This is a notable content stipulated in Decree 82/2020/ND-CP on penalties for administrative violations in judicial assistance; judicial administration; marriage and family; civil judgment enforcement; bankruptcy of enterprises and cooperatives in Vietnam.
Article table of contents
Vietnam: From September 1, 2020, couples with conflict should not tear or burn the marriage certificate (Illustrative image)
According to Clauses 3 and 7 of Article 4 of Civil Status Law 2014:
A marriage certificate is a document issued by a competent authority to both parties when booking their marriage.
A civil status book exhabits a paper book made and kept at the civil status registration agency to certify or record civil status events specified in Article 3 of this Law.
At the same time, Clause 1 of Article 3 of the Civil Status Law 2014 requires confirmation in the civil status book upon marriage.
Thus, a marriage certificate is a civil status document prescribed by law, and if an individual tears, burns, or damages the marriage certificate, it is considered a destruction of civil status documents; the civil status book. That individual may face the following administrative penalties:
- According to Point a of Clause 4 of Article 45 of Decree 82/2020/ND-CP, from September 1, 2020 (the effective date of this Decree), a fine ranging from 10,000,000 VND to 20,000,000 VND will be imposed for this act.
- According to Point b of Clause 3 of Article 36 of Decree 110/2013/ND-CP, a fine ranging from 3,000,000 VND to 5,000,000 VND will be imposed for this act. (This fine will be imposed only until August 31, 2020, when this Decree expires.)
In addition to the above fines, the violator will also have the material evidence and exhibits used in committing the administrative violation confiscated, which can be understood as the confiscation of the marriage certificate itself.
Therefore, if a couple experiences conflicts or arguments, no matter how angry they may become, they should never tear or burn the marriage certificate because beyond the fines of up to 20 million VND, the marriage certificate will also be confiscated, leading to many legal repercussions in the future.
According to Decree 82/2020/ND-CP, a fine ranging from 10,000,000 VND to 20,000,000 VND will be imposed for administrative violations, including:
- Having unauthorized access, practicing theft, or destruction of information in the electronic civil status database;
- Taking advantage of civil status registration or avoiding civil status registration obligations to benefit from policies or other advantages for personal gain.
New penalties may be found in Decree 82/2020/ND-CP effective from September 1, 2020.
Le Hai
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