From the movie “Going home to children” on VTV3, the phrase “marriage contract” became popular. However, in Vietnam, is this type of contract legal? What is a marriage contract? Is it illegal to perform a marriage contract? Is it a fake marriage? How to perform a marriage contract to be considered legal? Lawyer X’s legal consulting room would like to inform readers.
Legal grounds
- Civil Code 2015;
- Law on Marriage and Family 2014
- Consulting content
What is a marriage contract?
Contract is an agreement between the parties on the establishment; change or terminate civil rights and obligations as prescribed in Article 385 of the Civil Code 2015.
Marriage is the relationship between husband and wife after marriage;
According to Article 3 of the Law on Marriage and Family 2014,
Marriage is the relationship between husband and wife after marriage.
However, Vietnamese law does not have specific provisions on the concept of a marriage contract. The Law on Marriage and Family refers to the agreement on property of husband and wife before marriage. This can be considered as one of the forms of marriage contract.
Article 47. Agreement on establishing the property regime of husband and wife In case two parties get married choose the property regime as agreed upon; then this agreement must be made before the marriage; in the form of a notarized or authenticated document. The property regime of husband and wife under the agreement is established from the date of marriage registration.
In fact, the marriage contract is used to express the agreement on the marital relationship: the rights and obligations of husband and wife; parents and children; alimony; property… of husband and wife.
Does Vietnamese law recognize marriage contracts?
A marriage contract is an agreement between husband and wife on a marriage relationship. The marriage regime includes regulations on marriage; divorce, rights and obligations between husband and wife, parents and children, and among other family members; alimony, inheritance issues, etc. However, Vietnamese law does not have any specific provisions on the issue of marriage contracts other than the agreement on the property regime before; during and after the marriage period.
The establishment of a marriage relationship based on the conditions of the Law on Marriage and Family registered at a competent authority; will be respected; and protected by law . However, for cases of marriage for the purpose of concealing other purposes such as exit, entry; residence, naturalization of Vietnam or foreign countries, etc.; it is illegal; and will be severely handled by the law.
Is the marriage contract illegal?
Is marriage contract in Cases of not being able to registering marriage in Vietnam?A marriage relationship is; established by law to build a family between 01 man and 01 woman; it is based on a voluntary spirit. Since two people are eligible to get; married and are registered at a competent authority; they will be respected and protected by law.
Accordingly, any marriage that is not to build a family but only takes advantage of the marriage; to perform other purposes such as exit; entry, residence, naturalization of Vietnamese or foreign nationality, etc. illegal and will be severely punished by law.
In addition, currently; according to the provisions of Article 47 of the Law on Marriage and Family 2014; between husband and wife, the only agreement on the property regime is the type of agreement; that can be; made into a contract. This agreement must be; made before the marriage in a notarized; or authenticated document and is; established from the date of marriage registration.
The content of this document is the agreement on common property and separate property of husband and wife; rights and obligations of each person to these assets; conditions and procedures for property division upon divorce.
Thus, other agreements are; not prescribed by law; apart from the contract, also known as the written agreement on the husband and wife’s property regime.
Especially, marriage contracts for profiteering, contracts made for fake marriage are contracts that violate the law.
Fake marriage can be fined up to 20 million VND
Fake marriage is not only; not recognized by the law; but even if the purpose of this marriage is; not to build a family, for-profit purposes, it can be administratively fined.
Accordingly, if anyone takes advantage of the marriage to exit or enter the country; naturalization of Vietnam or foreign nationality; If they enjoy the State’s preferential regime or perform other self-seeking purposes; they may be subject to a fine of between VND 10 million and VND 20 million according to the provisions of Point d, Clause 2, Article 59 of Decree 82/2020/ND-CP.
Thus, a marriage contract with an agreement on the husband and wife’s property regime is fully; recognized by Vietnamese law when it meets all the conditions as prescribed. But if it is not to build a family, but only for a fake marriage, it will not be; recognized by the law and may be handled.
How to perform a marriage contract to be considered legal?
Establishing a marriage contract before marriage has many benefits. Prominent is in resolving and handling conflicts between husband and wife when living together. And now, this is quite a popular measure with young people.
However, only making a marriage contract to agree on the property of husband and wife; no mention of other matters; so as not to be considered for the purpose of exploitation.
Only when men and women get married for the purpose of marriage can a marriage contract be made; to determine property later in the process of cohabitation. In the process of living together, in addition to the common property the husband and wife create together; also have separate property that each person had before marriage; have after marriage; due to be given exclusively; private inheritance…
Related articles:
- Should you register marriage before wedding in Vietnam?
- Can a divorced person register marriage with another person?
- In Vietnam, is it possible to get a birth certificate for a child without a marriage certificate?
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Frequently asked questions
In Clause 11, Article 3 of the Law on Marriage and Family 2014 stipulates:
“Fake marriage means taking advantage of marriage to exit, enter, reside, naturalize Vietnamese or foreign nationality; to enjoy the State’s preferential regime or to achieve other purposes that are not for the purpose of building a family.
Article 8 of the Law on Marriage and Family 2014 states:
“The marriage does not fall into one of the cases where marriage is prohibited as prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.” In which, point a, Clause 2, Article 5 provides for one of the cases where marriage is prohibited, which is a fake marriage.
In Clause 4, Article 28 of Decree 110/2013/ND-CP stipulating penalties for administrative violations in the field of marriage and family as follows:
A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a) Taking advantage of the marriage for the purpose of exiting or entering the country; naturalization of Vietnamese or foreign nationality;
b) Taking advantage of marriage to enjoy the state’s preferential regime or to carry out other profiteering purposes.
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