What is a marriage contract? Is the marriage contract illegal?

by DungTran

What is a marriage contract? Is the marriage contract illegal in Vietnam? Fake marriage can be fined up to 20 million VND in Vietnam. Let us learn about this topic with LSX law firm as follow:

What is a marriage contract?

Marriage contract regulations under Vietnamese Law. A contract is an agreement between parties on the establishment, change; or termination of 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.

However, in the marriage relationship, currently, Vietnamese law does not have specific regulations on what a marriage contract is. Still, the Law on Marriage and Family mentioned an Agreement on the property of husband and wife before marriage. This can be; considered as one of the forms of the current marriage contract.

Meanwhile, at present, the concept of a marriage contract is; used by many people to agree on marital relations; including marriage, divorce, rights and obligations of husband and wife, parents and children, granting nursing…

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.

Contact us

Finally, hope this article about Cases of not being able to registering marriage in Vietnam is helpful for you!

In case you have any questions, don’t hesitate to get in touch with Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn.

Related questions

How much is the marriage registration fee?

Accordingly the provisions of Circular 85/2019/TT-BTC; the fee for marriage registration will depend on each region.

Why spouses have to register marriage?

Thus marriage registration is a legal procedure, the basis for the law to protect the rights and obligations of each person.

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