How to punish marriage fraud in Vietnam?

by Anh Việt

Hello LSX. Marriage is the establishment of the husband and wife relationship of two parties after making marriage registration at a competent agency. I know that the law always upholds the voluntariness of the parties when participating in the establishment of a marriage relationship for the purpose of building a happy family together, however, cases of marriage fraud cannot be avoided. . There is a case near my house where two men and women get married so that their husband can take his wife abroad for the purpose of naturalization. So about the matter “How to punish marriage fraud in Vietnam?” Let’s find out with LSX in the article below.

Legal grounds

  • Civil Procedure Code 2015
  • Law on marriage and family 2014
  • Decree 82/2020/ND-CP

What is marriage fraud?

Pursuant to the provisions of Clause 3, Article 2 of the Joint Circular No. 01/2016/TTLT-TANDTC-VKSNDTC-BTP, then:

Marriage fraud” specified at Point b, Clause 2, Article 5 of the Law on Marriage and Family is an intentional act of one party or a third person in order to mislead the other party and lead to an agreement to marry. kiss; without this act, the deceived party has not agreed to the marriage.

Thus, according to the regulations, it can be understood that marriage fraud can be the act of one party or another third party who intentionally gives information to mislead the other party about a certain issue and lead to consent to marriage.

Specifically, according to the guidance in Resolution No. 02/2000/NQ-HDTP, guiding the application of a number of provisions of the Law on Marriage and Family, the conditions for a man and a woman to marry each other must be met.

When dealing with a request for an annulment of an illegal marriage or a request for a divorce, it is necessary to pay attention to a number of points, in which there are guidelines on fraudulent acts of marriage as follows:

One party cheats (for example: cheating that if you get married, you will apply for a suitable job or if you get married, you will sponsor a foreign country; have no sexual ability but intentionally hide it; know you have HIV but intentionally hidden…) so the deceived party agreed to get married;

Is fake marriage cheating marriage right?

According to the provisions of the Law on Marriage and Family 2014, illegal marriage is when a man and woman have registered their marriage at a competent state agency but one or both parties violate the marriage conditions as if they were not married. full age, involuntarily or because either party loses civil act capacity. In addition, a marriage that falls into one of the cases where marriage is prohibited is also an illegal marriage. Prohibited marriage cases such as fake marriage, fake divorce; child marriage, forced marriage, cheating on marriage, obstructing marriage. At present, fake marriage and marriage fraud are often confused with each other. However, these are two completely different concepts.

According to the Law on Marriage and Family, sham marriage is taking advantage of marriage to exit, enter, reside, and naturalize Vietnamese or foreign nationality; to enjoy the State’s preferential regime or to achieve other purposes other than to build a family.

In Resolution 02/2000/NQ-HDTP, several examples of marriage fraud were given. For example, Mr. A told Ms. B that if she got married, she would apply for a suitable job, so Ms. B agreed to marry her, but in the end Mr. A did not. Mr. C promised Ms. D that if he got married, he would sponsor abroad, but Mr. C could not do this after marriage. Mr. E is infertile but deliberately hides it to get a wife; Mr. F knows he has HIV but deliberately hides it to get married…

When requesting an annulment of marriage due to deception, it is necessary to prove the act of deception here. If you can’t prove it, you can’t ask for an annulment of the marriage. For example, if A wants to marry B because he believes that B is rich and B also intentionally pretends to be rich (even though very poor) to get A to accept his marriage, then A has no grounds to request an annulment. due to deception.

How to punish marriage fraud in Vietnam?

Principles of dealing with marriage fraud

On the principle of handling fraudulent acts of marriage, the State will not recognize cases of marriage without the voluntariness of either party or both men and women when getting married.

Therefore, an illegal marriage due to deception in marriage will be considered and annulled by a competent court.

However, the illegal annulment of marriage due to marriage fraud directly affects the lives of the two illegally married people and their children.

Therefore, when handling the above cases, the Court must investigate and clarify the violation, the extent of the violation as well as the circumstances of the violation.

Especially, it is necessary to consider and evaluate the substance of the emotional relationship between two people from the time of marriage until now, from which the court can decide on the best handling, ensuring the understanding and reasonableness.

Who is entitled to request an annulment of marriage due to deception?

When the marriage is determined to be fraudulent, the Court will annul such illegal marriage upon request.

According to Article 10 of the Law on Marriage and Family 2014:

1. Persons who are forced into marriage or deceived into marriage, according to the provisions of the civil procedure law, have the right to request or request individuals or organizations specified in Clause 2 of this Article to request requests by themselves. The court annuls the illegal marriage due to the violation of the provisions of Point b, Clause 1, Article 8 of this Law.

2. The following individuals, agencies and organizations, in accordance with the civil procedure law, have the right to request the Court to annul an illegal marriage due to the violation of the provisions of Point a, c and d Clause 1 Article 8 of this Law:

a) Wife or husband of a married person who marries another person; father, mother, child, guardian or other legal representative of the person who got married illegally;

b) State management agencies in charge of family;

c) State management agencies in charge of children;

d) Women’s Union.

3. Other individuals, agencies and organizations, when detecting an illegal marriage, have the right to request the agencies or organizations specified at Points b, c and d, Clause 2 of this Article to request the Court to cancel the illegal marriage.

Thus, for the case of marriage due to deception, the deceived person has the right to request the Court to annul the illegal marriage.

Or when unable to do so by themselves, the person being deceived may request a competent individual, agency or organization to carry out procedures to request a court to settle.

In case other individuals and organizations detect signs of marriage fraud, they may request the State management agency in charge of the family, the State management agency in charge of children, and the Women’s Union to let them this agency asks the Court to declare an annulment of the illegal marriage.

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Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “How to punish marriage fraud in Vietnam?” At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: hoangson@lsx.vn

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Frequently asked questions

What documents need to be prepared to request an annulment of marriage fraud?

To annul an illegal marriage, a complete set of documents is required including the following documents:
An application for annulment of an illegal marriage (a request for settlement of a civil matter)
Marriage registration
Documents and evidences proving that such marriage violates the marriage conditions
Copy of identity card; or the couple’s citizenship identity card.

What are the legal consequences of property relations when an illegal marriage is annulled due to marriage fraud?

After the marriage is annulled, someone’s separate property remains under that person’s ownership.
Common property is divided by agreement.
If no agreement is reached, the two parties may request the Court to settle.
The Court settles taking into account the contributions of each party; give priority to protecting the legitimate rights of women and children.
Because there is no husband and wife relationship, there is no basis to establish a relationship of support obligations between the two parties in the event that one party falls into poverty after the marriage is annulled.

What are the legal consequences of the relationship between father, mother and child when illegally annulling marriage due to marriage fraud?

According to the provisions of Clause 2, Article 12 of the Law on Marriage and Family 2014, when an illegal marriage due to deception is annulled, the children’s interests will be settled as in divorce.
According to the regulations, parents continue to have the obligation to look after, care for, educate and raise their minor children or adult children who are unable to work and have no property to support themselves.
The parent who does not directly raise the child has the obligation to support and has the right to visit the child, etc.
In case the parents continue to live together as husband and wife, support issues may not arise without request, both parties directly take care of and raise the child, creating the best conditions in all aspects for the child.

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