Marriage is on the voluntary basis of both parties to establish a husband and wife relationship for the purpose of living together and building family happiness, however, in reality, there are many cases of marriage for economic benefits, not for the purpose of marriage. right to build family happiness or cheat to get married. So about the matter “Regulations on marriage fraud under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Law on Marriage and Family 2014
- Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP
- Decree 82/2020/ND-CP
What is marriage?
According to Clause 5, Article 3 of the Law on Marriage and Family 2014, marriage is when a man and woman establish a husband and wife relationship with each other according to the provisions of this Law on marriage conditions and marriage registration.
Conditions of marriage
According to Clause 1, Article 8 of the Law on Marriage and Family 2014, a man and woman getting married must comply with the following conditions:
• Male from full 20 years old, female from full 18 years old;
• The marriage is voluntarily decided by a man and a woman;
• No loss of civil act capacity;
• 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.
Prohibited acts to protect the marriage and family regime
According to Clause 3, Article 5 of the Law on Marriage and Family 2014, the following acts are prohibited:
• Fake marriage, fake divorce;
• Child marriage, forced marriage, cheating on marriage, obstructing marriage;
• A married person who marries or lives 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;
• Claiming wealth in marriage;
• Forcing divorce, cheating divorce, obstructing divorce;
• Giving birth by assisted reproductive technology for commercial purposes, surrogacy for commercial purposes, fetal sex selection, 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 marriage fraud?
According to Clause 3, Article 2 of Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP, marriage deception is understood as an intentional act of one party or a third party in order to achieve the purpose of marriage. intentionally mislead the other party and lead to consent to marriage; If there is no act of deception, the other party has not agreed to the marriage.
• A man and a woman who want to establish a husband and wife relationship with each other must meet the conditions for marriage and marriage registration in accordance with the Law on Marriage and Family 2014. One of the conditions to meet the marriage registration is means the marriage of a man and a woman who is not in the cases banned from marriage registration under Clause 2, Article 5 of the Law on Marriage and Family 2014, including the case of marriage fraud.
• Marriage deception is understood as the intentional act of one party or a third person, in order to achieve the purpose of marriage, deliberately mislead the other party and lead to marriage consent; If there is no act of deception, the other party has not agreed to the marriage.
The right to request an annulment of marriage when deceived
• Marriage is based on the willingness of both parties to build family happiness, therefore, if the marriage is fraudulent, then the marriage is illegal and will be considered and decided by a competent court. annul the illegal marriage.
• According to Article 10 of the Law on Marriage and Family 2014, the person who is deceived into marriage has the right to request the Court to annul the illegal marriage. The reason is that the marriage fraud violates the provisions of Point b, Clause 1, Article 8 of the Law on Marriage and Family 2014.
• In case, the person being deceived cannot make his/her own request, he/she has the right to propose the following individuals or organizations to request the Court to annul the illegal marriage:
o Personal: Father, mother, child, guardian, legal representative of the person who got married illegally; wife or husband of a married person who is married to another person.
o Organization: State management agency on family; State management agencies on children; Women’s Union.
• In case, other individuals or organizations discover the illegal marriage has the right to request the State management agency in charge of family; State management agencies on children; The Women’s Union asked the Court to annul the illegal marriage.
Note: Individuals, agencies and organizations have the right to request the Court to annul their marriage when they are deceived. If they are deceived, they must enclose a written request for annulment of illegal marriage. The requester must submit documents and proofs. evidence of being deceived into marriage and must submit a Marriage Certificate or papers and documents proving marriage registration; If the marriage certificate is lost, it must be certified by the People’s Committee that issued the marriage certificate.
Regulations on marriage fraud under Vietnam law
Handling of marriage fraud is specified in Clauses 1 and 2, Article 3 of Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP as follows:
• Agencies, organizations and individuals specified in Article 10 of the Law on Marriage and Family have the right to request the Court to annul an illegal marriage. Enclosed with the petition, the requester must submit a marriage certificate for the individual specified in Clause 1, Article 10 of the Law on Marriage and Family or other papers and documents proving marriage registration; documents and evidences proving that the marriage violates the marriage conditions specified in Article 8 of the Law on Marriage and Family.
• In case the husband and wife have registered their marriage but cannot provide the marriage certificate due to loss, it must be certified by the People’s Committee that issued the marriage certificate.
• The court accepts and settles the request for annulment of an illegal marriage according to the provisions of Clause 6, Article 3 and Article 11 of the Law on Marriage and Family when such marriage has been registered at the correct competent authority. permission. The agency competent to register marriage is determined according to the provisions of the civil status law and the law on marriage and family.
• In case a man and woman register their marriage at the right agency with marriage registration authority and request the court to annul the illegal marriage, the guidance in Article 4 of this Joint Circular shall be followed.
• In case the marriage is registered at the wrong competent authority or the man and woman live together as husband and wife but do not have the marriage registration, but request the Court to settle, the following shall be followed. referred to in Clauses 3 and 4 of this Article.
Legal consequences for marriage fraud case
• In case of marriage fraud under Article 12 of the Law on Marriage and Family, the legal consequences of an illegal marriage are as follows:
o First, the two parties to the marriage must terminate the relationship as husband and wife.
+ In case, the two parties continue to maintain the relationship as husband and wife voluntarily, then there is no cheating. If the two parties want to establish a marriage, they have the right to go to the competent agency to carry out the procedures for re-marriage registration. In the event that either party or a third person commits acts of continuing to coerce or deceive the other party into maintaining the relationship as husband and wife against the will of the other party, the coerceer or deceiver may be dealt with. administrative violations or criminal handling as follows:
+ Handling of administrative violations: Acts of forcing marriage or cheating on marriage shall be subject to a fine of between VND 10 million and VND 20 million according to the provisions of Point c, Clause 2, Article 59 of Decree 82/2020/ND-CP.
Criminal handling: In case the act of forcing marriage or obstructing marriage has been administratively handled but still violates, the criminal penalty will be a warning, non-custodial reform for up to 03 month or imprisonment from 3 months to 3 years Article 181 of the 2015 Penal Code, amended and supplemented in 2017.
o Second, on property, obligations and contracts between the parties to be settled according to Article 16 of the Law on Marriage and Family 2014
+ On common property: division on the basis of agreement of the parties. In case no agreement can be reached, the court shall request the settlement.
Private property: belongs to each person separately.
+ The property settlement must ensure the legitimate rights and interests of children and women; Work; contributions and other benefits as prescribed by law.
o Third, about children is handled as divorce.
Parents have the obligation to care for, look after, raise and educate their minor children or adult children without working capacity and without property to support themselves.
If the parent does not directly care for, look after, raise and educate the child, the parent has the obligation to support and concurrently has the right to visit the child.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Regulations on marriage fraud under Vietnam law”
Contact LSX
Finally, hope this article is useful for you to answer the question about “Regulations on marriage fraud under Vietnam law” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- Handling fake marriage under Vietnam law
- What is hindering marriage under Vietnam law?
- Is same-sex marriage recognized in Vietnam?
Frequently asked questions
The legal consequences of an illegal annulment of marriage are:
When the illegal marriage is annulled, the two marriage parties must terminate their relationship as husband and wife.
Rights and obligations of parents and children shall be settled according to regulations on rights and obligations of parents and children upon divorce.
Property relations, obligations and contracts between the parties shall be settled according to the provisions of Article 16 of this Law.
According to the provisions of Clause 11 Article 3 of the Law on Marriage and Family 2014, sham marriage is an act of 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 other than to build a family. Thus, a fake marriage is not a marriage fraud, but these two acts violate the provisions of the marriage law.
According to the provisions at point c, clause 2, Article 59 of Decree 82/2020/ND-CP, acts of forcing marriage or cheating on marriage shall be administratively sanctioned with a fine ranging from VND 10 million to VND 20 million.
Conclusion: So the above is Regulations on marriage fraud under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
