Summary of rights and obligations in relationship between husband and wife in Vietnam

Summary of rights and obligations in relationship between husband and wife in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for getting married under Vietnamese law

According to Clause 1, Article 8 of the Law on Marriage and Family 2014, a man and a woman wishing to marry each other must satisfy the following conditions:

- The man is full 20 years or older, the woman is full 18 years or older;

- The marriage is voluntarily decided by the man and woman;

- The man and woman do not lose the civil act capacity;

- The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of the Law on Marriage and Family 2014.

+ 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;

2. Summary of rights and obligations in relationship between husband and wife in Vietnam

Personal rights and obligations in relationship between husband and wife are specified in Section 1, Chapter III of the Law on Marriage and Family 2014, specifically as follows:

- Equality in rights and obligations between husband and wife

Husband and wife are equal, having equal rights and obligations in all family affairs and in the performance of citizens’ rights and obligations prescribed in the Constitution, this Law and relevant laws.

- Protection of personal rights and obligations of husband and wife

Personal rights and obligations of husband and wife prescribed in this Law, the Civil Code and other relevant laws shall be respected and protected.

- Husband and wife attachment:

+ Husband and wife have the obligations to love, be faithful to, respect, attend to, care for, and help each other and share family work.

+ Unless otherwise agreed by them or due to requirements of their occupations, work or study, or participation in political, economic, cultural or social activities or for another plausible reason, husband and wife have the obligation to live together.

- Selection of domicile of husband and wife: The domicile of husband and wife shall be selected as agreed by themselves without being bound by customs, practices or administrative boundaries.

- Respect for honor, dignity and prestige of husband and wife: Husband and wife have the obligation to respect, preserve and protect each other’s honor, dignity and prestige.

- Respect for the right to freedom of belief and religion of husband and wife: Husband and wife have the obligation to respect each other’s right to freedom of belief and religion.

- Rights and obligations to study, work and take part in political, economic, cultural and social activities: Husband and wife have the right and obligation to create conditions for each other to select professions; study and raise their educational levels and professional qualifications and skills; and take part in political, economic, cultural and social activities.

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

Specifically, in Article 4 of the Law on Marriage and Family 2014, the State’s and society’s responsibilities for marriage and family are 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.

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