What are conditions on age for marriage registration in Vietnam? Is giving birth before marriage registration considered underage marriage in Vietnam?

Conditions on age for marriage registration in Vietnam

I would like to ask if I was born on July 28, 2001, am I old enough to register for marriage?

Reply:

Pursuant to Article 8 of the Law on Marriage and Family 2014, conditions for getting married are prescribed 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.

Based on the above regulations in Vietnam, if you are male, your age does not meet the marriage age requirements for men. If you are female, your age is sufficient, you just need to meet the remaining marriage conditions specified in Article 8 as mentioned above.

What are conditions on age for marriage registration in Vietnam? Is giving birth before marriage registration considered underage marriage in Vietnam? (Image from the Internet)

Is giving birth before marriage registration considered underage marriage in Vietnam?

Related to regulations on Marriage and family law. Question: Is giving birth before marriage registration considered child marriage in Vietnam?

Reply:

In Clause 8, Article 3 of the Law on Marriage and Family 2014, it is stipulated:

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.

And at Point a, Clause, Article 8 of the Law on Marriage and Family 2014, it is stipulated:

Article 8. 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;

Thus, underage marriage is when a man and woman are not old enough to get married, not when they give birth to a child before registering their marriage.

Can people with limited legal capacity get married in Vietnam? 

Hello, my sister was declared by the local court to be a person with limited legal capacity. So can my sister get married or not? Hope to receive feedback from experts. Thank you.

Reply:

According to the provisions of Article 24 of the 2015 Civil Code, persons with limited legal capacity are prescribed as follows:

1. A court shall, at the request of a person with related rights or interests or a relevant agency or organization, issue a decision to declare a person with limited legal capacity after excessive drug consumption or other psychotropic substances, worsening material situation of the family.

The court shall appoint a legal representative of the person with limited legal capacity and the representation scope.

2. All civil transactions related to the property of a person with limited legal capacity declared by a court must obtain the consent of his/her legal representative, except for transactions to meet the needs of daily life.

3. Where the basis on which a person has been declared limited capacity of exercise no longer exists, the court shall, at the request of such person or any person with related rights or interests, issue a decision to revoke the decision declaring the incapacitated person.

In Clause 1, Article 8 of the Law on Marriage and Family 2014, conditions for getting married are specified 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.

From the above regulations in Vietnam, there are no regulations prohibiting people with limited civil act capacity from marrying, only regulations prohibiting marriage with people who have lost their civil act capacity. Therefore, your sister still has the right to marry as normal without being banned or restricted.

Best regards!