Marriage

Marriage

Article 8. Conditions married

1. Men and women are married must comply with the following conditions:

a) between full 20 years or older and women aged 18 and older;

b) The marriage by men and women decide voluntarily;

c) Do not lose the capacity for civil acts;

d) The marriage is not in one of the cases of marriage prohibition as stipulated in points a, b, c and d, Clause 2, Article 5 of this Law.

2. The State does not recognize marriage between people of the same gender.

Article 9. Registration of marriage

1. The marriage must be registered and issued by the competent State agencies comply with the provisions of this Law and the law on civil status.

The marriage is not registered under the provisions of this paragraph shall not have legal value.

2. The couple divorced want to reset the conjugal relationship, they must register their marriage.

Article 10. Persons entitled to request the annulment of the marriage is unlawful

1. The forced marriage, marriage deceived, as stipulated by the law on civil procedure, may themselves require or recommend individuals and organizations specified in paragraph 2 of this Article requests court to annul the marriage is unlawful because the marriages violate the provisions in Clause 1, Article 8 of this Law.

2. Individuals, agencies and organizations of the following, as stipulated by the law on civil procedure, may request the Court to annul the marriage is unlawful because the marriages violate the provisions in points a , c and d, Clause 1, Article 8 of the Act:

a) Spouses of people who had a wife, a husband, but married to someone else; father, mother, child, guardian or other legal representative of the marriage is unlawful;

b) bodies of state management of the family;

c) State management agency on children;

d) Women's Union.

3. Individuals, agencies and other organizations to detect illegal marriages, they may request the agencies, organizations defined at Points b, c and d, Clause 2 of this Article may request the Court to annul unlawful marriage.

Article 11. Handling of illegal marriages

1. Dealing with illegal marriages performed by the Court under the provisions of this Law and the law on civil procedure.

2. If at the time of the Court to resolve a request to cancel the marriage is unlawful marriage that both parties had to marry all the conditions stipulated in Article 8 of this Law and the requirements of both parties recognize marital relations, the Court recognized that marriage relationship. In this case, the marriage relationship is established from the time the party is eligible to marry under the provisions of this Law.

3. The decision of the Court on the cancellation of the marriage is unlawful or recognized marriage relationship must be sent to the agency performed the marriage registration in the register of civil status to record; both parties unlawful marriage; individuals, agencies and organizations concerned under the provisions of the law on civil procedure.

4. The Supreme People's Court shall, in collaboration with the Institute of the Supreme People's Procuracy and the Ministry of Justice guidelines of this article.

Article 12. The legal consequences of the annulment of the marriage is unlawful

1. When the marriage is annulled, unlawful marriage both parties to terminate the relationship as a couple.

2. The rights and obligations of parents, children are settled in accordance with the provisions on the rights and obligations of parents, children upon divorce.

3. Property Relations, and contractual obligations between the parties shall be settled in accordance with the provisions of Article 16 of this Law.

Article 13. Handling of marriage registration ultra vires

In case the marriage registration is ultra vires the request, state agencies authorized to recover, cancel the marriage certificate under the provisions of the law on civil status and requests the two sides actually repeat the marriage registration at the state agency having jurisdiction. In this case, the marriage shall be established from the date of registration of marriage before.

Article 14. Dealing with the consequences of the men and women living together as husband and wife without marriage registration

1. Men and women are eligible to marry under the provisions of this law living together as husband and wife without marriage registration shall not give rise to rights and obligations between husband and wife. The rights and obligations with respect to the assets and obligations and the contract between the parties shall be settled in accordance with the provisions of Article 15 and Article 16 of this Law.

2. In the case of men and women living together as husband and wife under the provisions of paragraph 1 of this article, but then make the registration of marriages in accordance with the law, the marriage relationship is established from the time marriage registration.

Article 15. The rights and obligations of parents and children in the case of men and women living together as husband and wife without marriage registration

The rights and obligations of men and women living together as husband and wife and children are settled in accordance with the provisions of this law on the rights and obligations of parents and children.

Article 16. Settlement of property relations, obligations and contracts of the men and women living together as husband and wife without marriage registration

1. Relationship assets, obligations and contracts of the men and women living together as husband and wife without marriage registration are resolved by agreement between the parties; in case no agreement is resolved according to the provisions of the Civil Code and other provisions of the relevant legislation.

2. The settlement of property relations to ensure the rights and legitimate interests of women and children; housework and other tasks related to maintaining public life are considered as labor income.

Related Articles
Divorce

Divorce

Article 51 Right to request a divorce settlement 1. Husband and wife or both of them may request the Court to settle the divorce. 2. Parents, other relatives may request the Court to settle a ...
The rights and obligations of the personal

The rights and obligations of the personal

Article 17: Equality of rights and obligations between the spouses Husband and wife are equal, with rights and equal obligations in all aspects of the family, in the implementation of the rights ...
General provisions

General provisions

Article 1. Scope This Law regulates the regime of marriage and family; legal standards for behavior between family members; responsibility of individuals, organizations, state and society in the ...


Legislation

Dated 07.15.2016, the Ministry of Labour - Invalids and Social Affairs issued Circular 23/2016 / TT-MOLISA guiding the adjustment of pensions and social insurance allowances and monthly allowances under Decree 55 / 2016 / ND-CP. Accordingly, the calculation of specific guidelines and time salary ...

Read more

Reply voters Tien Giang Province, the Ministry of Finance said that, next time, the Ministry of Finance will continue to implement synchronous measures to limit prevents the abuse of transfer pricing to evade state taxes. One of them is the Government issued a decree on transfer pricing, to reduce ...

Read more

Here are 06 new policies in the field of taxes and fees came into effect from 11th - 08.20.2016. 1. New guidelines on value-added tax refund (VAT) According to Circular 99/2016 / TT-BTC (effective from 08.13.2016), the time limit for VAT refund for VAT refund cases before examination be ...

Read more

Dated 07.15.2016, the State Auditor General signed Decision 02/2016 / QD-SAV promulgating auditing standards system state. Whereby: You Nguyen - The system includes 39 state audit standards and Glossary used in the system of state audit standards, with the codes and specific name. - To ...

Read more
Stories law
Clarification
Clarification bus collision kills 10 graders

During the past several months, the victim's mother Le Thi Linh travel uninterrupted petition ...

Trouble
Trouble inherit savings books

In recent years the passbook inheritance gradually becoming popular. To receive these payments, the ...

Selling
Selling land plots are not separate, can still be a co

Judicial body that is not wrong, but jobs on the local government banned because of concerns the ...

Hot news
Allowing
Allowing builders wrong, the former owner or the new owner to pay a fine?

Acts of administrative violations had decided administratively sanctioned but not yet implemented, ...

Divorced,
Divorced, returned to public life is recognized spouse?

2013, we were treated to a divorce court, each raising a child. Recently, we moved to live together ...

Unregistered
Unregistered marriages have been common names in the red book?

Exchanging the program "Three minutes and lawyer" of the Reuters report, lawyer Nguyen ...

Website design services Oil and gas equipment suppliers Vietnam