What is the administrative penalty for providing untruthful documents about marital status to carry out marriage registration procedures in Vietnam?
- Does the law prohibit providing untruthful information and documents about marital status to carry out marriage registration procedures in Vietnam?
- What is the administrative penalty for providing untruthful information and documents about marital status to carry out marriage registration procedures in Vietnam?
- What documents are required for marriage registration? Which agency is competent to perform marriage registration?
Does the law prohibit providing untruthful information and documents about marital status to carry out marriage registration procedures in Vietnam?
Prohibited acts on civil status are specified in Clause 1, Article 12 of the 2014 Law on Civil Status of Vietnam as follows:
Prohibited acts
1. Individuals are prohibited from committing the following acts:
a/ Providing untruthful information and documents, forging or using forged papers or papers of other persons for civil status registration;
b/ Threatening, coercing or hindering the exercise and performance of the civil status registration right and obligation;
c/ Illegally intervening in civil status registration activities;
d/ Making false undertakings or witness statements for civil status registration;
dd/ Forging, modifying and falsifying contents of civil status papers or information in the civil status database;
e/ Giving bribes and promising material or spiritual benefits in order to obtain civil status registration;
g/ Abusing the civil status registration or shirking the civil status registration obligation for self-seeking purpose, enjoying the State’s preferential policy or earning illicit profits in whatever forms;
h/ Persons competent to decide on civil status registration making civil status registration for themselves or their relatives under the Law on Marriage and Family;
i/ Unduly accessing, hacking and destroying information in the civil status database.
Thus, according to regulations, it is strictly prohibited for individuals to provide untruthful information and documents; forging or using forged papers or papers of other persons for civil status registration.
What is the administrative penalty for providing untruthful documents about marital status to carry out marriage registration procedures in Vietnam? (Image from the Internet)
What is the administrative penalty for providing untruthful information and documents about marital status to carry out marriage registration procedures in Vietnam?
Pursuant to Article 38 of Decree No. 82/2020/ND-CP, violations against regulations on marriage registration are prescribed as follows:
Violation against regulations on marriage registration
1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for erasing, correcting, falsifying the contents of papers issued by competent agencies, organizations or persons to carry out marriage registration procedures.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a) Allow another person to use his/her own papers to carry out marriage registration procedures or use another person's papers to carry out marriage registration procedures;
b) Providing untruthful information, documents or making false commitments or statements about marital status to carry out marriage registration procedures.
3. Additional penalties:
Confiscate material evidences which are papers and documents that have been erased or modified to falsify their contents, for violations specified in Clause 1 of this Article.
4. Remedial measures:
To propose competent agencies, organizations and persons to consider and handle the issued marriage certificates due to violations specified in Clauses 1 and 2 of this Article; papers and documents have been erased or corrected to falsify the contents specified in Clause 1 of this Article.
Thus, acts of providing untruthful information and documents about marital status to carry out marriage registration procedures can be administratively penalized up to VND 5,000,000. In addition, the person who commits the violation must take the remedial measure, which is to propose the competent agency, organization or person to consider and handle the issued marriage certificate due to the act of committing the act of violation specified in Clauses 1 and 2 of this Article.
What documents are required for marriage registration? Which agency is competent to perform marriage registration?
According to Article 18 of the 2014 Law on Civil Status of Vietnam on the marriage registration procedures as follows:
Marriage registration procedures
1. The male and female partners shall submit the marriage registration declaration, made according to a set form to the civil status registration agency and must be both present at the time of marriage registration.
2. Immediately after receiving complete papers specified in Clause 1 of this Article, if seeing that the marriage conditions are fully met in accordance with the Law on Marriage and Family, the justice and civil status officer shall record the marriage in the civil status book and together with the male and female partners sign in the civil status book. The male and female partners shall both sign the marriage certificate; the justice and civil status officer shall report to the chairperson of the commune-level People's Committee to organize the handover of the marriage certificate to the couple.
In case of necessity to verify the marriage conditions of the male and female partners, the time limit for settlement is 5 working days.
Thus, according to regulations, the male and female partners shall submit the marriage registration declaration, made according to a set form to the civil status registration agency and must be both present at the time of marriage registration.
At the same time, according to Article 17 of the 2014 Law on Civil Status of Vietnam stipulating the competence to register marriage and contents of marriage certificates as follows:
Competence to register marriage and contents of marriage certificates
1. Commune-level People's Committees of the place of residence of either of the male and female partners shall make marriage registration.
2. A marriage certificate must contain the following information:
a/ Family name, middle name and first name; birthdate; ethnicity; citizenship; place of residence; information about personal identity papers of male and female partners;
b/ Date of marriage registration;
c/ Signatures or fingerprints of male and female partners and certification of the civil status registration agency.
Thus, according to regulations, the commune-level People's Committee of the place of residence of either of the male and female partners shall make marriage registration.
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