In the pursuit of a new life abroad, some individuals choose sham marriages as a “ticket” to citizenship. But is this truly a wise solution, or rather a path that exacts a price in terms of honor, legality, and even one’s future? This article clarifies the legal essence of sham marriages and the potential sanctions applicable in cases of violation.
1. What is a Sham Marriage?
According to Clause 11, Article 3 of the Consolidated Law on Marriage and Family:
“A sham marriage means the exploitation of marriage for the purpose of exit, entry, residence, acquisition of Vietnamese or foreign nationality; enjoyment of State incentives; or other purposes without the intention of establishing a family.”
Furthermore, sham marriage is expressly prohibited under Point a, Clause 2, Article 5.
Thus, while such marriages may fulfill formal requirements for marriage registration and result in the issuance of a Marriage Certificate, the court may declare the marriage null and void if evidence proves it to be sham.
In essence, the purpose of marriage in such cases is not genuine—lacking love or the desire to build a happy family—but is instead aimed at personal gain, such as acquiring foreign nationality, Vietnamese nationality, obtaining long-term residence visas, gaining property or inheritance, or evading legal obligations such as tax liabilities.
Accordingly, sham marriages contravene the fundamental principles of the marriage and family regime.
2. Right to Request Annulment of an Unlawful Marriage
Pursuant to Clause 2, Article 10, the following individuals and organizations are entitled to petition the court to annul an unlawful marriage that falls within the prohibited category of “sham marriage,” including for the purpose of acquiring foreign nationality:
- The lawful spouse of a person who contracts another marriage, or the parents, children, guardians, or other legal representatives of the individual engaging in the unlawful marriage;
- State agencies responsible for family management;
- State agencies responsible for child protection;
- The Women’s Union.
Accordingly, upon discovery of violations, these parties may request the court or competent authorities to promptly intervene and sanction the violators.
3. Legal Consequences of Violating the Marriage and Family Regime
Clause 3, Article 5 stipulates that all violations of marriage and family law must be strictly and lawfully handled. Consequences may include:
(i) Declaration of Nullity:
Under Article 10, if a sham marriage is discovered, the court may declare it invalid. Consequently:
- The spousal relationship will no longer be legally recognized;
- All rights arising from the marriage—such as those relating to property, children, or inheritance – will be annulled.
(ii) Administrative Sanctions:
Pursuant to Point d, Clause 2, Article 59 of Decree No. 82/2020/ND-CP:
“A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of exploiting marriage for the purpose of exit, entry, residence, acquisition of Vietnamese or foreign nationality; enjoyment of State incentives; or other purposes without the intention of establishing a family.”
Additionally, Clause 3 requires disgorgement of any illicit gains obtained through the violation.
(iii) Criminal Liability:
Violators may face criminal prosecution under the Penal Code for acts such as fraud, falsification of documents, or organizing sham marriages. Where acts involve coercion, violence, or intentional injury to force another into a sham marriage, penalties may include imprisonment, non-custodial reform, and compensation for material and moral damages.
(iv) Deportation or Entry Ban under Foreign Laws:
Certain jurisdictions impose severe penalties.
For example, in the United States, sham marriage can result in imprisonment of up to 10 years and fines of up to USD 250,000.
Marriage is a sacred institution protected by law with the purpose of building a happy and sustainable family. Exploiting marriage as a means to obtain foreign nationality not only violates the law but also entails significant legal and ethical risks. Even if initial administrative procedures are successfully navigated, sham marriage remains subject to severe penalties in many countries, including Vietnam.
📞 CONTACT LEGAL CONSULTANT:
TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Ha Noi Bar Association
Email: tmle@tlalaw.vn
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