Are Party members subject to disciplinary action for marrying foreigners in Vietnam?

Are Party members subject to disciplinary action for marrying foreigners in Vietnam? (Internet image)

According to legal regulations in Vietnam, marriage is the establishment of a spousal relationship between a man and a woman according to the provisions of this Law concerning marriage conditions and marriage registration. Article 8 of the Law on Marriage and Family 2014 stipulates that for a marriage to be legally recognized, the man and woman must meet the following conditions:

- Men must be at least 20 years old, and women must be at least 18 years old;

- Marriage is voluntarily decided by both the man and the woman;

- Neither party has lost civil act capacity;

- The marriage does not fall under any prohibited cases, specifically:

- Sham marriage or divorce;

- Child marriage, forced marriage, fraudulent marriage, or marriage obstruction;

- A person who is currently married marries or cohabits as a spouse with another person, or an unmarried person marries or cohabits with a married person;

- Marrying or cohabiting as spouses among people related by direct bloodline, within three generations, between an adoptive parent and an adopted child, between a former adoptive parent and an adopted child, between a father-in-law and a daughter-in-law, between a mother-in-law and a son-in-law, between a stepfather and his wife’s children, or between a stepmother and her husband’s children.

Note: The State does not recognize same-sex marriages.

Additionally, according to the provisions of Article 25 of Regulation 102-QD/TW 2017, Party members will be disciplined if they violate regulations related to marrying foreigners in the following cases:

1. Disciplinary reprimand for Party members who violate one of the following cases, causing minor consequences:

- Having a child marry a foreigner or a Vietnamese residing abroad without honestly reporting in writing to the cell meeting and the governing party committee about the background, political attitude of the bride (or groom) and their biological parents.

- Knowing but allowing the child to marry a foreigner in violation of Vietnam's marriage and family laws.

2. Disciplinary warning or dismissal (if holding a position) for Party members who have been reprimanded but commit repeated offenses or particularly violate for the first time causing serious consequences, or commit one of the following cases:

- Having a spouse who is a foreigner or a Vietnamese residing abroad, or marrying a foreigner or a Vietnamese residing abroad without reporting to the directly overseeing party committee and the party committee where the member operates.

- Knowing but failing to prevent their child from marrying a foreigner or a Vietnamese residing abroad who has activities against the Communist Party and the State.

- Forcing their child to marry a foreigner or a Vietnamese residing abroad for personal gain.

- Brokering marriages between Vietnamese and foreigners in contravention of Vietnam’s legal provisions.

3. Disciplinary expulsion for Party members who were previously reprimanded, warned, or dismissed (if holding a position) causing very serious consequences, or committing one of the following cases:

- Deliberately marrying a foreigner or a Vietnamese residing abroad who does not meet the marriage conditions according to Vietnam's legal regulations.

- Marrying a foreigner or a Vietnamese residing abroad knowing that the person engages in serious criminal activities or has attitudes or actions against the Communist Party and the State.

- Marrying a foreigner or a Vietnamese residing abroad without reporting in writing to the cell meeting about the background of that person, or having reported but the authorized party organization disapproves and still deliberately proceeding.

- Deliberately concealing information from the party organization; forcing their child to marry a foreigner or a Vietnamese residing abroad against the regulations of the Communist Party and the law of the State.

Thus, according to the above regulations, there is no rule prohibiting Party members from marrying foreigners. If Party members meet the conditions specified in the Law on Marriage and Family, they can marry a foreigner. However, when Party members wish to marry a foreigner (including their children’s marriages), they must report to the cell meeting and the governing party committee for approval by the party organization. Party members violating regulations on marrying foreigners may face disciplinary actions, including reprimands, warnings, dismissals, or even expulsions from the Communist Party, depending on the severity of the violation.

The above are the consultation opinions of the editorial board of Lawnet on the issue of Party members marrying foreigners. It is hoped that this information can help our Esteemed Clients and Members, especially Party members, understand more about the legal and Communist Party regulations regarding marrying foreigners.

Ty Na

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