I have a question as follows. I have a same-sex friend who asked me to ask if he can marry a same-sex person? I want to ask if Vietnam’s law currently prohibits same-sex marriage? Looking forward to receiving help from everyone and Lawyers. Thank you. Hello! To answer the above questions. We invite you to read with Lawyer X to learn about the above issue through the article: “Does Vietnamese law prohibit same-sex marriage?” The following.
Legal grounds
- Law on Marriage and Family 2014
- Civil Code 2015
- Decree 82/2020/ND-CP
Does Vietnamese law prohibit same-sex marriage?
Currently, there is no document that specifically explains what same-sex marriage is. However, same-sex marriage can be understood. Same-sex marriage is a marriage between two people of the same sex.
Decree 82/2020/ND-CP is currently in effect, same-sex people marrying each other are no longer penalized. This regulation aims to synchronize the “non-recognition without prohibition” in the Law on Marriage and Family 2014.
The Law on Marriage and Family, regulations on marriage between people of the same sex as stated in Clause 2, Article 8 of this Law are as follows:
“The state does not recognize marriage between people of the same sex.”
Not only that, Clause 5, Article 3 of the Law on Marriage and Family explains:
“Marriage means the establishment of a husband and wife relationship by a man and woman in accordance with this Law on marriage conditions and marriage registration.”
Thus, compared to the previous regulations. Currently, the State no longer prohibits people of the same sex from marrying, but simply “doesn’t recognize” this marriage relationship. This means gay people can get married and live together as husband and wife. However, marriage registration procedures cannot be carried out at competent State agencies.
Does same-sex marriage give rise to a marital relationship?
Same-sex marriage will not exist. And not recognized by law, so no rights and obligations between husband and wife arise; alimony; inherit; marital property…
– About identity: There is no legal binding between two gay people, marriage registration is not granted, and they are not recognized as legal spouses. Therefore, children, alimony, rights and obligations of husband and wife… do not exist;
– Regarding property relations: Because there is no husband and wife relationship, the property regime of husband and wife as prescribed in the Law on Marriage and Family is not applied. If a dispute arises, the property shall not be divided according to the general principle of common property of husband and wife.
Can I marry a transgender person?
According to Article 37 of the 2015 Civil Code:
“Individuals who have undergone sex change have the right and obligation to register for a change of civil status in accordance with the law on civil status; have moral rights consistent with the converted gender as prescribed in this Code and other relevant Laws.”
Pursuant to this provision, after sex change, individuals must register for change of civil status. After that, this person will have the right identity in accordance with the converted gender. One of the moral rights is the right to register a marriage.
Thus, after transgender, register to change civil status. Transgender people have the right to register their marriage with a person of the opposite sex. And this marriage relationship will be recognized by law.
In short, up to this point, the regulation of same-sex marriage in Vietnam is more “open” than before. However, although there is no longer a ban, Vietnam does not recognize this relationship.
When will same-sex marriage be recognized in Vietnam?
According to the given statistics, there are an estimated 2.5 million gay people in Vietnam. That number is not small. But it is not a big deal compared to a country with a population of nearly 90 million people.
Today’s society is looking at this issue very differently. Many people see this issue as related to human rights, showing humanity, reducing social stigma. However, on the other side of the issue, same-sex marriage is said to be inconsistent with Vietnamese family traditions and customs. Does not conform to biological laws and does not guarantee the family function of maintaining the species. It is important that the legalization of same-sex marriage will lead to many negative social consequences that the law has not yet fully anticipated.
Allowing and recognizing same-sex marriage is not simply a provision in the 2014 Law on Marriage and Family. But also to consider amending and supplementing other provisions of the legal system. For example, supplementing regulations dealing with consequences of cohabitation as husband and wife between people of the same sex on property relations, identification of father, mother, child and rights and obligations of father, mother and child, etc. principles specified in the Law on promulgation of legal documents. Legal documents must ensure consistency and feasibility. Must come from both objective reality and from nature.
Which countries in the world have recognized same-sex marriage?
Same-sex marriage can be performed simply or according to religious rites. Many faith communities around the world have allowed two people of the same sex to marry; Or perform same-sex marriage. Examples: Buddhism in Taiwan, Australia, Church in Sweden, Presbyterian Church, conservative Judaism, Unification Church of Canada…
Before recognizing same-sex marriage, many countries had laws for same-sex couples to register to live together called civil unions, defining their rights and obligations such as Denmark since 1989, Norway in 1993.
In 2019, out of 220 countries and territories in the world, 28 countries/territories officially recognized same-sex marriage, including: Austria Argentina, Belgium, Portugal, Brazil, Canada, Colombia , Denmark, Taiwan, Germany, Ecuador, Netherlands, United States, Iceland, Ireland, Luxembourg, Malta, Mexico (select states only), Norway, South Africa, New Zealand (except Niue, Tokelau and Cook Islands ), France, Finland, Spain, Sweden, Australia, Uruguay, United Kingdom (except Northern Ireland).
However, at present, more than 80 countries/territories still consider homosexual acts a crime, some even applying the death penalty to those who commit homosexual acts. The remaining countries/territories have a neutral policy that does not make homosexuality illegal but also does not recognize same-sex marriage.
Related articles:
- 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
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.
Firstly, according to statistics of the Ministry of Health published in a number of reputable newspapers, the number of people wishing to change gender in Vietnam ranges from 250,000 to 300,000 people. Thus, this is a very large number that reflects a real need of the social status quo.
Second, in recent years, along with the propaganda of the state, the society has recognized and no longer seems to have discriminatory attitudes towards transgender people.
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