How much is the administrative penalty for forcing a person into marriage? What are the conditions for getting married in Vietnam?
Is it possible to force a person into marriage?
According to the provisions of Clause 2, Article 5 of the 2014 Law on Marriage and Family of Vietnam on the protection of the marriage and family regime as follows:
Protection of the marriage and family regime
…
a/ Sham marriage or sham divorce;
b/ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
c/ 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;
d/ 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;
dd/ Demanding property in marriage;
e/ Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;
g/ Giving birth with assisted reproductive technology for commercial purpose, commercial gestational surrogacy, prenatal sex selection, cloning;
h/ Domestic violence;
i/ Taking advantage of marriage and family rights for human trafficking, labor exploitation or sexual abuse or committing another act for self-seeking purposes.
Thus, the act of forcing a person into marriage is prohibited by the law on marriage and family.
How much is the administrative penalty for forcing a person into marriage? What are the conditions for getting married in Vietnam? (Image from the Internet)
How much is the administrative penalty for forcing a person into marriage?
According to Article 59 of Decree No. 82/2020/ND-CP, violations against regulations on marriage and divorce and violations against the monogamous marriage regime are prescribed as follows:
Violation against regulations on marriage and divorce and violations against the monogamous marriage regime
1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a) Being married or being married but married to another person, unmarried or unmarried but married to a person whom he or she clearly knows is married or is currently married;
b) Being married or married but living as husband and wife with another person;
c) Being unmarried or unmarried, but cohabiting as husband and wife with a person they know to be married;
d) Getting married or cohabitating as husband and wife between former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;
dd) Obstructing marriage, claiming wealth in marriage or obstructing divorce.
2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
a) Marrying or living together as husband and wife between people of the same direct blood line or between people who have the same surname within three generations;
b) Marrying or living together as husband and wife between adoptive parents and adopted children;
c) Forced marriage or fraudulently married; forced divorce or fraudulent divorce;
d) Taking advantage of marriage to exit, enter, reside or naturalize Vietnamese or foreign nationality; to enjoy the State's preferential regime or to achieve other purposes other than to build a family;
dd) Taking advantage of the divorce to evade property obligations, violate policies and laws on population or to achieve other purposes without the purpose of terminating the marriage.
3. Remedial measures:
Forcible return of illegal profits obtained from committing violations specified at Points d and dd, Clause 2 of this Article.
Thus, according to regulations, acts of forced marriage can be administratively penalized up to VND 20,000,000.
What are the conditions for getting married in Vietnam?
Pursuant to Article 8 of the 2014 Law on Marriage and Family of Vietnam, the conditions for getting married are as follows:
Conditions for getting married
1. A man and a woman wishing to marry each other must satisfy the following conditions:
a /The man is full 20 years or older, the woman is full 18 years or older;
b/ The marriage is voluntarily decided by the man and woman;
c/ The man and woman do not lose the civil act capacity;
d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.
2. The State shall not recognize marriage between persons of the same sex.
Thus, according to regulations, a man and a woman wishing to marry each other must satisfy the following conditions:
- The man is full 20 years or older, the woman is full 18 years or older;
- The marriage is voluntarily decided by the man and woman;
- The man and woman do not lose the civil act capacity;
- The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.
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