil status procedures.
So, you can carry out the marriage registration procedures at the place of temporary residence registration of either male or female parties.
Contact LSX
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