07 Backward marriage and family practices which must be banned from application in Vietnam

The list of backward marriage and family practices which must be banned from application specified in the Appendix to Decree 126/2014/ND-CP guiding the implementation of the Law on Marriage and Family.

1. 07 Backward marriage and family practices which must be banned from application in Vietnam

- Polygamy.

- Marriage between people of the same direct line of descent, between relatives within three generations.

- The customs of catching wives in order to coerce women into marriage.

- Asking for high wedding presents of commercial nature (asking for silver, cash, dowries, buffaloes, cows, gongs... as wedding offerings).

- The levirate marriage customs: When the husband dies, the widow is forced to marry his elder or younger brother-in-law; when the wife dies, the widower is forced to marry her elder or younger sister-in-law.

- Forcing the widow or widower, who remarries, to repay the wedding money to the family of her ex-husband or his ex-wife.

- Reclaiming property and imposing fines when the wife or husband divorces her husband or his wife.

07 Backward marriage and family practices which must be banned from application in Vietnam (Internet image)

2. List of backward marriage and family practices which should be eliminated through mobilization in Vietnam

Outdated marriage and family practices that need to be abolished include:

- Getting married before the ages prescribed by the Law on Marriage and Family.

- Marriage registration is not carried out by competent state agencies.

- Forcing marriages due to physiognomy and astronomy reading and superstition; obstructing marriages due to ethnic and religious differences.

- Prohibiting marriages between relatives of the fourth generation on.

- Forcing the son-in-law to stay matrilocally to work for his parents-in-law after the marriage if his family has no money for wedding and no wedding presents.

- The family ties are patriarchal or matriarchal, failing to ensure the equality between wife and husband as well as between girls and boys.

+ Patriarchy:

Upon the divorce, if at the wife’s request, the wife’s family must return to the husband’s family all the wedding presents and other costs; if at the husband’s request, the wife’s family must still return to the husband’s family half of the wedding presents. After the divorce, if the woman remarries, she is not allowed to enjoy and take any property with her. After the divorce, the children must live with their father.

When the husband dies, the widow is not entitled to the heritance left behind by the husbands. If the widow remarries, she is not allowed to enjoy and take any property with her.

When the father dies, only sons are entitled to the heritance left behind by the late father.

+ Matriarchy:

The children are forced to bear their mother’s family name.

When the wife dies, the widower is not allowed to enjoy the heritance left behind by his late wife and to take his personal property home.

When the mother dies, only daughters are entitled to enjoy the heritance left behind by their late mother.

After his matrilocality, if the son-in-law is denied the marriage or after the betrothal ceremony and the wedding offerings being accepted, the son-in-law is denied the marriage, he will not be compensated therefor.

- Rejecting marriages between people of different ethnic groups or between people of different religions.

3. Advocacy and mobilization for application of practices in Vietnam

According to Article 5 of Decree 126/2014/ND-CP, the advocacy and mobilization for application of marriage and family practices shall be carried out as follows:

- Related ministries and sectors and People’s Committees at all levels shall coordinate with the Vietnam Fatherland Front in working out and implementing the following policies and measures:

+ To create conditions for the people to implement the law on marriage and family; to uphold fine traditions and practices which show the identity of each ethnic group, to eliminate backward marriage and family practices;

+ To increase public information on the law on marriage and family; to mobilize the people to uphold fine traditions and practices and eliminate backward marriage and family practices;

+ To educate young generations about preserving and developing the language and script, and promote the cultural values of fine practices, of each ethnic group.

- Backward marriage and family practice means a practice which contravenes the fundamental principles of the marriage and family regime prescribed in Article 2 of the Law on Marriage and Family or violates Clause 2, Article 5 of the Law on Marriage and Family.

Nhu Mai

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