Cases of not being able to registering marriage in Vietnam. Forbidden marriage with foreigners under Vietnamese law. One of the indispensable conditions for marriage registration is not falling under the marriage ban; mentioned in Article 5 of the Law on Marriage and Family. Let us learn about this topic with LSX law firm as follow:
Cases of not being able to registering marriage in Vietnam: Fake marriage
Marriage means that a man or a woman registers with a State agency when meeting the conditions for marriage to build a family. Therefore, it can be understood that a fake marriage is a marriage that is not intended to build a family.
This is also the explanation stated in Clause 11 Article 3 of the Law on Marriage and Family:
Fake marriage means taking advantage of marriage to exit, enter, reside, and naturalize Vietnamese or foreign nationality; to enjoy the State’s preferential regimes or to achieve other purposes that are not for the purpose of building a family
Therefore, fake marriage is one of the acts prohibited by law. If violating, according to point d, clause 2, Article 59 of Decree No. 82/2020/ND-CP, violators will be fined from 10 to 20 million VND.
Case of not being able to registering marriage in Vietnam: Child Mariage
According to the above analysis, men and women can only register marriage if they meet the age requirements. This is one of the conditions for marriage and family relations to be recognized by law). Clause 8 Article 3 of the Law on Marriage and Family defines:
Child marriage is marriage or marriage when one or both parties are underage for marriage
Therefore, if men and women register marriage early; they can be administratively sanctioned, and in more severe cases, they can be prosecuted for criminal liability. Specifically:
– Administrative sanction: A fine of from 01 to 03 million dong; if organizing the marriage or marriage for an underage person; A fine of between VND 03 – 05 million if maintaining an illegal husband and wife relationship; with a person who is under age for marriage despite having an effective court judgment or decision (Based on Article 58 of Decree No. 82). .
– To bear criminal responsibility:
The examination of penal liability is; imposed on the person who organizes the marriage; or marriage for a person who has not yet reached marriageable age; who have been; administratively sanctioned but continue to commit the violations; they shall be subject to a fine of between VND 10-30 million; or non-custodial reform for up to 2 years (according to Article 183 Crime of organizing child marriage in the current Penal Code).
Forced marriage, cheating marriage
According to Clause 9, Article 3 of the Law on Marriage and Family, forced marriage is the act of threatening; mentally intimidating, tormenting, ill-treating; demanding property or other acts to force another person to register marriage against their will.
These are two of the prohibited acts in marriage registration in Article 5 of the Law on Marriage and Family. Therefore, point c, clause 2, Article 59 of Decree 82 prescribes fines of between 10 and 20 million VND for violators.
Case of not being able to registering marriage in Vietnam: Obstructing marriage
Obstructing marriage means threatening, mental intimidation, torture, ill-treatment, claiming property or other acts to prevent the marriage of a person who is eligible for marriage (according to Clause 10, Article 3 of the Law on Marriage and Family). ).
At that time, the violator will be; fined from 03 – 05 million VND according to the provisions at point dd, clause 1, Article 59 of Decree 82/2020.
In addition, if forcing another person to marry against their will; preventing others from registering marriage or maintaining a voluntary and progressive marriage relationship by torturing, ill-treating; mentally threatening, loving possessions or other tricks; which have been; administratively sanctioned, but continue to violate, shall be; punished with one of the penalties specified in Article 181 of the Penal Code on the crime of forcing marriage or obstructing voluntary marriage; proceeding the set:
– Non-custodial reform for up to 03 years;
– Imprisonment from 3 months to 3 years.
Marrying or cohabiting with the following prohibited persons
Prohibited relationships when registering marriage or living together as husband and wife are at Point d, Clause 2, Article 5 of the Law on Marriage and Family, including:
– Firstly, people of the same direct blood line;
– Secondly, among people with surnames within 03 generations;
– Thirdly, between an adoptive parent and an adopted child or has been an adoptive parent with an adopted child;
– In addition, between father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepchild, stepmother and stepchild.
Violations will be; fined from 10 to 20 million VND according to Clause 2, Article 59 of Decree 82.
If you concern about Dossier for marriage registration in Vietnam, let read this article.
Finally, hope this article about Cases of not being able to registering marriage in Vietnam is helpful for you!
Thus marriage registration is a legal procedure, the basis for the law to protect the rights and obligations of each person.
spouses shall submit a dossier of marriage registration documents directly at the Justice Department; in which the marriage is registered in Vietnam.