According to current law, marriage is an important legal event. Marriage requires the parties to meet the conditions prescribed by law in terms of age, capacity for civil acts, voluntariness, etc. However, at present, due to limited legal and social knowledge. Many couples have held weddings from a very young age, especially in highland areas. This phenomenon is called child marriage. So about the matter “How to handle child marriage in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Law on Marriage and Family 2014
What is child marriage?
The Law on Marriage and Family 2014 explains child marriage as follows: Child marriage is getting married or getting married when one or both parties are under the legal marriage age.
Thus, child marriage is an act in one of the following three cases:
– Men get married when they are not yet 20 years old.
– Females get married before the age of 18.
– Men under 20 years old and women under 18 years old.
(Clause 8 Article 3, Point a Clause 1 Article 8 Law on Marriage and Family 2014)
Some of us think that child marriage is an early marriage that only occurs in remote areas, areas with difficult socio-economic conditions, especially difficult. However, in fact, child marriage is now quite common in many places and comes from people’s limited legal awareness. Legal regulation of child marriage through the introduction of legislation to define child marriage. Specifically, Clause 8, Article 3 of the Law on Marriage and Family 2014 stipulates: “Child marriage is the marriage or marriage when one or both parties are underage for marriage as prescribed at Point a, Clause 1, Article 8 of the Law on Marriage and Family. This law.”
Accordingly, Point a, Clause 1, Article 8 of the Law on Marriage and Family stipulates the age of marriage as follows: “Men are full 20 years old, women are full 18 years old”. Specifically, the age is determined as follows: from full 20 years old and from full 18 years old is counted after the 20th birthday for men and after the 18th birthday for women.
So, if a man or a woman or both men and women do not meet the minimum age requirements for marriage above but get married, they will be considered as child marriage.
The case of child marriage is recognized as husband and wife
According to Clause 2, Article 11 of the Law on Marriage and Family 2014, cases of union contrary to the law, including early marriage, are still recognized as husband and wife when fully meeting the following conditions:
– At the time the Court settles the request for annulment of the illegal marriage, both parties to the marriage have fully met the conditions for marriage as prescribed in Article 8 of the Law on Marriage and Family 2014;
– Both parties request recognition of the marriage relationship.
At that time, the marriage relationship is established from the time when the parties are eligible for marriage as prescribed by law.
Conditions of marriage include:
– Male from full 20 years old, female from full 18 years old;
– The marriage is decided by the man and the woman voluntarily;
– No loss of civil act capacity;
– The marriage does not fall into one of the following cases where marriage is prohibited:
+ Fake marriage, fake divorce;
+ Child marriage, forced marriage, cheating on marriage, obstructing marriage;
+ A married person who marries or lives together as husband and wife with another person or is unmarried or unmarried but marries or lives as husband and wife with a married person;
+ Marrying or living together as husband and wife between people of the same blood line; among people with surnames within three generations; between adoptive parents and adopted children; between a person who used to be a father, an adoptive mother with an adopted child, a father-in-law with a daughter-in-law, a mother-in-law with a son-in-law, a stepfather with a step-child of a wife, a stepmother with a step-son of a husband.
How to handle child marriage in Vietnam?
Child marriage is not simply an ineligibility to get married but is a prohibited act under the Law on Marriage and Family 2014. Acts of forced marriage are administratively sanctioned and organized for child marriage. be administratively sanctioned according to the provisions of Decree 82/2020/ND-CP on sanctioning of administrative violations in the field of judicial assistance; judicial administration; family marriage; civil enforcement; bankruptcy of enterprises and cooperatives. Specifically, according to Article 58 of Decree 82/2020/ND-CP stipulating penalties for acts of child marriage and organization of child marriage as follows:
“Article 58. Acts of child marriage, organization of child marriage
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for organizing the marriage or marriage of a person under age for marriage.
2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for maintaining an illegal husband-wife relationship with an underage person even though there is a legally effective judgment or decision of the spouse. Court.”
Thus, according to current regulations, acts related to child marriage can be fined up to 5,000,000 VND.
In addition to administrative handling, in some cases, this act is also examined for penal liability according to the provisions of the 2015 Penal Code. Specifically, Article 183 provides for the crime of organizing algae. kiss like this:
Those who organize the marriage or marriage for those who are not yet of marriage age, have been administratively sanctioned for this act but continue to commit it, shall be subject to a fine of between VND 10,000,000 and 30,000,000. VND or non-custodial reform for up to 2 years.”
Thus, the legal regulations on child marriage clearly state that the act of organizing an child marriage when detected by a competent state agency will make a record and handle administrative violations, in some cases when it is weak enough. constituent elements will be prosecuted for criminal liability.
Effects of child marriage
Even though the marriage is not old enough according to the voluntary consent of both men and women. However, child marriage brings great consequences that not only affect themselves, their families and the whole society in the future. Specifically:
– For health: The health of the people who are getting married will be seriously affected, especially for girls under the age of 15, when the body is not yet developed and pregnant, there will be a high risk of death due to pregnancy and childbirth. than women over the age of 20. Babies born to mothers under the age of 18 are more likely to be underweight or to die than other children.
– For the spirit: When getting married early, children are not allowed to play, rest and study, entertain and participate in activities like other friends of the same age.
– Regarding the educational environment: When getting married at an early age, the age is small, leaving school, no learning opportunities, limited social knowledge, not being able to absorb modern and advanced knowledge, so it is not maximum development of personality, talent and intellectual ability.
– Economic: Child marriage makes the ability to find jobs and contribute to the family economy low, leading to increased poverty, in many cases leading to broken family happiness.
– Social: Child marriage seriously affects the development of society when the population quality is low.
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Contact LSX
Above is the advice of LSX Law firm on the issue of “How to handle child marriage in Vietnam?”. For more detailed information and to receive more advice when there is a need on matters related to the service of registration of marital status; suspend branch business. In addition, to receive advice and answer questions from domestic and foreign customers via hotline: +84846175333 or Email: [email protected]
Please see more
- Register a marriage with a foreigner in Vietnam
- Proving separate property before marriage under Vietnam law
- Regain custody of children after divorce under Vietnam law
Frequently asked questions
Answer: yes. but the State does not guarantee the rights related to marriage such as personal relationship, property relationship, etc. and those two people have no legal responsibility for each other.
Which agency has the authority to sanction administrative violations on child marriage?
Article 66. Competence to sanction administrative violations of the Presidents of the People’s Committees at all levels
Chairpersons of commune-level People’s Committees have the right to:
a) Impose a warning;
b) A fine of up to VND 3,000,000 shall be imposed for administrative violations in the field of judicial administration, marriage and family.
Answer: no. The State has clearly stipulated that a man from full 20 years old and a woman from full 18 years old can be approved by the State to get married. Under the prescribed age (even with the consent of both parties) is still child marriage and is punished according to the provisions of the law.
Those who organize the marriage or marriage for people who are not yet of age for marriage, have been administratively sanctioned for this act but continue to commit it, shall be subject to a fine of between VND 10,000,000 and 30,000,000. or non-custodial reform for up to 2 years.
According to this provision; the case of child marriage shall be criminally handled when the person performing the act of organizing the act of getting married; marrying people who have not yet met the age requirements for marriage have been administratively sanctioned for this act; but continue to violate. Whereby; the prescribed level of sanction is a fine ranging from VND 10,000,000 to VND 30,000,000; or non-custodial reform for up to 2 years.
=> As such; if they have been previously administratively sanctioned for organizing child marriage; will be prosecuted for penal liability in case of recidivism. Light can be fined; In more serious cases, they may be subject to non-custodial reform.
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