Is it compulsory for the wife to follow religion of the husband when they get married in Vietnam?

Is it compulsory for the wife to follow religion of the husband when they get married in Vietnam? Is it against the law when the husband forced his wife to follow his religion in Vietnam? In Vietnam: Shall anyone forcing other people to follow his/her religion face criminal responsibilities?

Hello Lawnet. I am a Buddhist and my boyfriend is a Catholic. In the near future, I and he intend to get married. Is it compulsory for the wife to follow religion of the husband when they get married in Vietnam?

Thank you!

Is it compulsory for the wife to follow religion of the husband when they get married in Vietnam?

Pursuant to Article 24 of the Constitution of the Socialist Republic of Vietnam in 2013 stipulating as follows:

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.

Pursuant to Article 6 of the Law on Religion and Folk Belief in 2016 stipulating right to freedom of religion and folk belief for every person as follows:

1. Every person has the right to freedom of religion and folk belief and the right to follow or not to follow a religion.

2. Every person has the right to manifest the faith of religion or folk belief and to perform religious and folk religious rites; participate in festivals; learn and exercise religious law and tenets.

3. Every person has the right to pursue a monastic life in religious establishments and pursue education in religious educational institutions and religious organizations’ supplementary courses. Adolescents require the permission of their parents or guardians for pursuing a monastic life in a religious establishment or pursuing education in a religious educational institution.

4. Dignitaries, sub-dignitaries and monastics have the right to perform religious rites, to preach and to do missionary work in religious establishments or at legitimate locations.

5. People held in detention pursuant to the legislation on temporary detention, people serving time in prison, people sent to a reformatory, compulsory education institution or compulsory rehabilitation center have the right to read scriptures and manifest their faith of religion or folk belief.

6. The government shall stipulate detail on the maintenance of the rights defined in Section 5 of this Article.

Pursuant to Article 8 of the Law on Marriage and Family in 2014 stipulating conditions for getting married as follows:

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.

As regulations above, everyone has the right to freedom of belief and religion. When getting married, you don't have to follow your husband's religion.

Is it against the law when the husband forced his wife to follow his religion in Vietnam?

Pursuant to Article 5 of the Law on Religion and Folk Belief in 2016 stipulating prohibitions as follows:

1. Discriminate or differentiate on the pretext of religion or folk belief.

2. Coerce, entice or obstruct people to or not to practice a religion or folk belief.

3. Insult a religion or folk belief.

4. Practices of folk beliefs or religious activities:

a) That encroach on national security, national defense, national sovereignty, social order and safety, environment;

b) That violate social ethics or people's body, health, life, assets or dignity;

c) That obstruct the exercise of a citizen’s rights and obligations;

d) That sow divisions among the people or religions; between practicing and non-practicing people; and among the followers of different folk beliefs or religions.

5. Abuse the practice of folk beliefs or religious activities for profiteering.

As regulations above, the law prohibits coercing, enticing or obstructing people to or not practicing a religion or folk belief. If your husband forces you to follow his religion, he is against the law.

In Vietnam: Shall anyone forcing other people to follow his/her religion face criminal responsibilities?

Pursuant to Article 164 of the Criminal Code in 2015 stipulating infringement upon the freedom of religion as follows:

1. Any person who uses violence, threatens to use violence or otherwise obstructs a person from exercising his/her freedom of religion or forces another person to follow or not to follow a specific religion despite the fact that he/she has incurred disciplinary or administrative penalty for the same offence shall face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 01 - 03 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves abuse of the offender's her position or power;

c) The offence has been committed more than once;

d) The offence results in a demonstration;

dd) The offence has a negative impact on social safety, order and security.

3. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

As regulations above, anyone forcing other people to follow his/her religion shall face a penalty of up to 01 year's community sentence or up to 03 years' imprisonment.

Best regards!

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