Date02/05/2018 | 11:41

Your question:

     My wife happens to have: a male member married to not register to register for his wife has not reached the age of marriage (child marriage). So far, so far, we have been confused in dealing with. Ask lawyers to guide the process and procedures to handle the above. Special thanks!

Lawyer's answer:

     Welcome, we offer the following advice:

Legal grounds:

Family and Marriage Law 2014
Rule 102-QD / TW disciplined party members violate
Decision 30-QD / TW implementing Chapter VII and Chapter VIII of the Party's Charter on the inspection, supervision and discipline of the Party
Advisory content on processing party members when the marriage is over
1. What is underage marriage?
According to Article 8 of the Marriage and Family Law regarding marriage conditions:

     "first. Men and women married must meet the following conditions:

     a) Men aged full 20 years and over, women aged full 18 years or older;

     b / The marriage is voluntarily decided by men and women;

     c / Having no capacity for civil acts;

     d) The marriage does not fall into one of the cases of marriage prohibition according to the provisions at Points a, b, c and d, Clause 2, Article 5 of this Law.

     2. The State does not recognize marriages between persons of the same sex. "

     According to the above regulation, women must be 18 years or older to marry. Therefore, underage age girls are not eligible to register for marriage. In this case, if the parties still conduct the marriage, they shall fall into the case of illegal marriage (Clause 6, Article 3 of the Marriage and Family Law).

     In addition, under Clause 8, Article 3 of the Marriage and Family Law, "underage marriage means the taking of a wife or a husband when one or both parties are under the age of marriage under the provisions of Point a, Clause 1 of Article 8. of this Law ". Thus, it is understandable that underage marriage is married, married when women are under 18 years old or men under 20 years old.

2. The process of handling party members when they get married
Pursuant to Clause 4, Article 2 of Regulation 102-QD / TW, four official forms of disciplinary action shall be imposed on members of the Party, including: reprimand, warning, removal from office; For members of the reserve, there are two forms of disciplinary action: reprimand, warning.

Party member seriously violates to the point of extinguishment, must disciplined for expulsion, not apply measures to remove the name, not accept the request to leave the Party. The commissioner violates the level of dismissal, must resign, not to stop serving.
A member of the reserve is subject to disciplinary action, the discipline of reprimand or warning and when the reserve period expires, the Party still proceeds to consider the official party members. If the violation to the extent of no longer qualified party members, remove the name on the list of members.
In addition, if Party members violate the law to the extent of being examined for penal liability, they must be examined for penal liability and:

No internal processing.
Being expelled from the penalty of non-custodial reform, the court shall be dismissed.
Sentenced by the court lower than the non-custodial reform penalty: depending on the degree of treatment, the remaining 3 forms shall be applied.
Regarding the discipline process of party members, pursuant to Regulation 30-QD / TW, there are two cases:

     Case 1: Party members commit violations not to the extent of being penalized or subjected to criminal penalties lower than non-custodial reforms (Article 39 of the Regulation No. 30-QD / TW).

Step 1: The party member violates the pre-party review and disciplines themselves.
* Party members in violation of the commission of the implementation of the self-criticism.

     * After discussion, comment and conclusion, the disciplinary vote.

Step 2: Before the disciplinary decision, the representative of the party organization is competent to hear the violating Party member present his / her opinion.
Step 3: Report the decision on discipline to the committee level, the higher level examination committee.
If a Party member commits a violation to more than one Party's leadership, it must report to the higher-level organs of which the Party is a member.

Step 4: The superior's decision to discipline the party organization and the violent party member must be reported to the subordinate where the party organization and party members violated.
Discipline Party members violate immediately after the announcement of the decision.

     Case 2: Party members commit violations to the extent of being examined for penal liability and are sentenced by the court to non-custodial reform (Article 40 of the 30-QD / TW).

Step 1: Within 3 working days after the competent agency makes arrest or urgent examination of Party members in violation, the head of such agency must notify in writing the Party organization directly managing such Party member.
Step 2: Considering the disciplinary measures Party members violate not necessarily awaiting the Court's conclusion or sentence. After a court judgment or ruling, if deemed necessary, the party organization has the disciplinary authority to review party discipline against that Party member.
Applicable to party members prosecuted, prosecuted or detained.

     Also note:

     * To expel the Party or remove its name from the list of Party members (not to the reserve members), not subject to the disciplinary procedures applicable to the case of being sentenced by the court to non-custodial reform. when the verdict takes effect.

     * Decisions for Party members to resume activities and disciplinary action in accordance with the process for the case of Party members in violation of court sentences lower penalties than non-custodial reform and after the sentence Have legal efficiency.

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