If my husband is jealous, secretly reads messages and manages meeting friends of mine, will he break the law in Vietnam?

If my husband is jealous, secretly reads messages and manages meeting friends of mine, will he break the law in Vietnam?

Excuse me, my husband is jealous. Regularly manage my communication, meet friends and read my messages. May I ask if my husband's actions are illegal? Thank you.

Reply:

Article 17 of the Law on Marriage and Family 2014 stipulates equality in rights and obligations between husband and wife as follows:

Husband and wife are equal, having equal rights and obligations in all family affairs and in the performance of citizens’ rights and obligations prescribed in the Constitution, this Law and relevant laws.

Article 21 of the 2013 Constitution provides as follows:

1. Everyone has the right to inviolability of private life, personal secrets and family secrets; and has the right to protect his or her honor and reputation.

The security of information about private life, personal secrets or family secrets shall be guaranteed by law.

2. Everyone has the right to privacy of correspondence, telephone conversations, telegrams and other forms of private communication.

No one may illegally break into, control or seize another’s correspondence, telephone conversations, telegrams or other forms of private communication.

According to this Article, husband and wife are equal in all aspects, each person has the obligation to respect, preserve and protect each other's honor, dignity and prestige in Vietnam.

It is illegal to read your text messages without your permission. He can be administratively sanctioned or prosecuted for criminal liability depending on the severity of the behavior in Vietnam.

Is it illegal to marry a wife born in 2005 in Vietnam?

Hello. Let me ask you, I am getting married, but my girlfriend was born in 2005. Is it possible to get married and register for marriage? Have I broken the law?

Reply:

Marriage means the relation between husband and wife after they get married in accordance with this Law on marriage conditions and marriage registration.

Men and women getting married must comply with the following conditions (Clause 1, Article 8 of the Law on Marriage and Family 2014):

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.

Clause 2, Article 5 of the Law on Marriage and Family 2014 prohibits the following acts:

2. The following acts are prohibited:

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;

According to you, you want to marry someone born in 2005, which means that you have not met the conditions for marriage, you have to wait until she is old enough to have a wedding. If at this time you are in a hurry to get married right away, this is an act of child marriage and the person who organizes the wedding for the two of you will be administratively sanctioned for this act or prosecuted for criminal liability in Vietnam (if the which has been administratively sanctioned).

Penalties for organizing child marriage:

Article 58 of Decree 82/2020/ND-CP on sanctioning administrative violations to supplement judicial administrative and judicial regulations:

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for organizing the marriage or marriage of a person under age for marriage.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for maintaining an illegal husband-wife relationship with an underage person even though there is a legally effective judgment or decision of the spouse. Court.

Is it illegal in Vietnam to get married to enter a foreign country? 

I am studying in the US and want to live and work here for a long time. Through an overseas Vietnamese friend, I learned about the "service" for Vietnamese people to stay abroad, which is a fake marriage with a local. They said that me and the other person could go back to Vietnam to carry out the marriage procedure easily because in the US people verify many things, they cover from A to Z the cost is about 50,000 USD. However, I find this way quite unsafe, is it illegal under Vietnamese law?

Reply:

Pursuant to the 2014 Law on Marriage and Family, marriage is the establishment of a husband and wife relationship by a man and woman, including conditions for marriage and marriage registration according to which:

- Marriage must be conducted on the basis of legal principles in order to build a happy and progressive family. The law does not allow fake marriage, and at the same time sets out sanctions to handle this.

Pursuant to Article 3 of the Law on Marriage and Family 2014 stipulates:

11. Sham marriage means making use of a marriage for the purpose of immigration, residence or naturalization in Vietnam or a foreign country; for enjoying preferential regimes of the State or for another purpose other than that of building a family.

Besides, Article 8 of the Law on Marriage and Family 2014 also states:

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. 

+ Sham marriage or sham divorce

Therefore, the case of fake marriage for any purpose is prohibited. This marriage will be annulled by the Court at the request of the subject who has the right to request an annulment of the illegal marriage according to regulations in Vietnam. Thus, it can be seen that the fake marriage to carry out immigration procedures abroad is a potential risk, so you need to consider carefully before making a decision.

In addition, according to Article 59 of Decree 82/2020/ND-CP stipulating penalties for administrative violations in the field of judicial assistance, judicial administration, marriage and family, and civil judgment enforcement. According to this Article, people get married artificially to exit or enter the country; naturalization of Vietnam, foreign nationality... will be administratively sanctioned with a fine of 10-20 million Vietnam dong

Best regards!