5.4.1.1. A marriage in breach of the “one wife, one husband” regime may be recognized as lawful
Main tasks and practical skills:
- A marriage was conducted in the North before the Law on Marriage and Family 1959 took effect (Prior to 13 January 1960).
- A marriage was conducted in the South before the Law on Marriage and Family 1959 took effect in the South (Resolution No. 76/CP was promulgated on 25 March 1977 to announce the list of legal documents to be applied nationwide, including the Law on Marriage and Family 1959).
- Cases where an official or military officer has a spouse in the South who left for the North and married another person afterwards (Circular No. 60/TATC dated 22 February 1978 of the SPC).
5.4.1.2. Recognizing a marriage without marriage certificate as lawful
Main tasks and practical skills:
- Spouse relation established before the Law on Marriage and Family 1986 took effect, i.e. before 3 January 1987 (Point a of Item 3 of Resolution No. 35/2000/NQ-QH10) shall be encouraged to register marriage (late registration). The registration is not compulsory. The legitimate period of marriage shall be calculated from the date when their marital relation was established (from the date when they lived together).
- Spouse relation established during the period when the Law on Marriage and Family 1986 was in force (from 3 January 1987 to 1 January 2001). Note that:
- From 1 January 2001 to 1 January 2003, it was possible to register the marriage (late registration). If the registration was conducted in this period, the legitimate period of marriage would be calculated as from the time when the spouse relation was established (Point b of Item 3 of Resolution 35/2000/NQ-QH10; Article 7 of Decree No. 77/2001/ND-CP).
- In cases where procedures for registering the marriage were conducted within the time limit (from 1 January 2001 to 1 January 2003) but the registration was not finished within such time limit, the spouse relation would still be recognized as registered within the time limit (Conclusion No. 84a/UBTVQH11).
- Criteria for determining «an established spouse relation» are specifically provided in Point d of Section 2 of Inter-Circular No. 01/2001/TTLT-TANDTC-VKSNDTC-BTP dated 3 January 2001.
5.4.1.3. Marriage in breach of the age for getting married
Main tasks and practical skills:
- The age for getting married shall be «20 years of age for male and 18 for female» (Point 1 of Section 1 of Resolution No. 02/2000/NQ-HDTP).
- At the time when the dispute occurs or at the time of the divorce, if both parties reach the age for getting married and have had a period of living together, the divorce shall be resolved in accordance with general procedures (Point d.1. of Section 2 of Resolution No. 02/2000/NQ-HDTP).
5.4.1.4. The circumstances, which are not subject to revocation of illegal marriage and cannot be divorced, shall be declared not to be wife and husband
Main tasks and practical skills:
- The marriage has a marriage certificate not granted by a competent agency as provided in Article 12 of the Law on Marriage and Family (Point b of Section 2 of resolution No. 02/2000/NQ-HDTP).
- The marriage has a marriage certificate which is not in accordance with formalities provided in Article 14 of the Law on Marriage and Family (Point c of Section 2 of Resolution No. 02/2002/NQ-HDTP).
- Cases where the couple live together as from 3 January 1987 and have not registered the marriage since 3 January 1987.
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