On June 19, 2014, the National Assembly passed the Law on Marriage and Family to replace the Law on Marriage and Family of 2000, which took effect from January 1, 2015. The Law on Marriage and Family of 2014 inherits the Law on Marriage and Family of 2000 and includes several new provisions.
Article table of contents
Prohibited Acts
According to the provisions of Clause 2, Article 5 of the Law on Marriage and Family 2014, there are 18 prohibited acts to protect marriage and family policies. Compared to the provisions of Clause 2, Article 4 of the Law on Marriage and Family 2000, there are 7 more prohibited acts. The additional prohibited acts are:
- Prohibition of obstructing divorce
- Prohibition of performing childbirth using assisted reproductive techniques for commercial purposes
- Prohibition of surrogate pregnancy for commercial purposes
- Prohibition of choosing the sex of the fetus
- Prohibition of asexual reproduction
- Prohibition of marriage or cohabitation as husband and wife between persons in a direct bloodline, between persons within three generations, between adoptive parents and adopted children, between those who used to be adoptive parents and adopted children, between fathers-in-law and daughters-in-law, mothers-in-law and sons-in-law, stepfathers and the separate children of their wives, stepmothers and the separate children of their husbands.
- Prohibition of exploiting marriage and family rights to traffic, exploit labor, sexually abuse, or conduct other acts for profiteering purposes.
Conditions for Marriage
Regarding the age for marriage, according to Point a, Clause 1, Article 8: "Men must be at least 20 years old, women must be at least 18 years old." This provision differs from Clause 1, Article 9 of the Law on Marriage and Family 2000, where men must be at least 20 years old, not from 20 years old onwards, while women must be at least 18 years old, not from 18 years old onwards.
Regarding same-sex marriage, according to Clause 2, Article 8: "The State does not recognize marriage between people of the same sex." This regulation marks an end to the idea of those wishing for the State to recognize same-sex marriage.
Regarding Persons with the Right to Request Annulment of Illegal Marriages
According to the provisions of Article 10, individuals, agencies, and organizations stipulated in Clause 1, Article 10 of the Law on Marriage and Family 2014 can directly request the court to annul illegal marriages without requiring the Procuracy's proposal to the court. This also abolishes the provision that the Procuracy has the right to request the court to annul illegal marriages.
Regarding the Right to Request Divorce Settlement
Unlike the Law on Marriage and Family 2000, regarding the right to request divorce settlement, the Law on Marriage and Family 2014, in addition to maintaining the provision "either spouse or both have the right to request the court to settle the divorce", has added new subjects. According to Clause 2, Article 51 of the Law on Marriage and Family 2014, the additional subjects are: "Parents, other close relatives have the right to request the court to settle the divorce when one spouse suffers from a mental illness or other disease and cannot perceive or control their behavior, and is also a victim of domestic violence caused by their spouse, seriously affecting their life, health, or spirit." This regulation addresses cases where couples met the legal conditions for marriage, but due to subsequent reasons such as work accidents or traffic accidents causing mental illness, they want to divorce but cannot, or if they manage to, it's done via legal loopholes under the form of having a guardian represent the mentally ill person in the proceedings.
Regarding the Basis for Divorce Settlement
The Law on Marriage and Family 2000 provides two cases for the court to settle divorce: Case 1: "Serious condition, the common life cannot be prolonged, and the marital purpose is not achieved" and Case 2: "The spouse is declared missing by the court." The Law on Marriage and Family 2014 retains these two cases and adds other cases. Additional 1: "There is a basis for determining that the spouse commits domestic violence leading to a serious condition, and the common life cannot be prolonged, and the marital purpose is not achieved." Additional 2: In cases where parents or other close relatives request a divorce according to Clause 2, Article 51, if there is a basis "for determining that the spouse commits domestic violence seriously affecting the life, health, or spirit of the other spouse" (Article 51 Law on Marriage and Family 2014 provisions).
Regarding the Sending of Court Judgments and Decisions
The Code of Civil Procedure (BLTTDS) stipulated the sending of court judgments and decisions to participants in the legal proceedings. However, due to the requirements of certain civil status and household registration management agencies, the Law on Marriage and Family 2014 provided that the court sends judgments and decisions regarding marriage and family cases as follows:
Annulment of illegal marriages, Clause 3, Article 11 provides: "Court decisions on annulment of illegal marriages or recognition of marital relations must be sent to the agency that registered the marriage for record in the civil status book, and to both parties in the illegal marriage..."
When terminating a marriage, Clause 2, Article 57 provides: "The court handling the divorce must send the judgment or decision that has taken legal effect to the agency that registered the marriage for record in the civil status book..."
Determining parentage, Clause 2, Article 101 provides: "... Court decisions on parentage must be sent to the civil status registration agency for recording according to the civil status law".
These provisions require the court to implement them. According to Article 1 of Decree No. 158/2005/ND-CP dated December 27, 2005, of the Government of Vietnam on civil status registration and management, civil status is: "the basic events determining a person's personal status from birth to death" and as provided for in Article 77 of this Decree, the Provincial People's Committee (UBND) manages civil status within its locality. The Department of Justice assists the Provincial People's Committee in implementing the tasks and powers in civil status management. Therefore, it is understood that court decisions on determining parentage are sent to the Department of Justice. While court judgments and decisions on annulment of illegal marriages or recognizing marital relations for divorce must be sent to the agency that carried out the marriage registration.
Source: congly.vn
