Does the Women’s Union have the right to request annulment of illegal marriage in Vietnam? What are the legal consequences of annulment of illegal marriage in Vietnam?
Does the Women’s Union have the right to request annulment of illegal marriage in Vietnam?
Pursuant to the provisions of Article 10 of the 2014 Law on Marriage and Family in Vietnam on the persons having the right to request annulment of illegal marriage as follows:
Persons having the right to request annulment of illegal marriage
1. A person who is forced or deceived into a marriage has, as prescribed by the civil procedure law, the right to request by himself/herself, or propose a person or an organization prescribed in Clause 2 of this Article to request, a court to annul his/her illegal marriage due to violation of Point b, Clause 1, Article 8 of this Law.
2. The following persons, agencies and organizations have, as prescribed by the civil procedure law, the right to request a court to annul an illegal marriage due to violation of Point a, c or d, Clause 1, Article 8 of this Law;
a/ The spouse of a married person who gets married to another person; parent, child, guardian or another at-law representative of a person who gets married illegally;
b/ The state management agency in charge of families;
c/ The state management agency in charge of children;
d/ The women’s union.
3. When detecting an illegal marriage, other persons, agencies or organizations have the right to propose an agency or organization prescribed at Point b, c, or d, Clause 2 of this Article to request a court to annul such marriage.
Thus, according to regulations, the Women’s Union has the right to request the Court to annul an illegal marriage due to the violation of the following contents:
- Underage for marriage: The man is full 20 years or older, the woman is full 18 years or older;
- The man and woman do not lose the civil act capacity;
- Sham marriage or sham divorce;
- Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
- A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;
- Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild.
Does the Women’s Union have the right to request annulment of illegal marriage in Vietnam? What are the legal consequences of annulment of illegal marriage in Vietnam?
What are the legal consequences of annulment of illegal marriage in Vietnam?
In Article 12 of the 2014 Law on Marriage and Family in Vietnam, the legal consequences of annulment of illegal marriage are specified as follows:
Legal consequences of the annulment of illegal marriage
1. When an illegal marriage is annulled, the two partners of such marriage shall stop their husband and wife relation.
2. The rights and obligations of parents and children shall be settled according to provisions on rights and obligations of parents and children upon divorce.
3. Property relations, obligations and contracts between the parties shall be settled according to Article 16 of this Law.
Thus, the legal consequences of annulment of an illegal marriage are determined as follows:
When annulling an illegal marriage, the two married parties must terminate their relationship as husband and wife.
- When an illegal marriage is annulled, the two partners of such marriage shall stop their husband and wife relation.
- The rights and obligations of parents and children shall be settled according to provisions on rights and obligations of parents and children upon divorce.
- Property relations, obligations and contracts between the parties shall be settled as follows:
+ Property relations, obligations and contracts between a man and woman cohabiting as husband and wife without marriage registration shall be settled under the partners’ agreement. In case there is no agreement, they shall be settled in accordance with the Civil Code and other relevant laws.
+ The settlement of property relations must ensure lawful rights and interests of women and children. Housework and other related work to maintain the cohabitation shall be regarded as income-generating labor.
What are the five fundamental principles of the marriage and family regime?
Pursuant to the provisions of Article 2 of the 2014 Law on Marriage and Family in Vietnam, the current marriage and family regime has the following principles:
- Voluntary, progressive and monogamous marriage in which husband and wife are equal.
- Marriage between Vietnamese citizens of different nationalities or religions, between religious and non-religious people, between people with beliefs and people without beliefs, and between Vietnamese citizens and foreigners shall be respected and protected by law.
- To build prosperous, progressive and happy families; family members have the obligation to respect, attend to, care for, and assist one another; to treat children without discrimination.
- The State and society and families shall protect and support children, elderly people and persons with disabilities in exercising marriage and family rights; assist mothers in properly fulfilling their lofty motherhood functions; and implement family planning.
- To perpetuate and promote the Vietnamese nation’s fine cultural traditions and ethics on marriage and family.
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