What are cases in which the law in Vietnam prohibits marriage registration?

Marriage is the establishment of a spousal relationship between a man and a woman according to legal regulations on marriage conditions and registration. Men and women have the right to freely register their marriage without anyone's interference; however, according to the legal regulations in Vietnam, there are certain cases where men and women are prohibited from marrying each other.

1. What are cases in which the law in Vietnam prohibits marriage registration?

According to Clause 2, Article 5 of the Vietnamese Law on Marriage and Family 2014, the protection policies for marriage and family are as follows:

Protection Policies for Marriage and Family

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2. The following acts are prohibited:

a) Fake marriage, fake divorce;

b) Child marriage, forced marriage, fraudulent marriage, obstructing marriage;

c) A person who is currently married to another person marries or cohabits as husband and wife with another person, or a person who is not married marries or cohabits as husband and wife with a person who is already married;

d) Marriage or cohabitation as husband and wife between people of direct bloodline; between people related within three generations; between adoptive parents and adopted children; between former adoptive parents and adopted children, father-in-law with daughter-in-law, mother-in-law with son-in-law, stepfather with the stepchild, stepmother with the stepchild;

dd) Demanding property in marriage;

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Thus, in Vietnam, men and women are prohibited from registering their marriage in the following 05 cases:

- Fake marriage;

- Child marriage, forced marriage, fraudulent marriage;

- A person who is already married marries another person;

- Marriage between people of direct bloodline, close relatives;

- Demanding property in marriage.

If falling under these prohibited cases but still "insisting" on living together as husband and wife or getting married, it will not be recognized or protected by the law, and may even be subjected to legal actions according to applicable laws.

2. What are administrative fines for illegal marriage in Vietnam?

According to Article 59 of the Decree 82/2020/ND-CP issued by the Government of Vietnam, the penalties for acts violating marriage, divorce regulations, and monogamy policies are prescribed as follows:

- Fines from 3,000,000 VND to 5,000,000 VND for any of the following acts:

+ A person who is already married marries another person or cohabits as husband and wife with another person, or a person who is not married marries or cohabits as husband and wife with another person who is already married;

+ A person who is already married cohabits as husband and wife with another person;

+ A person who is not married cohabits as husband and wife with another person who is already married;

+ Marriage or cohabitation as husband and wife between former adoptive parents and adopted children, father-in-law with daughter-in-law, mother-in-law with son-in-law, stepfather with the stepchild, stepmother with the stepchild;

+ Obstructing marriage, demanding property in marriage or obstructing divorce.

- Fines from 10,000,000 VND to 20,000,000 VND for any of the following acts:

+ Marriage or cohabitation as husband and wife between people of direct bloodline or between people related within three generations;

+ Marriage or cohabitation as husband and wife between adoptive parents and adopted children;

+ Forced marriage or fraudulent marriage; forced divorce or fraudulent divorce;

+ Exploiting marriage for the purpose of emigration, immigration, residence, nationality acquisition in Vietnam or a foreign country; benefiting from state policies; or other purposes not aimed at establishing a family;

+ Exploiting divorce to evade property obligations, violate population policies, or other purposes not aimed at terminating a marriage.

Additionally, violators are required to surrender any unlawfully obtained benefits from the following acts:

- Exploiting marriage for the purpose of emigration, immigration, residence, nationality acquisition in Vietnam or a foreign country; benefiting from state policies; or other purposes not aimed at establishing a family;

- Exploiting divorce to evade property obligations, violate population policies, or for other purposes not aimed at terminating a marriage.

Hence, individuals involving in illegal marriages in Vietnam will face administrative penalties ranging from 3,000,000 VND to 5,000,000 VND for acts of polygamy, marrying someone already married, or obstructing marriage/divorce. For acts of consanguineous marriage, coerced or deceptive marriage/divorce, or exploiting marriage/divorce for inappropriate purposes, the fines will range from 10,000,000 VND to 20,000,000 VND.

Regards!

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