Vietnam: If a husband or wife fails to respect each other's right to freedom of belief and religion, can she or he request a divorce?
What are the obligations of husband and wife in Vietnam?
According to the provisions of Article 24 of the 2013 Constitution as follows:
Article 24.
1. Everyone has the right to freedom of belief and religion and has the right to follow any religion or to follow no religion. All religions are equal before law.
2. The State shall respect and protect the freedom of belief and religion.
3. No one may violate the freedom of belief and religion, nor may anyone take advantage of a belief or religion in order to violate the law.
Thus, Everyone has the right to freedom of belief and religion within the framework permitted by law.
According to the provisions of Chapter III of the Law on Marriage and Family 2014, the obligations of husband and wife in Vietnam include:
- Respect for honor, dignity, and prestige of husband and wife;
- Respect for the right to freedom of belief and religion of husband and wife;
- Create conditions for each other to select professions; study and raise their educational levels and professional qualifications and skills; and take part in political, economic, cultural, and social activities.
- Fulfill obligations on common property, separate property of husband and wife.
What are the grounds for divorce under current regulations in Vietnam?
According to the provisions of Article 55 of the Law on Marriage and Family 2014 and Article 56 of the Law on Marriage and Family 2014, the Court settles divorce on the following grounds:
- Divorce by mutual consent;
- Divorce at the request of one spouse:
+ One party commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable;
+ One party is declared missing by the Court.
If a husband or wife fails to respect each other's right to freedom of belief and religion, can she or he request a divorce?
The proposal in Article 2 of the Draft Resolution guiding a number of issues on the settlement of marriage and family disputes issued by the Council of Judges under the Supreme People's Court on grounds for divorce is as follows:
Grounds for divorce
1. The court shall grant consent to divorce in cases where spouses jointly request divorce when fully meeting the following conditions:
a) The two parties voluntarily divorce;
b/ Having agreed on the division of property, the care, upbringing, care and education of children on the basis of ensuring the legitimate interests of wives and children.
2. In case of consent to divorce through conciliation or dialogue at the Court, the Court shall issue a decision recognizing the consent to divorce and the agreement of the parties participating in the mediation and dialogue in accordance with the Law on Conciliation and Dialogue at the Court.
3. The court shall decide to grant divorce according to the provisions of Article 56 of the Law on Marriage and Family when there are grounds that the spouses commit acts of domestic violence or seriously violate the rights and obligations of the spouses, causing the marriage to fall into a serious situation, Cohabitation cannot last, the purpose of marriage is not achieved.
Domestic violence includes physical violence, such as when spouses often beat, mistreat, abuse, and cause injuries or harm to health; mental violence, such as insults, humiliations, and violations of honor, dignity, and prestige, causes the abused person to suffer loss of honor and mental suffering.
4. It is considered a serious conjugal condition when:
Spouses who beat, mistreat, or abuse cause the abused or abused person to always be emotionally tormented, suffer loss of honor, mental distress, or injury or harm to health that has not reached the level of criminal punishment or has been administratively sanctioned by relatives of the spouse or body officials, organizations, unions reminded.
Spouses who are unfaithful to each other such as having an adulterous relationship, have been admonished or advised by their spouse or relative or agency, organization, or counsel but continue to have an adulterous relationship;
5. In order to have a basis to believe that the joint life of husband and wife cannot be prolonged, it must be based on the current situation of the spouses that have reached the serious level as guided in Clauses 2 and 3 of this Article. If the fact shows that they have been reminded and reconciled, but continue to have an affair or continue to live separately, neglect each other or continue to abuse and insult each other, then there are grounds to believe that the life together of husband and wife cannot be prolonged.
6. The purpose of unattainable marriage is that there is no conjugal love; unequal duties and rights between husband and wife; disrespect for the honor, dignity, and prestige of spouses; failing to respect the right of spouses to freedom of belief or religion; not helping or facilitating each other's development in all aspects who only knows his duty, leaving the wife or husband to live how he wants to live.
Accordingly, if a husband or wife fails to respect each other's right to freedom of belief and religion, she or he can request a divorce.
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