What are the penalties for obstructing marriage unfer the current rehulations in Vietnam?
What is the requirement for age of man and woman when getting married in Vietnam?
Pursuant to the provisions of Article 8 of the Law on Marriage and Family 2014 on the conditions for getting married 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.
What are the prohibited acts in marriage and family in Vietnam?
Pursuant to the provisions of Clause 2, Article 5 of the Law on Marriage and Family 2014, the prohibited acts include:
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.
Accordingly, it is illegal in case Mr. A's parents prevent you and Mr. A from getting married. The act of Mr. A's parents may be administratively sanctioned or criminally prosecuted.
What are the penalties for obstructing marriage in Vietnam?
Pursuant to the provisions of Article 59 of Decree 82/2020/ND-CP as follows:
"Article 59. Violations against regulations on marriage, divorce and monogamy regime
1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts:
a) A married person getting married another, a unmarried person getting married a married person;
b/ A married person who cohabitates as husband and wife with another person;
c/ A married person who cohabitates as husband and wife with a married person;
d) Getting married or cohabiting as husband and wife between 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 VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts:
a) Getting married or cohabiting as husband and wife between people of the same direct blood line; relatives within three generations;
b) Getting married or cohabiting as husband and wife between adoptive parent and adopted child;
c/ Forcing a person into marriage; deceiving a person into marriage; Forcing a person into divorce; deceiving a person into divorce
d) Taking advantage of marriage to exit, enter, reside, naturalize Vietnam and foreign nationality; to enjoy the State's preferential treatment or to achieve other purposes that are not aimed at family building;
dd) Taking advantage of the divorce to evade property obligations, violate policies and laws on population or to achieve other purposes without aiming to terminate the marriage.
3. Remedies:
Forcibly remitting illegal profits obtained as a result of committing violations specified at Points d and dd, Clause 2 of this Article."
Based on the above provisions, the act of obstructing marriage of Mr. A's parents may be sanctioned for administrative violations with a fine ranging from VND 3,000,000 to VND 5,000,000.
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