Hello LSX, I am 30 years old this year, I love a man and really want to marry him, but my family forbade me and him from getting married. So about the matter “What is hindering marriage under Vietnam law?” Let’s find out with LSX in the article below.
Legal grounds:
- Law on Marriage and Family 2014.
- Criminal Code 2015.
What is marriage?
Pursuant to Clause 5, Article 3 of the Law on Marriage and Family stipulates: “Marriage means the establishment of a husband and wife relationship by a man and woman in accordance with this Law on marriage conditions and marriage registration”.
Thus, marriage is the establishment of a husband and wife relationship by a man and a woman when the conditions for marriage are satisfied; and carry out marriage registration at competent agencies in accordance with law.
When getting married, the male and female parties must fully comply with the marriage conditions prescribed by the Law on Marriage and Family; and must register their marriage at a competent marriage registration agency; then the marriage will be recognized as legal; and between the parties, a husband and wife relationship arises before the law.
What are the conditions of marriage?
In Article 8 of the Law on Marriage and Family, the conditions for marriage are as follows:
“1. Men and women getting married must comply with the following conditions:
a) Men aged full 20 years or older, women aged full 18 years or older;
b) The marriage is voluntarily decided by the man and the woman;
c) No loss of civil act capacity;
d) 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.
2. The State does not recognize marriage between people of the same sex.”
Thus, the conditions for a legal marriage are:
First, the conditions for the age of marriage:
The Law on Marriage and Family stipulates that the age of marriage is based on the psycho-physiological development of people; based on the socio-economic conditions in our country. Marriage between a man and a woman is to establish the marital relationship – the basis of the family.
The family must perform its social functions. One of those functions is the reproductive function to maintain and develop the breed.
Therefore, the law stipulates that the marriage age for men is 20 years or older; female is 18 years or older. This regulation demonstrates the State’s concern for the health of men and women; ensure that men and women can take on the responsibilities of being a wife, husband, father and mother.
At the same time, this regulation also ensures that children are born healthy both physically and intellectually, can develop well to become useful citizens for society.
Second, there must be the voluntary consent of both men and women when getting married:
Completely voluntary in marriage means that the two parties decide to get married by themselves; and expressing the will is the desire to become husband and wife.
Each of the men and women is not affected by the other; or of any other person causing them to marry against their will. The willingness of the parties to get married is an important factor in ensuring that the marriage can last long and sustainably.
To ensure that the marriage is completely voluntary, those who want to get married must be present at the marriage registration office; submit a marriage registration form.
The law does not allow the appointment of a representative in the marriage registration; and at the same time do not allow the married people to be absent from the place where the marriage registration is held.
In addition, the law stipulates that marriage must be free from forced marriage; cheat to get married; or hinder voluntary and progressive marriage. Therefore, these cases are considered illegal marriages.
Third, the marriage does not fall into one of the cases where marriage is prohibited:
According to Clause 2, Article 5 of the Law on Marriage and Family, 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.
Fourth, prohibiting people who have lost their civil act capacity to get married:
According to the Law on Marriage and Family, when a man and a woman get married between them, marriage and family relations arise; and form a family. At the same time, it also stipulates the rights and obligations between husband and wife; between parent and child; stipulates the responsibilities of husband and wife towards the family and society.
Thus, after marriage, a man and a woman must perform obligations towards their wives and husbands; have to fulfill their obligations towards their children. But those who have lost civil act capacity are not able to perceive; and fulfill the responsibilities of being a wife, husband, father and mother.
Therefore, if they get married, it will affect the interests of the spouses; and their children. Therefore, the Marriage and Family Law prohibits them from getting married.
What is hindering marriage under Vietnam law?
Obstructing marriage means threatening, intimidating, tormenting, ill-treating, claiming property or other acts to prevent marriage of a person who is eligible for marriage.
Article 146 of the Penal Code provides:
A person who forces another person to marry against his or her own free will, obstructs another person from marrying or maintains a voluntary and progressive marriage relationship by torturing, ill-treating, mentally threatening or demanding of who have already been administratively sanctioned for this act or by other tricks but continue to commit it, shall be subject to warning, non-custodial reform for up to three years or a prison term of between three months and three years.
How is marriage hindering handled?
In Clause 2, Article 55 of Decree No. 167/2013/ND-CP, acts of preventing others from getting married, getting divorced, or hindering voluntary and progressive marriage by torturing, ill-treating, threatening spiritually or lovingly property or by other tricks may be subject to a warning or a fine of between VND 100,000 and 300,000.
In case the above acts have been administratively sanctioned but continue to commit, they may be examined for penal liability according to the provisions of Article 181 of the Penal Code 2015 on the crime of forced marriage or divorce. or hinder voluntary or progressive marriage, or hinder voluntary divorce.
Accordingly, offenders may be subject to warning, non-custodial reform for up to 3 years or imprisonment from 3 months to 3 years.
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Frequently asked questions
Those who violate this regulation, depending on the nature and seriousness of the situation, may be handled in one of the following forms:
– A fine of between 10 and 20 million dong according to the provisions of point c, clause 2, Article 59 of Decree 82 of the Government;
– A warning, non-custodial reform for up to 3 years or a prison term of between 3 months and 3 years according to the provisions of Article 181 of the Penal Code on the crime of forcing marriage, divorce or obstructing voluntary marriage; progress, hinder voluntary divorce.
According to Clause 11 Article 3 of the Law on Marriage and Family (HN&HD), fake marriage:
“Abusing marriage to exit, enter, reside, or naturalize Vietnamese; foreign nationality; enjoy the State’s preferential regime or to achieve other purposes but not to build a family.”
Thus, if anyone takes advantage of the marriage to perform the above acts, they are in the case of a fake marriage and are prohibited by
According to Clause 2, Article 5 of the Law on Marriage and Family, stipulates:
“2. The following acts are prohibited:
a) Fake marriage, fake divorce;
b) Child marriage, forced marriage, cheating on marriage, obstructing marriage;
c) A married person who marries or lives together as husband and wife with another person, or is unmarried or unmarried but marries or cohabits as husband and wife with a married person;
d) Marrying or living together as husband and wife between people of the same direct bloodline; 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;
d) Claiming wealth in marriage;…
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