As is known marriage will be done on the basis of inquiry; the free will of both men and women. But when this society develops, many people dream of changing their lives so they look to marriage brokerage services to marry abroad. Is it legal? What’s marriage brokerage services with foreign elements in Vietnam. LSX Lawfirm will help you learn more through the article below.
Law on marriage and family 2014
What is a marriage brokerage service?
Marriage brokerage service is the act of introducing and providing marriage counseling for another person. Accordingly, marriage brokerage centers, including: Center for marriage and family counseling and support with foreign elements, are non-business units under the Central Vietnam Women’s Union or the Provincial Women’s Union. , central.
So marriage brokerage is a job with the desire to introduce the object of marriage to a person. This referral can be made to a foreigner; can also introduce domestic; based on individual needs and desires.
Marriage brokerage services with foreign elements in Vietnam
Accordingly the law, a number of activities related to marriage brokerage services has permission but must comply with the provisions of the law.
Pursuant to Article 52 of Decree 126/2014/ND-CP regulations on principles of counseling and support for marriage and family with foreign elements:
- Firstly, the operation of the Center must ensure the principle of non-profit; contribute to the healthyization of marriage and family relations with foreign elements; consistent with the basic principles of the Vietnamese marriage and family regime; folk customs and traditions.
- Secondly, marriage parties have the right to counsel, support for marriage and family with foreign elements. The counseling and support does not depend on the nationality and place of residence of the requester.
- Lastly, it is strictly forbidden to take advantage of consulting, supporting marriages and families with foreign elements for human trafficking, labor exploitation, sexual abuse or other self-seeking purposes.
So, in order to operate on this service, the service business center must ensure to operate on the principles as prescribed. Do not take advantage of the brokerage for profit or other purposes.
Penalties for violations of marriage brokerage services
As well as other areas: such as confirming marital status ; marriage extract ; ….when there is a violation, it will be handled accordingly regulations. For violations in this field, the fines specified in Article 39 of Decree 82/2020/ND-CP regulates as follow:
Imposing a fine ranging from VND 7,000,000 to VND 10,000,000 for one of the following acts:
- Operation in case of disqualification for operation;
- Operating beyond the scope and contents stated in the operation registration paper;
- Request money or other benefits other than the prescribed remuneration when providing counseling and support on marriage and family with foreign elements
- Do not keep information confidential; documents on private life, personal secrets and family secrets of the parties as prescribed by law.
Imposing a fine ranging from VND 10,000,000 to VND 20,000,000 for one of the following acts:
- Carrying out consulting and supporting activities for marriage and family with foreign elements without an operation registration certificate;
- Taking advantage of marriage and family counseling and support with foreign elements for human trafficking, labor exploitation, sexual abuse or for other profiteering purposes.
There are also additional penalties:
- Suspend operation from 01 to 03 months for acts of violation specified in Clauses 3 and 4 of this Article;
- Suspend from 6 to 9 months of operation for violations specified at Point b, Clause 5 of this Article;
- Confiscate material evidences which are papers and documents that have been erased; or modified to falsify their contents, for the violations specified at Points a and b, Clause 2 of this Article.
And take remedial measures with those violations.
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Finally, hope this article “Marriage brokerage services with foreign elements” is useful for you.
The United States Citizenship and Immigration Services (USCIS) is very strict with fake marriages; which can be punishable with a prison sentence of up to 10 years and a fine of up to $250,000 in fines. For US citizens, a fake marriage carries a sentence of 10 years in prison and a fine of up to $250,000. For foreign nationals; fake marriages will result in deportation from the US; a $250,000 fine and a permanent ban from entry.
spouses shall submit a dossier of marriage registration documents directly at the Justice Department; in which the marriage is registered in Vietnam.