Circumstances where marriage is prohibited in Vietnam 2022

Circumstances where marriage is prohibited in Vietnam 2022 (Internet image)

1. Circumstances ineligible for marriage in Vietnam 2022

Cases where marriage is prohibited are specified in Article 5 of the Law on Marriage and Family 2014, including:

- 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.

2. Fundamental principles of the marriage and family regime in Vietnam

- Voluntary, progressive and monogamous marriage in which husband and wife are equal.

- Marriage between Vietnamese citizens of different nationalities or religions, between religious and non-religious people, between people with beliefs and people without beliefs, and between Vietnamese citizens and foreigners shall be respected and protected by law.

- To build prosperous, progressive and happy families; family members have the obligation to respect, attend to, care for, and assist one another; to treat children without discrimination.

- The State and society and families shall protect and support children, elderly people and persons with disabilities in exercising marriage and family rights; assist mothers in properly fulfilling their lofty motherhood functions; and implement family planning.

- To perpetuate and promote the Vietnamese nation’s fine cultural traditions and ethics on marriage and family.

(Article 2 of the Law on Marriage and Family 2014)

3. The State’s and society’s responsibilities for marriage and family in Vietnam

The State’s and society’s responsibilities for marriage and family are specified in Article 4 of the Law on Marriage and Family 2014 as follows:

- The State shall adopt policies and measures to protect marriage and family and create conditions for males and females to establish voluntary, progressive, monogamous marriage in which husband and wife are equal; build prosperous, progressive and happy families fulfilling all of their functions; intensify the dissemination and popularization of and education about the law on marriage and family; and mobilize people to abolish backward marriage and family customs and practices and promote fine traditions, customs and practices embodying the identity of each nationality.

- The Government shall perform the unified state management of marriage and family. Ministries and ministerial-level agencies shall perform the state management of marriage and family as assigned by the Government. People’s Committees at all levels and other agencies shall perform the state management of marriage and family in accordance with law.

- Agencies and organizations shall educate and mobilize their cadres, civil servants, public employees, laborers and members as well as every citizen to build cultured families; promptly conciliate family discords and protect the lawful rights and interests of family members. Schools shall coordinate with families in educating about, disseminating and popularizing the marriage and family law among young generations.

Diem My

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