How would you feel if you discovered that your marriage certificate was actually forged—created to deceive you in order to obtain Vietnamese citizenship? Is it possible to file for divorce, sever the relationship, or even request criminal prosecution of your partner? This article analyzes the situation, outlines the legal basis, and offers a clear path forward—so you won’t be caught off guard.

Sham Marriage in Vietnam – How the Law Views It

What is a sham marriage, and why is it prohibited?
According to Article 5 of the 2014 Law on Marriage and Family, a sham marriage is a marriage not intended to build a family, but to exploit legal procedures for personal gain—such as immigration, residency, or acquiring citizenship. These acts are explicitly prohibited under Point a, Clause 2 of Article 5.

Forms of punishment:

Administrative penalties: Under Decree 82/2020/ND-CP, Clause 2 Article 59, fines range from 10 to 20 million VND.
Repayment of illicit gains if income is earned through fraudulent procedures.
Disciplinary action against officials involved in administrative fraud.

Divorce After Discovering a Sham Marriage – Procedures and Consequences

What type of divorce applies when deception is involved?
If one party was tricked into marriage (e.g., by faking travel history or nationality), they may file a lawsuit to annul the marriage. In contested divorce cases, the court may determine that it was a sham marriage—not based on actual conflict but on ulterior motives. This constitutes a violation under Clause 2, Article 5, and legal proceedings for divorce can still move forward.

Legal consequences of a sham marriage:
As per Decree 82 and the Law on Marriage and Family:

❌ Administrative fines of 10–20 million VND and restitution of illicit benefits.
✖️ Court rulings: The marriage may be annulled, civil status restored, and records canceled. Legal ties to the deceptive party may be invalidated.

Can Criminal Proceedings Be Initiated?

Does the deception amount to criminal activity?
According to Article 182 of the Penal Code (violation of monogamous marriage), if someone uses deception to marry for personal gain—particularly to simulate a bigamous relationship—they may face criminal prosecution.

According to Article 341 of the Penal Code (forgery of seals and documents):

Falsifying residency or marriage documents may result in a fine of 30–100 million VND or up to 2 years’ imprisonment.
For organized acts, the sentence may be 2–5 years in prison.

Sham marriage brokering for foreigners – a more serious crime
If the sham marriage is arranged by a broker or an organized group with professional intent and profits between 50–200 million VND, the offender may face 7–15 years’ imprisonment under Clause 3, Article 139 of the Penal Code.

Criminal Liability – Potential Scenarios

Forgery of marriage/residency documents (Article 341): fine, re-education, or 6 months to 5 years’ imprisonment.
Fraudulent marriage for gain (Article 182): up to 3 years in prison.
Sham marriage brokerage (Article 139): 2–15 years depending on the scale and benefit.
Administrative penalties for fraudulent acts: 10–20 million VND plus recovery of gains.

What to Do If You’ve Been Deceived into a Sham Marriage in Vietnam

Step 1: Analyze the nature of the relationship

Check the true purpose of the marriage—was it meant to build a family?
If the intent was merely to gain residency or citizenship, the chances of annulment are high.

Step 2: File a civil lawsuit for annulment

Petition the court to annul the marriage certificate, remove it from official records, and restore your civil status. The court will apply Clause 1, Article 11 of the Law on Marriage and Family 2014.

Step 3: Request criminal investigation and restitution

Submit the case to the investigative authorities to examine acts of forgery, deception, and brokerage. Request that the relevant criminal statutes be applied.
Request administrative fines, recovery of illicit gains, and criminal charges if the evidence supports it.

Conclusion & Advice from Dedica Law in Vietnam

Clarify the marriage’s true nature: If it wasn’t intended to build a family but rather to facilitate immigration, you have full grounds to take legal action.
Prepare annulment documentation: This includes court orders, powers of attorney, and evidence showing fraudulent intent.
Request criminal prosecution if document forgery, deceit for personal gain, or brokering is discovered.
Follow proper legal procedures: This includes consular documents, translations, and verified paperwork if you're residing abroad.
Work with a Vietnamese lawyer to protect your rights, expedite the legal process, and pursue damages—including for harm to your reputation and dignity.