Does Vietnam recognize same-sex marriage?

What is same-sex marriage?

Pursuant to Article 6 of the Law on Gender Equality in 2006 stipulating gender as follows:

Interpretation of terms

In this Law, the terms below can be understood as follows:

1. Gender indicates the characteristics, positions and roles of man and woman in all social relationships.

2. Sex indicates biological characteristics of man and woman.

...

Same-sex marriage is the marriage of two people of the same sex, typically a man and a man, or a woman and a woman.

Same-sex marriage is legal in over 30 countries around the world, including the United States, Canada, the United Kingdom, France, Germany, Spain, and Brazil.

Same-sex marriage gives same-sex couples the same rights and benefits as opposite-sex couples, including:

- The right to marry and divorc

- The right to inherit each other's property.

- The right to provide each other with medical care.

- The right to sponsor and adopt children.

- The right to enjoy each other's insurance and retirement benefits.

Same-sex marriage is a controversial issue in many countries. Supporters of same-sex marriage argue that marriage is a fundamental human right and should be extended to all people, regardless of their sexual orientation. Opponents of same-sex marriage argue that marriage is a traditional definition that is only for men and women.

Same-sex marriage is becoming more common around the world. The number of countries that have legalized same-sex marriage. In fact, the number of people who support marriage equality is increasing day by day.

Does Vietnam recognize same-sex marriage? - Image from Internet

Does Vietnam recognize same-sex marriage?

Pursuant to Clause 3 Article 3 of the Law on Marriage and Family in 2014 stipulating as follows:

Interpretation of terms

In this Law, the terms below are construed as follows:

1. Marriage means the relation between husband and wife after they get married.

2. Family means a group of persons closely bound together by marriage, blood ties or raising relations, thus giving rise to obligations and rights among them as prescribed in this Law.

3. Marriage and family regime means all provisions of law on marriage, divorce; rights and obligations between husband and wife, parents and children, and among other family members; support; identification of parents and children; marriage and family relations involving foreign elements and other matters related to marriage and family.

...

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

Conditions for getting married

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, the Law on Marriage and Family in 2014, which is currently in effect, has clearly stated that the State of Vietnam does not recognize marriage between people of the same sex. In other words, Vietnam does not recognize same-sex marriage.

However, it also clearly states that the State of Vietnam does not recognize same-sex marriage, but does not prohibit same-sex marriage.

Therefore, same-sex couples currently living in Vietnam who have legally married under the laws of a foreign country are not violating Vietnamese law.

What are prohibited acts in protection of the marriage and family regime in Vietnam?

Pursuant to Clause 2 Article 5 of the Law on Marriage and Family in 2014 stipulating prohibited acts in protection of the marriage and family regime in Vietnam as follows:

- Sham marriage or sham divorce;

- Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

- 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;

- 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;

- Demanding property in marriage;

- Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;

- Giving birth with assisted reproductive technology for commercial purpose, commercial gestational surrogacy, prenatal sex selection, cloning;

- Domestic violence;

- Taking advantage of marriage and family rights for human trafficking, labor exploitation or sexual abuse or committing another act for self-seeking purposes.

Best regards!