Is an illegal marriage annulled in Vietnam? Can relatives request an annulment of illegal marriage in Vietnam?

Can relatives request an annulment of illegal marriage in Vietnam?

I have a close nephew who, because his parents were in debt, forced him to marry a rich person when he was 17 years old. In this case, do I have the right to request the Court to annul this marriage?

Answer: Pursuant to Article 10 of the 2014 Law on Marriage and Family, it is stipulated that persons having the right to request annulment of illegal marriage as follows:

1. A person who is forced or deceived into a marriage has, as prescribed by the civil procedure law, the right to request by himself/herself, or propose a person or an organization prescribed in Clause 2 of this Article to request, a court to annul his/her illegal marriage due to violation of Point b, Clause 1, Article 8 of this Law.

2. The following persons, agencies and organizations have, as prescribed by the civil procedure law, the right to request a court to annul an illegal marriage due to violation of Point a, c or d, Clause 1, Article 8 of this Law;

a/ 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;

b/ The state management agency in charge of families;

c/ The state management agency in charge of children;

d/ The women’s union.

3. When detecting an illegal marriage, other persons, agencies or organizations have the right to propose an agency or organization prescribed at Point b, c, or d, Clause 2 of this Article to request a court to annul such marriage.

Thus, according to the above regulations in Vietnam, you do not have right to directly request the Court to issue a decision to annul the illegal marriage. However, you have right to request the State Management Agency for Family and Children or the Women's Union to request the Court to annul your nephew's illegal marriage.

Is an illegal marriage annulled in Vietnam?

My wife and I were both married when we were under 18 years old. Thanks to our acquaintance, my family asked someone to make a marriage certificate for us. Up to now, the women's union has discovered that they should request the Court to annul the illegal marriage. Now that we are both 22 years old and agree to this marriage, will our marriage be annulled?

Reply:

According to the provisions of Article 11 of the Law on Marriage and Family 2014 on handling of illegal marriage as follows:

1. A court shall handle illegal marriage in accordance with this Law and the civil procedure law.

2. In case at the time of a court’s settlement of a request for annulment of an illegal marriage, both partners fully satisfy the marriage conditions prescribed in Article 8 of this Law and request recognition of their marriage relation, the court shall recognize that relation. In this case, the marriage relation shall be established from the time both partners fully satisfy the marriage conditions as prescribed by this Law.

3. A court’s decision annulling an illegal marriage or recognizing a marriage relation shall be sent to the agency having registered that marriage for recording in the civil status register; to the two partners of the illegal marriage; and to related persons, agencies and organizations as prescribed by the civil procedure law.

4. The Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Supreme People’s Procuracy and the Ministry of Justice in, guiding this Article.

Thus, according to the regulations at the time the Court resolves the Court's request to annul an illegal marriage and both parties are eligible to marry and recognize the above marital relationship, the marital relationship will be recognized. So in case both of you are of age and recognize this marital relationship, the marital relationship will be recognized without being annulled in Vietnam.

Does biological brother have right to request the court for a divorce when his sister suffers domestic violence in Vietnam?

I have a younger sister who has been married for 1 year. In recent months, she shared with me that while living with her husband's family, she was often beaten. Now, do I have right to ask the court to resolve the divorce?

Reply:

Pursuant to Clause 2, Article 51 of the 2014 Law on Marriage and Family, the right to request settlement of divorce is stipulated as follows:

1. Husband or wife or both has or have the right to request a court to settle their divorce.

2. A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.

3. A husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

Thus, according to the information you provided, your sister, who is often beaten by her husband, is a victim of domestic violence. However, according to the above regulations in Vietnam, she must have a mental illness or another illness that makes she unable to perceive and control her behavior. Therefore, simply doing the above is not enough basis for you to make a request and the court can resolve it for you.

Article for further reference: Does a father or mother abandoning their child end the parent-child relationship?

Best regards!