According to the Law on Marriage and Family 2014, what are obligations and rights of stepparents and stepchildren in Vietnam?

According to the Law on Marriage and Family 2014, what are obligations and rights of stepparents and stepchildren in Vietnam?

According to the Law on Marriage and Family 2014, what are regulations on obligations and rights of stepparents and stepchildren in Vietnam? Hello, I'm Tung Anh. Currently, I am learning about the legal regulations related to the field of marriage and family over time. May I ask, what are obligations and rights of stepparents and stepchildren under the Law on Marriage and Family 2014? Looking forward to hearing from you. Sincerely thank!

Tung Anh (tunganh*****@gmail.com)

Reply: 

According to Article 79 of the Law on Marriage and Family 2014, obligations and rights of stepparents and stepchildren are specified as follows:

1. A step parent has the rights and obligations to look after, raise, care for and educate stepchildren who live with him or her according to Articles 69, 71 and 72 of this Law.

2. A stepchild has the rights and obligations to care for and support his/her step parent who lives with him or her according to Articles 70 and 71 of this Law.

Can stepfather marry his stepchild in Vietnam?

My mother had previously remarried to a man who was three years older than me. And when he married my mother, he automatically became my stepfather. Now my mother has passed away and in the process of living together I and the man had feelings for each other. Now my mother is gone too, so we want to get married. Is it possible? Hope you can give us a complete answer.

Reply: 

According to current law, marriage can be performed for men aged full 20 years or older, women aged full 18 years or older, without loss of civil act capacity and voluntarily decided by the man and woman.

However, the law concurrently stipulates that the marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of the Law on Marriage and Family 2014. Specifically the following cases

2. The following acts are prohibited:

a/ Sham marriage or sham divorce;

b/ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

c/ 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;

d/ 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;

Thus, based on the above provisions in Vietnam, the law prohibits marriage between stepfather and stepchild. 

Compared to the case you provided, you and that person used to have a stepfather and stepchild relationship. Therefore, according to the current marriage and family regulations, you and your partner cannot get married. 

In case you and that person still intentionally violate, you will be considered and punished according to the provisions of law.  

According to the provisions of Article 59 of Decree 82/2020/ND-CP in Vietnam, a fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of marrying or living together as husband and wife between a former father, adoptive mother with adopted child, father-in-law with daughter-in-law, mother-in-law with son-in-law, stepfather with stepchild, stepmother with stepchild.

Does father accepting a stepchild require his wife's consent in Vietnam?

I have been married to my wife for 3 years and have a baby. Before marrying my wife, I had a relationship with a girl, but due to business, I moved to the city, I recently returned to my hometown, only to receive information from her that had a baby with me, I did a DNA test and it's my baby. I want to get my baby back to take care of and make up for him, but my wife won't let me. Can I ask if I accept my child in this case, does my wife have the right to intervene?

Reply: 

Pursuant to Article 91 of the Law on Marriage and Family 2014 stipulates right to recognize children as follows:

1. A parent has the right to recognize his/her child even in case this child has died.

2. A married person may recognize his/her child without consent of his/her spouse.

Thus, according to the information you give, you have children with someone else before getting married, so when you know your child, you have the right to recognize children without your wife's consent in Vietnam. However, you should discuss with your wife to ensure both family happiness and adoption of your child.

Best Regards!