Germany legalized gay marriage in June 2021, which now is authorized in about 20 nations around the world, the majority of which are in Europe. What about Vietnam? LSX Lawfirm believe that many people are interested in this current issue. We will give you the article: “Marriage between persons of the same sex in Vietnam” as follows:
The Civil Code 2015
Law on Marriage and Family 2014
Conditions for getting married in Vietnam
Law on Marriage and Family 2014 stipulates that a man and a woman wishing to marry each other must satisfy the following conditions:
The man is full 20 years or older, the woman is full 18 years or older.
The marriage is voluntarily decided by the man and woman.
The man and woman do not lose the civil act capacity.
The marriage does not fall into one of the cases prescribed at following cases
Sham marriage or sham divorce.
- Firstly; underage marriage, forcing a person into marriage; deceiving a person into marriage, obstructing marriage.
- Secondly; A married person getting married to or cohabitating as husband and wife with another person; or an unmarried person getting married to or cohabitating as husband and wife with a married person.
- Thirdly; getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child; father-in-law and daughter-in-law; mother-in-law and son-in-law; or stepparent and stepchild.
Marriage between persons of the same sex in Vietnam
Currently, The State has not yet recognized marriage between persons of the same sex. However, if you are transgender, the matter can change.
In the Civil Code 2015 about sex reassignment, the law provides that each transgender:
+ Firstly; has the right and obligation to apply for change of civil status affairs as prescribed in law on civil status affairs
+ Secondly; has the personal rights in conformity with the transformed gender as prescribed in the Code and relevant laws.
Accordingly, the law will legally recognized a person who has changed his/her gender for his/her identity rights with the new gender include the right to get married in accordance with the law.
Therefore, if a person who has changed gender wants to register his/her marriage, he/she must first carry out the procedure to change gender according to the provisions of law.
What are the differences between “prohibited” and “not admitting” in marriage of the same sex persons in Vietnam?
Some people will wonder what is the difference between “prohibited” and “not admitting”? “Prohibited” means you are not allowed to do; if you do it intentionally, you will be handled by the law. And “not admitting” means that you can completely do it; but the law will not consider this a true marriage and will not intervene if there is a dispute or problems arise. You also have no rights and obligations as normal husband and wife in this marriage. The law is completely relaxed for you to handle your same-sex marriage issue.
Related article: Does Vietnam allow same-sex marriage?
Of course, because you only need to comply with the law on civil status registration as prescribed above.
Firstly; you need to check whether Vietnam and the country of the person you want to marry have joined any international conventions or signed a mutual legal assistance agreement on marriage issues? If not, you must first meet the requirements according to the laws of each person’s country.
Next, if the marriage takes place in Vietnam, the foreign male friend must meet the marriage conditions prescribed in the Law on Marriage and Family 2014, according to which, the male must be at least 20 years old to be allowed to register. marriage, so your case cannot register your marriage in Vietnam. If you are getting married in a foreign country, you need to consider the laws of that country.
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Hope this article “Marriage between persons of the same sex in Vietnam” is useful for you.