What is an illegal marriage in Vietnam? What are the differences between the annulment of illegal marriage and non-recognition of the spousal relationship in Vietnam?
What is an illegal marriage in Vietnam?
The concept of "illegal marriage" is defined in Clause 6, Article 3 of the 2014 Law on Marriage and Family in Vietnam as follows:
Illegally marriage means a man and a woman’s marriage already registered at a competent state agency in which either or both of them violate(s) the marriage conditions prescribed in Article 8 of this Law.
Thus, combined with Article 8 of the 2014 Law on Marriage and Family in Vietnam, it can be understood that an illegal marriage means a man and a woman’s marriage already registered at a competent state agency in which either or both of them violate(s) the following marriage conditions:
- Underage marriage: The man is full 20 years or older, the woman is full 18 years or older;
- The marriage is involuntarily decided by the man and woman;
- The man and woman 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;
- Marriage between persons of the same sex.
What is an illegal marriage in Vietnam? What are the differences between the annulment of illegal marriage and non-recognition of the spousal relationship in Vietnam?
Who has 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, persons having the right to request annulment of illegal marriage include:
- A person who is forced or deceived into a marriage.
- The following persons, agencies and organizations:
+ 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;
+ The state management agency in charge of families;
+ The state management agency in charge of children;
+ The women’s union.
- When detecting an illegal marriage, other persons, agencies or organizations have the right to propose an agency or organization to request a court to annul such marriage.
What are the differences between the annulment of illegal marriage and non-recognition of the spousal relationship in Vietnam?
Pursuant to the provisions of the 2014 Law on Marriage and Family in Vietnam. The differences between annulment of illegal marriage and non-recognition of the spousal relationship can be made as follows:
Criteria | Annulment of illegal marriage | Non-recognition of the spousal relationship |
Definition | The termination of the marriage relationship between a man and a woman who have registered their marriage at a competent state agency but one or both parties violate the marriage conditions. | The law does not recognize the marriage relationship between a man and a woman who live together as husband and wife but do not register their marriage. |
Implementation grounds | - Underage -marriage: The man is full 20 years or older, the woman is full 18 years or older; - The marriage is involuntarily decided by the man and woman; - The man and woman 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; - Marriage between persons of the same sex. | There is a request for divorce between people who do not register their marriage but live as husband and wife. |
Persons having the right to request annulment of illegal marriage | - A person who is forced or deceived into a marriage. - The following persons, agencies and organizations: + 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; + The state management agency in charge of families; + The state management agency in charge of children; + The women’s union. - When detecting an illegal marriage, other persons, agencies or organizations have the right to propose an agency or organization to request a court to annul such marriage. | One or both parties cohabit. |
Authority to declare | The People's Court | The People's Court |
Legal consequences | - 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. | Declaration of non-recognition of spousal relationship |
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