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Can Party members in Vietnam marry foreigners?

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Can Party members in Vietnam marry foreigners? Party members, in addition to complying with the law, are also under the management of the Party’s Charter and related documents. One of them is marrying a foreigner. Let us learn about this topic with LSX law firm as follow:

Can Party members in Vietnam marry foreigners?

Whether the case Party members in Vietnam marry foreigners belong to forbidden marriage with foreigners under Vietnamese law case. Marriage is when a man and woman establish a husband and wife relationship according to the Law on Marriage and Family on conditions and marriage registration. Accordingly, Article 8 of this Law clearly states the conditions that must be met in order to get married, including:

– Male from full 20 years old, female from full 18 years old;

– Voluntarily decided by men and women;

– No one is incapacitated for civil acts;

– Not falling into cases where marriage is prohibited, such as: Fake marriage; child Mariage; forcing, deceiving, obstructing marriage; cohabiting or marrying a married person; Marrying someone with the same direct bloodline, between a family member within 3 generations…

At the same time, on the issue of marrying a foreigner, one of the basic principles of the marriage and family regime stated in Article 2 of this Law includes:

Voluntary, progressive, monogamous, monogamous, also husband and wife equality; marriages between Vietnamese citizens and foreigners are respected and protected by law

In addition, in the Party’s Charter and guiding documents, there are no provisions prohibiting Party members from marrying foreigners. Therefore, if the conditions prescribed by the Law on Marriage and Family are satisfied, Party members may marry foreigners.

However, it must still be noted that; when they want to marry a foreigner, they must report to the branch; Standing committee at all levels to manage themselves, especially when they want to settle abroad or give up Vietnamese nationality to follow the nationality of a foreign husband/wife.

When will Party members in Vietnam be disciplined when marrying foreigners?

Conditions to get married with foreigners in Vietnam? Although it is; not forbidden for Party members to marry foreigners, in some of the following cases, Party members who violate will still be; disciplined according to Regulation 102 of the Central Committee dated November 15, 2017:

BehaviorDisciplineLegal grounds
1Firstly, having a wife (husband) who is a foreigner or a Vietnamese residing abroad;- Marrying a foreigner, Vietnamese residing abroad but not reporting to the direct management committee and the party committee where they liveReprimandPoint a, Clause 2, Article 25
2Secondly, violation of the provisions of (1) but recidivism or first violation but causing serious consequencesExclusionClause 2 Article 25
3Thirdly, intentionally marrying a foreigner or Vietnamese residing abroad who is not eligible for marriage as prescribed by Vietnamese lawExclusionPoint a, Clause 3, Article 25
4Fourthly, marrying a foreigner or Vietnamese residing abroad knowing that such person has committed serious criminal activities, has attitudes or activities against the Party or State.ExclusionPoint b, Clause 3, Article 25
5In addition, marrying a foreigner or Vietnamese residing abroad without reporting in writing to the branch about that person’s background, or having reported but the competent Party organization disagrees but still deliberately performExclusionPoint c, Clause 3, Article 25
6Lastly, deliberately concealing the Party organizationExclusionPoint d Clause 3 Article 25

From the above regulations, it can be; seen that only when Party members violate one of the above 06 acts, they will be disciplined. The application of any form of discipline depends on the nature and seriousness of the violation.

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Related questions

why does the law prohibit sham marriages in Vietnam?

In fact, sham marriage is; still procedurally guaranteed. However, the purpose of the marriage is; not guaranteed; the marriage and legal procedures are only a formality on paper; but the two people do not live together or quickly divorce after achieving the goal.

The proof of sham marriages

To prove that there is a sham marriage, we need proof:
Firstly; contract signed on the content of sham marriage between the parties.
Secondly; talking messages from parties about fake marriage content.
In addition, the sham marriage can call back to the other side of the sham marriage; recalling the story to verify the sham marriage is grounded, is real in fact.
Finally; the witness knew about the couple’s sham marriage nature.

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