A partner who is forced into marriage or deceived has the right to apply to the court himself or to propose to the public prosecutor to ask the court to annul the illegal marriage. Spouses, parents or children of spouses, child protection and protection committees and women`s associations have the right to apply to the court or to propose to the prosecutor`s office to annul illegal marriages. Mayfair recently appeared via Skype in front of a small audience at USC for a post-screening Q&A session. Her grandmother too, she said, entered into an arranged marriage. Her mother belonged to the first generation of women who were free to choose their partner. Even now, Mayfair said, although polygamy is illegal in Vietnam, a number of men are married to a woman, but also maintain other households with different women. Some authors say that polygamy is due to the preponderance of female births, but also to the desire to ensure the greatest posterity to the richest and most gifted. Marriage is the basis for the formation of the family, the unit of society. Marriage is not only a personal matter between husband and wife, but it also represents the interests of society, which is reflected in the fundamental functions and sustainability of the family.
Therefore, marriage must be governed by the law of the State and must prove and ensure two elements: the goodwill of the spouses and recognition by law. These two elements must be reflected in the provisions of matrimonial law. For marriage, Vietnamese law provides for marriage conditions and registration procedures, as well as the annulment of illegal marriages. The legal wife is called the woman of the first degree: “vo chinh”. It is an important part of the budget. She is the queen of the home. All concubines, servants, etc., owe their obedience; All children respect and honor her. In addition to polygamy, child marriage and consanguineous marriage remain the popular traditions of ethnic minorities in the province. After giving birth to her first 13-year-old daughter last year, Dương Văn Đính from Cư Pui community became a grandfather at the age of 34. Polygamy was recognized by feudal regimes.
But under Vietnam`s modern law, it was strictly forbidden to ensure the sustainability and happiness of the family, protect women`s position and rights in marriage and family, and ensure gender equality. In this sense, persons bound by de jure or de facto marriage are not allowed to marry. If a marriage involves a partner who has a wife or husband, such a marriage is considered illegal even if the other partner did not know that the first was married. -The Public Prosecutor`s Office has the right to ask the court to annul illegal marriages. Under current legislation, the Court of Justice has jurisdiction to rule on marriage annulment, and persons entitled to seek annulment of unlawful marriages include: In the event of the death of the father, all children of different wives receive the same amount. The first legal wife retains a permanent interest in her husband`s property. Each mother`s property is divided among her own children. The practice of polygamy among the Annamites is very different. The king of Annam has a large number of females, but even the largest mandarins rarely have more than four or five. In a remote village in the mountainous district of A Luoi, Thua Thien-Hue province, Kareng Penh lives happily with his two wives and their 17 children.
But polygamy aside, the trio`s relationship comes with another curve – Penh`s women are also sisters. If a marriage violates any of the conditions of the marriage, it is null and void and must be declared null and void. With regard to the legal consequences of annulment of unlawful marriages, section 17 of the Marriage and Family Relations Act 2000 obliges both male and female partners to terminate their relationship as husband and wife in the event of the annulment of an unlawful marriage. the interests of their children are treated as in cases where their parents are divorced; their property is treated on the principle that his personal property remains with him for a long time and that their joint property is divided by mutual agreement between the two partners; If they do not reach an agreement, they may ask the court to settle them, taking into account the contributions of each partner and taking into account the protection of the legitimate interests of women and children.- Other persons, agencies and organizations have the right to propose to the Public Prosecutor`s Office to examine illegal marriages and ask the court to annul them.