The Law on Marriage and Family (LMF) of 2014 was passed by the National Assembly of the Socialist Republic of Vietnam, 13th Legislature, during its 7th session on June 19, 2014. This law consists of 9 chapters, 133 articles, and has been effective since January 1, 2015. Compared to the LMF of 2000, the LMF of 2014 has been amended and supplemented in several aspects to align with the actual socio-economic conditions of Vietnam.
Article table of contents
1. Increasing the marriage age for males and females
According to the provisions of the Marriage and Family Law of 2000, males from 20 years old and above, and females from 18 years old and above are eligible for marriage. Under this provision, a male who has reached the age of 20 and a female who has reached the age of 18 can marry without violating the age requirements. However, under the Marriage and Family Law of 2014, the marriage age for both males and females is increased and calculated in full years, requiring the male to be at least 20 years old and the female to be at least 18 years old to be eligible for marriage.
2. Non-recognition of same-sex marriage
The 2014 Marriage and Family Law removes the provision "prohibiting marriage between persons of the same sex" but specifically states "non-recognition of marriage between persons of the same sex - Article 8, Clause 2."
3. Permitting surrogacy for humanitarian purposes
Surrogacy for humanitarian purposes is defined as when a woman voluntarily, without commercial purposes, helps a couple whose wife cannot conceive and give birth even with reproductive assistance techniques, by using the wife's eggs and the husband's sperm to fertilize in vitro, then implanting into the uterus of the surrogate volunteer for pregnancy and childbirth.
Conditions for surrogacy for humanitarian purposes are stipulated in Article 95 of the Law as follows:
- Surrogacy for humanitarian purposes must be voluntary among the parties and documented in writing.
- A couple has the right to ask for surrogacy if they meet the following conditions: certified by a competent medical organization that the wife cannot conceive and give birth even with reproductive assistance techniques; the couple does not have common children; has received medical, legal, and psychological counseling.
- The surrogate must meet the following conditions: be a relative of the wife or husband's side; has previously given birth and can only act as a surrogate once; is of appropriate age and certified by a competent medical organization for surrogate capability; if the surrogate is married, written consent from the husband is required; has received medical, legal, and psychological counseling.
- Surrogacy for humanitarian purposes must not violate the laws on reproductive assistance techniques.
4. Regulations on spousal property policies
The 2014 Marriage and Family Law: stipulates spousal property policies based on mutual agreement. Specifically, the agreement must be documented in writing, notarized, or authenticated before marriage. This agreement can be modified after marriage. This regulation aims to minimize property disputes after divorces in the current context.
5. Expanded individuals able to request divorce resolution
From January 1, 2015, in addition to wives, husbands, or both, parents or other relatives can request a divorce resolution when one spouse is mentally ill or suffers from other conditions that prevent them from recognizing and controlling their behavior, and is a victim of domestic violence caused by the spouse, severely affecting their life, health, and mental well-being.
6. Application of customs in marriage and family
The 2000 Marriage and Family Law only stipulated "encouraging people to abolish outdated customs and habits related to marriage and family, promoting good traditions and customs reflecting the identity of each ethnic group; building progressive marital and family relationships." This general stipulation created many loopholes, hindrances, and difficulties for the court in adjudicating marital and family cases where customs and habits had to be applied. The 2014 Marriage and Family Law specifies the application of customs in marriage and family in comparison to the 2000 Law as follows: customs are only applicable when there are no legal provisions, and there are no agreements between the parties, without contradicting principles or violating prohibitions in this Law.
Source: Bao Quang Ninh
