Is it against the law for obstructing homosexual marriage in Vietnam?

Is it against the law for obstructing homosexual marriage in Vietnam?

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

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;

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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.

As regulations above, it is against the law for obstructing marriage in Vietnam. However, the law doesn't recognize marriage between persons of the same sex.

Therefore, it is not against the law for obstructing homosexual marriage in Vietnam.

Is there any fine for obstructing homosexual marriage in Vietnam?

Pursuant to Clause 1.dd Article 59 of the Decree 82/2020/NĐ-CP stipulating the fine for obstructing homosexual marriage as follows:

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Being married but married to another person, unmarried but married to a person whom he or she clearly knows is currently married;

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dd) Obstructing marriage, claiming wealth in marriage or obstructing divorce.

Pursuant to Article 181 of the Criminal Code in 2015 stipulating forced marriage or divorce, obstruction of voluntary and civilized marriage, obstruction of voluntary divorce as follows:

Any person who forces another person to marry against his/her will, obstructs another person from marrying or maintaining their voluntary and civilized marriage, forces or obstructs a divorce by means of abuse, mental intimidation, demand for property or other methods despite the fact that he/she has incurred a administrative penalty for the same offence shall receive a warning or face a penalty of up to 03 years' community sentence or 03 - 36 months' imprisonment.

As the law in Vietnam doesn't recognize homosexual marriage, there is no sanction for this act.

For legal marriage, administrative fines and criminal penalties shall be imposed for obstructing homosexual marriage in Vietnam as regulations above.

What are regulations on settlement of property relations and obligations and contracts between men and women cohabiting as husband and wife without marriage registration in Vietnam?

Pursuant to Article 16 of the Law on Marriage and Family in 2014 stipulating settlement of property relations and obligations and contracts between men and women cohabiting as husband and wife without marriage registration as follows:

1. Property relations, obligations and contracts between a man and woman cohabiting as husband and wife without marriage registration shall be settled under the partners’ agreement. In case there is no agreement, they shall be settled in accordance with the Civil Code and other relevant laws.

2. The settlement of property relations must ensure lawful rights and interests of women and children. Housework and other related work to maintain the cohabitation shall be regarded as income-generating labor.

As regulations above, property relations and obligations and contracts between men and women cohabiting as husband and wife without marriage registration shall be settled under the partners’ agreement and in accordance with the Civil Code.

Best regards!