What is the penalty for fake marriage to acquire foreign nationality?

by DungTran

What is the penalty for fake marriage to acquire foreign nationality? The purpose of marriage between a man and a woman is to build a family. However, there are many cases of taking advantage of marriage to acquire foreign citizenship. Let us learn about this topic with LSX law firm as follow:

What is fake marriage to acquire foreign nationality? Is it prohibited by law?

Fake marriage is forbidden marriage with foreigners under Vietnamese law. Accordingly, Clause 11 Article 3 of the Law on Marriage and Family 2014 defines as follows:

Fake marriage means taking advantage of marriage to exit, enter, reside, and naturalize Vietnamese or foreign nationality; enjoy the State’s preferential regime or achieve other purposes but not build a family.

Based on this definition, You can see that fake marriage is one of the illegal acts and includes the following characteristics:

– They have registered their marriage at a competent State agency;

– Either party or both parties have violated the marriage conditions by taking advantage of marriage to perform other purposes without building a family. In which Law will administratively sanction this behavior other definitions can be; mentioned:

– Exit, entry, residence, naturalization of Vietnam, foreign nationality;

– Enjoy the State’s preferential regime;

– Achieving goals other than building a family.

Simultaneously, fake marriage is; also prohibited in Point a, Clause 2, Article 5 of the Law on Marriage and Family.

From the above grounds; it can be affirmed that a fake marriage is; still guaranteed in terms of marriage registration procedures; so a marriage registration certificate is; still issued according to regulations. However, the purpose of marriage is not; guaranteed, not for the purpose of building a family, so fake marriage is one of the prohibited acts in Vietnam.

What is the penalty for fake marriage to acquire foreign nationality?

How to deal with fake marriage to get foreign nationality? As analyzed above, fake marriage to obtain foreign citizenship is a violation of the law. And Clause 3, Article 5 of the Law on Marriage and Family clearly states:

All acts of violating the law on marriage and family must be; handled strictly and lawfully.

Therefore, this behavior will be; administratively sanctioned according to Point d Clause 2 Article 59 of Decree No. 82/2020/ND-CP. Specifically:

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

[…]

d) Taking advantage of marriage to exit, enter, reside or naturalize Vietnamese or foreign nationality; enjoy the State’s preferential regime or to achieve other purposes but not to build a family;

Thus, those who fake marriage to acquire foreign nationality can be; fined from 10 to 20 million VND. Not only that, the violator is; also forced to return the illegal profits obtained from committing this violation.

In addition, based on Decree 112/2020/ND-CP of the Government, if civil servants and public employees violate regulations on marriage and family, including fake marriage, they may be; disciplined. Specifically:

– Civil servants:

Being; disciplined and reprimanded (Clause 9, Article 8);

To be warned if they have been; disciplined, reprimanded or violated for the first time, causing serious consequences (Clause 1, Clause 2, Article 9);

A civil servant who does not hold a leadership or managerial position will have his salary downgraded (Clause 2, Article 10) or a leading civil servant or manager will be; demoted if the first violation is; committed, causing very serious consequences (Clause 3, Article 11).

– Functionary:

Reprimand (Clause 9, Article 16);

Warn if you have been reprimanded or violated for the first time, causing serious consequences (Clause 1, 2, Article 17);

Removed from office upon first violation, causing very serious consequences (Clause 2, Article 18);

Forced termination of work if the violation is; committed for the first time, causing particularly serious consequences (Clause 2, Article 19).

Contact us

Finally, hope this article about Conditions to get; married with foreigners 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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