Can Vietnamese people get same-sex married abroad? If I have a same-sex marriage, can I keep Vietnamese nationality?

Can Vietnamese people get same-sex married abroad?

Pursuant to Article 34 of Decree 123/2015/ND-CP stipulating conditions for documenting in vital records the marriage of Vietnamese citizens that have been settled at foreign competent authorities are as follows:

1. The marriage between Vietnamese citizens or a Vietnamese citizen and a foreigner that has been settled at a foreign competent authority shall be permitted to be documented in the vital records provided that both partners, at the time of marriage, meet all conditions for marriage and do not commit violations against the Law on marriage and family of Vietnam.

2. If the partners, at the time of marriage registration at the foreign competent authority do not meet conditions for marriage but do not commit any violation against the Law on marriage and family, and consequences has been remedied or the marriage record is made for the purpose of protecting interests of Vietnamese citizen and children, at the time of requesting documenting in vital records, the marriage will be permitted to be documented in the vital records.

As such, same-sex marriage in some countries has been recognized and you can register your marriage in countries that have recognized it. However, Vietnam will not recognize same-sex marriage for recording in the civil status book because Vietnamese law does not recognize same-sex marriage.

If I have a same-sex marriage, can I keep Vietnamese nationality?

According to the provisions of Article 27 of the Law on Nationality 2008, grounds for renunciation of Vietnamese nationality are as follows:

1. A Vietnamese citizen who files an application for renunciation of Vietnamese nationality to acquire a foreign nationality may be permitted to renounce Vietnamese nationality.

2. A person applying for renunciation of Vietnamese nationality may not renounce Vietnamese nationality if he/she falls into any of the following cases:

a/ Owing tax debts to the State or having a property obligation toward an agency, organization or individual in Vietnam;

b/ Being examined for penal liability;

c/ Serving a Vietnamese court’s judgment or ruling;

d/ Being kept in detention pending judgment enforcement;

e/ Serving a decision on application of the administrative handling measure of confinement to an education establishment, a medical treatment establishment or a reformatory.

3. A person applying for renunciation of Vietnamese nationality may not renounce Vietnamese nationality if such renunciation is detrimental to Vietnam’s national interests.

4. Cadres, civil servants and those who are serving in Vietnamese people’s armed forces may not renounce Vietnamese nationality.

5. The Government shall specify conditions for renunciation of Vietnamese nationality.

So, if you are not in the category of renunciation of Vietnamese nationality, you will still keep your nationality.

Best Regards!