What is child marriage? What are the penalties for child marriages and organizing child marriages in Vietnam?

Hello, Lawnet would like to answer as follows:

1. What is child marriage?

Child marriage is the practice of getting married when one or both parties are not of legal age to marry. Currently, the age eligible for marriage is: men are 20 years old or older, and women are 18 years old or older. (Point a, Clause 1, Article 8 of the Law on Marriage and Family 2014)

Harmful effects and consequences of child marriage

Child marriage causes many harmful effects and serious consequences for individuals, families, and society, specifically as follows:

- For individuals

+ Affects health: Puberty is the period when the body is developing and perfecting; getting married early causes the body to not have time to fully develop, making it susceptible to gynecological diseases, reproductive diseases, postpartum diseases,...

+ Causes difficulties in learning and development: Children in early marriage often drop out of school to take care of their families and children, leading to a lack of knowledge and skills and difficulties in finding jobs and self-development.

+ Causes loss of opportunities for happiness: Child marriage is often forced by the family, not based on love and willingness, easily leading to conflicts in the family, affecting the happiness of both parties.

- For family

+ Causes racial degradation: Children born through child marriage often have weak health, are susceptible to genetic diseases, and affect population quality.

+ Causes difficulties in economic development: Families with children in early marriage often have difficulty raising children, affecting the family's economic development.

- For society

+ Increases social evils: Child marriage creates conditions for social evils such as domestic violence, prostitution, etc. to develop.

+ Contributes to the decline of social morality: child marriage is a violation of the law, demonstrating a lifestyle of ignorance and a lack of respect for human rights.

Thus, child marriage is when a man and a woman get married when they are under the legal age. At the same time, child marriage is one of the cases where marriage is prohibited to protect marriage and families.

2. What are the penalties for child marriages and organizing child marriages in Vietnam?

For acts of child marriage, child marriage organizations will be subject to administrative sanctions and may also be prosecuted for criminal liability if there is a serious level of violation, specifically:

- According to the provisions of Article 58 of Decree 82/2020/ND-CP on penalties for child marriage and organizing child marriage:

+ Fine from 1,000,000 VND to 3,000,000 VND for organizing marriages for people under the age of marriage.

+ Fine from 3,000,000 VND to 5,000,000 VND for illegally maintaining a conjugal relationship with a person under the age of marriage despite a legally effective judgment or decision of the Court.

- In addition, serious violations of child marriage may be subject to criminal penalties for organizing child marriage or having sex with children, as follows:

Fine from 10,000,000 VND to 30,000,000 VND or non-custodial reform for up to 02 years: Anyone who organizes marriages for people under the age of marriage has been administratively sanctioned for this act and continues to violate it. (Article 183 of the 2015 Penal Code, amended and supplemented in 2017)

Thus, the act of child marriage and organizing child marriage will be administratively sanctioned with a fine ranging from 1,000,000 VND to 3,000,000 VND.

In cases of serious violations or repeated violations, they may be prosecuted for criminal liability for organizing child marriage with a fine of up to 30,000,000 VND or non-custodial reform for up to 2 years.

3. Some backward marriage and family practices which should be eliminated through mobilization in Vietnam 

- Getting married before the ages prescribed by the Law on Marriage and Family.

- Marriage registration is not carried out by competent state agencies.

- Forcing marriages due to physiognomy and astronomy reading and superstition; obstructing marriages due to ethnic and religious differences.

- Prohibiting marriages between relatives of the fourth generation on.

- Forcing the son-in-law to stay matrilocally to work for his parents-in-law after the marriage if his family has no money for wedding and no wedding presents.

- The family ties are patriarchal or matriarchal, failing to ensure the equality between wife and husband as well as between girls and boys.

+ Patriarchy:

Upon the divorce, if at the wife’s request, the wife’s family must return to the husband’s family all the wedding presents and other costs; if at the husband’s request, the wife’s family must still return to the husband’s family half of the wedding presents. After the divorce, if the woman remarries, she is not allowed to enjoy and take any property with her. After the divorce, the children must live with their father.

When the husband dies, the widow is not entitled to the heritance left behind by the husbands. If the widow remarries, she is not allowed to enjoy and take any property with her.

When the father dies, only sons are entitled to the heritance left behind by the late father.

+ Matriarchy:

The children are forced to bear their mother’s family name.

When the wife dies, the widower is not allowed to enjoy the heritance left behind by his late wife and to take his personal property home.

When the mother dies, only daughters are entitled to enjoy the heritance left behind by their late mother.

After his matrilocality, if the son-in-law is denied the marriage or after the betrothal ceremony and the wedding offerings being accepted, the son-in-law is denied the marriage, he will not be compensated therefor.

- Rejecting marriages between people of different ethnic groups or between people of different religions.

(Pursuant to the Appendix issued with Decree 126/2014/ND-CP)

Best regards!

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