“Hello, Lawyer. I have heard of a case where my daughter was married to a Viet Kieu to be guaranteed and naturalized abroad. I wonder if it is a fake marriage and how much How to handle the current fake marriage? Looking forward to the lawyer’s answer, I sincerely thank you!“. Thank you for sending us your question. To better understand this, today, LSX Lawfirm will give you an article about “How to handle fake marriage in 2022 according to Vietnamese law?“, as follows:
Legal grounds
- Law on Marriage and Family 2014;
- Decree 82/2020/ND-CP
What is marriage?
According to the provisions of the Law on Marriage and Family 2014, marriage is defined as follows:
Marriage means the establishment of a husband and wife relationship by a man and woman in accordance with this Law on marriage conditions and marriage registration.
Thus, the Law on Marriage and Family 2014 stipulates quite specifically that marriage is the establishment of a husband and wife relationship by a man and a woman on the principle of voluntariness and without any binding or coercion. According to the provisions of this law, the conditions for marriage registration will be satisfied.
Current marriage ban acts
The following acts are prohibited:
A fake marriage, fake divorce;
Child marriage, forced marriage, cheating on marriage, obstructing marriage;
A married person who gets married or cohabits as husband and wife with another person or is unmarried or unmarried but marries or cohabits as husband and wife with a married person;
Marrying or living together as husband and wife between people of the same bloodline; 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;
Claiming wealth in marriage;
Forcing divorce, cheating divorce, obstructing divorce;
Performing childbirth by assisted reproductive technology for commercial purposes, surrogacy for commercial purposes, fetal sex selection, and asexual reproduction;
Domestic violence;
Taking advantage of the exercise of marriage and family rights for human trafficking, labor exploitation, sexual abuse, or other acts for self-seeking purposes.
What is a fake marriage?
Clause 11 Article 3 of the Law on Marriage and Family 2014 provides:
Fake marriage means taking advantage of marriage to exit, enter, reside or naturalize Vietnamese or foreign nationality; to enjoy the State’s preferential regime or to achieve other purposes other than to build a family.
In addition, point d, clause 1, Article 8 of the Law on Marriage and Family 2014 states:
The cases where marriage is prohibited are specified at Points a, b, c, and d, Clause 2, Article 5 of this Law. In particular, point a, Clause 2, Article 5 specifies that one of the cases where marriage is prohibited is a fake marriage.
In fact, fake marriage is still guaranteed in terms of legal procedures, couples who are only fake marriage will still be granted a marriage registration certificate.
However, the purpose of the marriage is not guaranteed and the marriage, as well as the legal procedures, are only a paper form, the two people did not live together or live together but quickly divorced after either or both have achieved the goal.
A fake marriage is actually just a contract marriage that is contrary to the law for certain benefits, not from love for the purpose of building family happiness.
Therefore, cases of fake marriage for whatever purpose are prohibited. At the request of the subject who has the right to request an annulment of an illegal marriage as prescribed, this marriage will be annulled by the Court.
It can be seen that the case of acquaintances who let their daughters get married to gain foreign citizenship without having to marry on the basis of love is also a fake marriage. So, will fake marriage be handled, please follow the information we provide below.
How to handle fake marriage in 2022?
Point d, Clause 2, Article 59 of the Law on Marriage and Family 2014 stipulates a fine of between VND 10 and 20 million for one of the acts of taking advantage of the marriage to:
– Exit, entry, residence, naturalization of Vietnam, foreign nationality
- Enjoy the preferential regime of the State
– Accomplish other purposes that are not aimed at building a family.
In addition, the person who commits the violation must return the illegal profits obtained from committing the violation.
In addition, depending on the nature and seriousness of the violation, the violator will also be revoked and the issued marriage registration certificate canceled by a competent court.
At the same time, Clause 2, Article 59 of Decree 82/2020/ND-CP on administrative sanctions in the field of marriage and family also stipulates that a fine of between VND 10 and 20 million is imposed for one of the following acts:
– Marriage/living together as husband and wife between people of the same direct bloodline or between people who have the same surname within three generations;
– Marriage/living together as husband and wife between adoptive parents and adopted children;
– Forced marriage/marriage fraud; forced divorce or fraudulent divorce;
- Taking advantage of marriage to exit, enter, reside or naturalize Vietnamese or foreign nationality; to enjoy the State’s preferential regime or to achieve other purposes other than to build a family;
Taking advantage of the divorce to evade property obligations, violate policies and laws on population, or achieve other purposes without the purpose of terminating the marriage.
Thus, the fake marriage can be fined from 10 to 20 million VND, forced to pay back the illegal profits obtained from the violation, revoked, or even canceled the marriage registration certificate. grant.
How is the act of fake marriage to exit the country?
The administrative sanction for fake marriage to exit the country
Accordingly, acts of fake marriage, taking advantage of marriage to exit; Naturalization has the following administrative penalties:
– A fine ranging from VND 10,000,000 to VND 20,000,000; for individuals who take advantage of their marriage to exit, enter, reside, or naturalize Vietnamese or foreign nationality; to enjoy the State’s preferential regime or to achieve other purposes other than to build a family.
- In addition to the above fine level; violators are also forced to return illegal profits; obtained by performing the act of fake marriage.
For many people; perhaps the above administrative fines for taking advantage of marriage to gain entry and naturalization abroad are not enough of a deterrent; or think that if they successfully exit and naturalize, they will not be subject to any sanctions then.
However, individuals may face higher fines; even go to jail for fake marriage according to the law of the country the individual intends to exit to, and naturalize; For example, the US law can be mentioned.
Criminal prosecution of fake marriage to exit the country
Specifically, the US Immigration and Customs Enforcement (ICE-U.S. Immigration and Customs Enforcement) have regulations on fake marriage to exit as follows:
– Fake marriage is a federal crime: This means that individuals who take advantage of the marriage to exit or naturalize from the US will be criminally responsible.
Penalties for sham marriage include imprisonment for up to five years and fines of up to $250,000. In addition, people accused of fake marriage can also face visa deprivation, deportation to the country, and deprivation of many other benefits.
In particular, the above sanction is not only limited to the person who directly commits the violation, but can also be applied to the person involved.
Thus, not only are they administratively handled, but individuals who take advantage of fake marriages to obtain foreign citizenship, get married for entry, exit, and naturalize can be subject to sanctions from many legal systems. such as imprisonment, deportation, visa deprivation, etc.
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Related article
- Online marriage registration procedures in Vietnam
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Related questions
Pursuant to Clause 2, Article 82 of Decree No. 82/2020/ND-CP on sanctioning administrative violations in the field of marriage and family, the person competent to make records of administrative violations is the Justice officer – household commune level. Pursuant to Article 83 of Decree 82/2020/ND-CP on sanctioning of administrative violations in the field of marriage and family, the person competent to sanction administrative violations for sham divorce is: Provincial People’s Committees have the power to impose fines for administrative violations in the field of marriage and family up to 30 million VND.
– Contract entered into on the content of fake marriage between the parties
– Talking messages of the parties about the content of fake marriage
– In addition, the fake married person can call back to the other party; recall the story to verify the sham marriage is valid, is real in fact.
– The witness knows about the fake marriage nature of this couple.
Dossier of request for annulment of illegal marriage:
– An application for annulment of the illegal marriage; Marriage certificate or other papers and documents proving marriage registration, proof that the marriage violates the marriage conditions After preparing the dossier, it shall be sent to the competent People’s Court; After receiving the documents and evidence, the court will consider resolving the marriage annulment against the law.
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