Nowadays, society is increasingly progressive. Many people are more open to express their sexual orientation, so this community in Vietnam is growing significantly. Same-sex marriage can be understood as a marriage between people of the same biological sex, which can be between two men or between two women. Now, let’s find out with LSX with the matter “Vietnamese law on same-sex marriage” through the article below.
Legal grounds:
- Law on Marriage and Family 2014
- Civil Code 2015
What is same-sex marriage?
Same-sex marriage is simply understood as the marriage of people of the same sex or they are also known as homosexuals. In fact, researchs show that homosexuality is not a disease like human prejudice but it is understood as a sexual orientation, a tendency in human love, influenced and dominated by the mind and physiological structure of the human body, in essence, they do not have the right to choose for themselves. In other words, those people are completely normal in terms of physical, mental, cognitive, but only different in sexual orientation.
So, same-sex marriage is marriage between people of the same biological sex (between two gay men or between two lesbians.) Their marriage also comes from the province of same-sex love, which is derived from the sympathy, sharing that they have for each other.
Practice about same-sex marriage
Currently, same-sex people have become a large part of society and are known as the LGBTQ community, a community that includes lesbian, gay, bisexual, transgender people and so on. According to the records, up to now, there are a total of 26 countries in the world that have recognized the legalization of same-sex marriage. They can legally marry each other and their relationship is legal. They also have legitimate rights and interests like other normal couples.
In Asia, in 2017, Taiwan was the first country to recognize same-sex marriage, they have the right to legally marry and their marriage is protected by Taiwanese law.
In Vietnam, in fact, there is no official study on the number of LGBTQ community. According to an unofficial statistics from the NGO CARE, it is estimated that by 2017, there are about 50,000 to 125,000 same-sex people in Vietnam and certainly by 2021, this number will continue to increase so dramatically.
Society has also gradually become more open to same-sex people and acts of stigma or discrimination have also been much more limited than in the past. The number of couples openly engaged in same-sex marriage is also increasing. In general, our country now has a more open view on same-sex marriage, however, the Vietnamese law is at the level of not banning same-sex marriage but still not recognizing same-sex marriage as legal.
Conditions for getting marriage and marriage registration in Vietnam
Regulations on conditions for getting marriage and marriage registration are stated in Articles 8 and 9 of the Law on Marriage and Family 2014 as follows:
Article 8. Conditions for getting married
1. A man and a woman wishing to marry each other must satisfy the following conditions:
a /The man is full 20 years or older, the woman is full 18 years or older;
b/ The marriage is voluntarily decided by the man and woman;
c/ The man and woman do not lose the civil act capacity;
d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.
2. The State shall not recognize marriage between persons of the same sex.
Article 9. Marriage registration
1. A marriage shall be registered with a competent state agency in accordance with this Law and the law on civil status.
A marriage which is not registered under this Clause is legally invalid.
2. A divorced couple who wish to re-establish their husband and wife relation shall register their re-marriage.
Vietnamese law on same-sex marriage
Currently, the law does not stipulate same-sex marriage in cases where marriage is prohibited. In Clause 2, Article 8 of the Law on Marriage and Family 2014 only stipulates:
2. The State shall not recognize marriage between persons of the same sex.
– This is a new point in the Law on Marriage and Family 2014. This provision has opened the opportunity to “get married” for the LGBTQ community in Vietnam, however, this only makes sense in practical terms, when having no legal meaning. Because, if not recognized by the State, this marriage will not be protected by law in personal and property relations.
+ Firstly, in terms of personal relationships, there will be no legal binding between them. Of course, their relationship is not called a husband and wife relationship. So there will be no personal rights and obligations between husband and wife. They will not be issued a “marriage certificate”. This raises the question, how will the child they adopt be issued with a birth certificate? This issue is still being abandoned because the father and mother cannot be identified.
+ Secondly, in terms of property relations, there will be no “property regime during marriage”. That is, the property relationship between them “during the marriage” is not protected by law. Thus, if there is a dispute, the property between them will be resolved according to the Civil Code.
– An issue is raised, when the Civil Code 2015 allows individuals to have the right to re-determine gender, whether the legal marriage of husband and wife when one of the two (spouse or husband) is transgender is not valid. legal or not?
+ Firstly, we need to determine if the husband or wife is transgender, then the marriage will become a same-sex marriage.
+ Secondly, based on Clause 2, Article 8 of the Law on Marriage and Family 2014, these shall have violated the marriage conditions. Therefore, this belongs to the case of illegal marriage according to Clause 6, Article 3 of the Law on Marriage and Family 2014: “Illegal marriage means a man and woman having registered their marriage at a competent state agency, but one or both parties violate the conditions for marriage as prescribed in Article 8 of this Law.”
+ The handling and legal consequences of handling illegal marriages shall comply with the provisions of Articles 11 and 12 of the Law on Marriage and Family 2014.
“Article 11: Handling of illegal marriages
- The handling of illegal marriages shall be carried out by the courts in accordance with this Law and the civil procedure law.
- In the case that at the time the Court settles the request for annulment of the illegal marriage, both parties to the marriage have fully met the conditions for marriage as prescribed in Article 8 of this Law and both parties request the If the court recognizes the marriage relationship, the court will recognize the marriage relationship. In this case, the marriage relationship is established from the time when the parties fully meet the conditions for marriage in accordance with this Law.
- The court’s decision on illegal annulment of marriage or recognition of the marital relationship must be sent to the agency that has performed the marriage registration for recording in the civil status book; the two parties get married illegally; relevant individuals, agencies and organizations in accordance with the civil procedure law.
- The Supreme People’s Court shall assume the prime responsibility for and coordinate with the Supreme People’s Procuracy and the Ministry of Justice in guiding this Article.”
Please see more:
- Should you register marriage before wedding in Vietnam?
- Can a divorced person register marriage with another person?
- In Vietnam, is it possible to get a birth certificate for a child without a marriage certificate?
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Frequently asked questions
Marriage impediment means threatening, mentally intimidating, tormenting, ill-treating, claiming property or other acts to prevent the marriage of a person who is eligible for marriage.
Pursuant to Article 37 of the Civil Code 2015, the sex change shall comply with the provisions of the law. Individuals who have changed sex have the right and obligation to register for a change of civil status in accordance with the law on civil status; have moral rights in accordance with the converted gender as prescribed by this Code and other relevant laws.
What is forced marriage, marriage fraud?
According to Clause 9, Article 3 of the Law on Marriage and Family 2014, forced marriage is the act of threatening, mentally intimidating, tormenting, ill-treating, demanding property or other acts to force another person to get married against their will.
Conclusion: So the above is Vietnamese law on same-sex marriage. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
