From September 01, 2020, Husbands and Wives Do Not Recklessly Tear or Burn Marriage Certificates When Arguing

This is a notable content stipulated in Decree 82/2020/ND-CP on sanctioning administrative violations in the field of judicial support; judicial administration; marriage and family; civil judgment enforcement; bankruptcy of enterprises and cooperatives.

From September 1, 2020, couples be wary of tearing or burning the marriage certificate, Decree 82/2020/ND-CP

From September 1, 2020, couples be wary of tearing or burning the marriage certificate (Illustrative image)

To be specific, according to Clauses 3 and 7 of Article 4 of Civil Status Law 2014:

A marriage certificate is a document issued by a competent state authority to both parties when registering their marriage.

A civil status register is a paper register established and maintained at the civil status registration authority to record or confirm civil status events as stipulated in Article 3 of this Law.

At the same time, Clause 1 of Article 3 of the Civil Status Law 2014 requires confirmation in the civil status register upon the occurrence of a marriage event.

Thus, a marriage certificate is a civil status document prescribed by law, and if an individual tears, burns, or destroys the marriage certificate, it is considered a destruction of civil status documents; the civil status register will be subject to administrative sanctions, specifically with penalties as follows:

- According to Point a of Clause 4 of Article 45 of Decree 82/2020/ND-CP, from September 1, 2020 (the effective date of this Decree), the fine for this act ranges from 10,000,000 VND to 20,000,000 VND.- According to Point b of Clause 3 of Article 36 of Decree 110/2013/ND-CP, the fine for this act ranges from 3,000,000 VND to 5,000,000 VND. (This penalty applies only until August 31, 2020, when this Decree expires).

In addition to the aforementioned fines, the violator will also have the material evidence and means used in committing the administrative violation confiscated, which can be understood as the confiscation of the marriage certificate itself.

Therefore, if a couple experiences conflicts or arguments, no matter how angry they may become, they should never tear or burn the marriage certificate, because beyond the fines of up to 20 million VND, the marriage certificate will also be confiscated, leading to many legal repercussions in the future.

According to Decree 82/2020/ND-CP, fines ranging from 10,000,000 VND to 20,000,000 VND are also applied to administrative violations including:

- Unauthorized access, theft, or destruction of information in the electronic civil status database;- Taking advantage of civil status registration or avoiding civil status registration obligations to benefit from policies or other advantages for personal gain.

See more about the new penalties in Decree 82/2020/ND-CP, effective from September 1, 2020.

Le Hai

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