Does Vietnamese law prohibit same-sex marriage?

Does Vietnamese law prohibit same-sex marriage?

Pursuant to 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.

4. Marriage and family practices means rules of conduct with clear contents on rights and obligations of parties in marriage and family relations, which are repetitive over a long period of time and widely accepted in an area, a region or a community.

5. Getting married means a man and a woman’s establishment of the husband and wife relation according to the provisions of this Law on marriage conditions and registration.

6. Illegally marriage means a man and a woman’s marriage already registered at a competent state agency in which either or both of them violate(s) the marriage conditions prescribed in Article 8 of this Law.

7. Cohabitation as husband and wife means a man and a woman’s organization of their living together and consideration of themselves as husband and wife.

8. Underage marriage means getting married when one or both partners has or have not reached the marriage age prescribed at Point a, Clause 1, Article 8 of this Law.

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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.

Currently, Vietnamese law does not have any regulations prohibiting same-sex marriage, but only does not recognize that relationship. Vietnamese law currently only recognizes the relationship between a man and a woman.

Does Vietnamese law prohibit same-sex marriage? - Source: Internet

Is it permissible to marry a transgender person in Vietnam?

Pursuant to Article 37 of the Civil Code in 2015 stipulating sex reassignment  as follows:

The sex reassignment shall comply with regulations of law. Each surged transgender has the right and obligation to apply for change of civil status affairs as prescribed in law on civil status affairs and has the personal rights in conformity with the transformed gender as prescribed in this Code and relevant laws.

Therefore, after a transgender person has registered for a change of civil status, they will then have all personal rights in accordance with their gender, including the right to marry. As Vietnamese law only recognizes the relationship between a man and a woman, as stated above, marrying a transgender person is also considered marrying a person of the opposite sex.

Best regards!