Can an unmarried wife meet her husband who has been temporarily detained?

I and my husband organized a wedding ceremony. However, when we have not yet registered the marriage, my husband was temporarily detained. When I came to visit my husband, the officials did not allow me to visit my husband because I am not his family member. Was it right?

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:

According to Clause 1, Article 4 of Circular No. 34/2017/TT-BCA issued by Ministry of Public Security on the detainees meeting their relatives; receiving gifts; send and receiving letters, books, newspapers and documents:

“1. It is stipulated in Clause 8, Article 3 of the Law on temporary detention and custody on the relatives visiting the persons in temporary detainment or detention.

According to Clause 8, Article 3 of the Law on temporary detention and custody 2015, “Relative of the person held in temporary detention or custody is the person having the parental and maternal relation; is the natural parents, adoptive parents, spouse’s husband, spouse, siblings, natural child, adopted child, son-in-law, daughter-in-law, parental and maternal grandparents of the person held in temporary detention or custody”.

Thus, the relatives mentioned above are allowed to visit the persons in temporary detainment or detention.

Besides, when visiting the persons in temporary detainment or detention, his/her relatives must present one of the documents regulated in Clause 2, Article 4 of Circular No. 34/2017/TT-BCA such as Identity card, passport, citizen identity card and certification of officers, soldiers and employees of the People's Army and the People's Police; a birth certificate in case the relative is under 14 years old; papers certifying the relationship with the person held in custody or temporary detention. In case the visitor does not have any documents proving his/her relationship, there must be a written request certified by the People's Committee or a competent agency. In case the visitor does not have any personal identification, the application for visiting must contain a photo of his/her and a photographic seal on that photo.

Based on the information provided by you, according to Clause 5, Article 3 of the Law on Marriage and Family 2014,“Getting married means a man and a woman’s establishment of the husband and wife relation according to the provisions of this Law on marriage conditions and registration.”

Thus, in the legal aspect, you both are not legal spouses. You are not his Relatives under Clause 8, Article 3 of the Law on temporary detention and custody 2015 and you are not allowed to visit the person you consider your husband when you don’t obtain any of the aforementioned documents.

That is the advice of FDVN to your request, based on the study of legal regulations. Hopefully FDVN's advice will be useful to you.

Legal expert: Nguyen Thi Suong

FDVN Law Firm

CONTACT US

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

336 Phan Chu Trinh, Hue City, Thua Thien Hue

Lawyers in Phu Quoc:

65 Hung Vuong, Duong Dong town, Phu Quoc island district

Lawyers in Quang Ngai:

359 Nguyen Du, Quang Ngai City, Quang Ngai Province.

Website: www.fdvn.vn www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com luatsulecao@gmail.com

Phone: 0935 643 666 - 0906 499 446

Fanpage: https://www.facebook.com/fdvnlawfirm/