Who has the right to request the annulment of illegal marriage in Vietnam?
Who has the right to request the annulment of illegal marriage in Vietnam? I was forced to get married to get rid of my debt, who do I have to ask to cancel this marriage for me? May I ask for the annulment of the marriage myself? How to deal with illegal marriage? Please advice.
Persons entitled to request the annulment of illegal marriage in Vietnam
Pursuant to Article 10 of the Law on Marriage and Family 2014, a person has the right to request the annulment of an 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, you may request the annulment of the marriage yourself because your case falls into the case of a person forced to marry under the provisions of the law on civil procedure in Vietnam, having the right to request or request individuals or organizations specified in Clause 2 of this Article to request the court to annul the illegal marriage. Because the marriage violates the regulations on marriage conditions, it must be decided voluntarily by men and women (at Point b, Clause 1, Article 8 of the Law on Marriage and Family 2014).
Handling illegal marriages in Vietnam
Pursuant to Article 11 of the Law on Marriage and Family 2014, the handling of illegal marriage is 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.
Best Regards!
