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. So, is same-sex marriage in Vietnam recognized? Let’s find out with Lawyer X through the following article
Legal grounds
- Law on marriage and family 2014
- Decree 110/2013/ND-CP
- Civil Code 2015
- Civil Status Law 2014
What is same-sex marriage?
Same-sex marriage or same-sex marriage is a marriage between two people of the same biological sex. Same-sex marriage is sometimes called “marriage equality” or “marriage equality”; This term is commonly used by advocates.
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.
Is same-sex marriage recognized in Vietnam?
Same-sex marriage is a very sensitive issue not only in Vietnam but also around the world; even in developed countries. The first same-sex marriage was performed in the Netherlands on April 1, 2001. As of 2021, same-sex marriage is legally recognized in 29 countries (national or regional).
The Marriage and Family Law 2000 previously stated that same-sex marriage was prohibited. The revised Law on Marriage and Family in 2014 took effect. The National Assembly removed this prohibition and replaced it with Article 8, Clause 2, which reads: “The State does not recognize marriage between people of the same sex”. Although the Marriage and Family Law 2000 prohibits same-sex marriage; The 2014 revised Law on Marriage and Family removed the “prohibition of marriage between persons of the same sex” from January 1, 2015. However, the 2014 Law still stipulates that “marriage between persons is not recognized. same sex”.
Thus, non-recognition means that the law does not allow same-sex people to register their marriages at competent state agencies or to be considered as husband and wife with corresponding rights and obligations.
According to the above regulations, same-sex marriage is no longer prohibited. Same-sex people can get married; living together but in the eyes of the law are not considered husband and wife and cannot register their marriage with state agencies.
Is same-sex marriage sanctioned?
If before, Decree 87/2011/ND-CP stipulates:
“A fine of 100,000 – 500,000 VND for marriage between people of the same sex”.
Currently, according to Decree 110/2013/ND-CP, there are regulations on violations of regulations on marriage ban; violate the monogamous marriage regime (a fine of from 1 million VND to VND 3 million). And the act of ” marriage between people of the same sex” has been abolished.
Does Vietnam allow transgender?
Article 36 of the 2015 Civil Code stipulates as follows:
“Article 36: Right to sex reassignment
- Individuals have the right to redefine gender.
The sex reassignment of a person is carried out in case the gender of that person is born with a birth defect; or have not been correctly shaped but need medical intervention to clearly determine the sex.
- Gender re-determination shall comply with the provisions of law.
- Individuals who have performed gender reassignment have the right; the obligation to register civil status changes in accordance with the civil status law; have moral rights in accordance with the re-determined gender in accordance with this Code and other relevant laws.”
Thus, the sex change is carried out in accordance with 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 in accordance with the provisions of this Code and other relevant laws.
What is the procedure for gender reassignment?
For people under 18 years old:
02 declarations (according to the form) of father and mother (01 copy each) or legal representative.
01 original birth certificate.
01 copy of the latest birth certificate.
01 copy of ID card, household registration.
01 copy of identity card, household registration of father and mother or legal representative.
01 copy of marriage registration certificate of parents.
The written conclusion of the health organization that has conducted the intervention for gender reassignment is the basis for gender reassignment.
Relevant documents proving the request for gender reassignment.
For persons 18 years or older:
01 declaration (according to the form).
01 original birth certificate.
01 copy of the latest birth certificate.
01 copy of ID card, household registration.
The written conclusion of the health organization that has conducted the intervention for gender reassignment is the basis for gender reassignment.
Relevant documents proving the request for gender reassignment.
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
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.
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.
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