Is same-sex marriage against the law?

Nowadays, same-sex marriage is probably no longer a strange or rare thing for us. Along with global integration, people also have a much more open view than before. But perhaps few people know that previously the 2000 Law on Marriage and Family had regulations prohibiting marriage between people of the same sex, and even had sanctions for this behavior, which was a fine of 100,000 VND. – 500,000 VND.

However, stemming from social reality, the 2014 Law on Marriage and Family removed the regulation "prohibiting marriage between people of the same sex".

Is marriage between same-sex people a violation of the law?

Pursuant to the provisions of Article 5 of the 2014 Law on Marriage and Family as follows:

“Article 5. Protection of marriage and family regime

1. Marriage and family relationships established and implemented in accordance with the provisions of this Law are respected and protected by law.
2. The following acts are prohibited:
3. a) Fake marriage, fake divorce;
4. b) Child marriage, forced marriage, fraudulent marriage, obstruction of marriage;
5. c) A married person who marries or lives as husband and wife with another person or who is unmarried or unmarried but marries or lives as husband and wife with a married person;
6. d) Marriage or living together as husband and wife between people of the same direct blood line; between people whose last name is within three generations; between adoptive parents and adopted children; between the person who was once a father, adoptive mother and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and the wife's stepchild, stepmother and the husband's stepchild;

d) Claiming wealth during marriage;

1. e) Forced divorce, fraudulent divorce, obstruction of divorce;
2. g) Performing childbirth using assisted reproductive technology for commercial purposes, surrogacy for commercial purposes, fetal sex selection, asexual reproduction;
3. h) Domestic violence;
4. i) Taking advantage of the exercise of marriage and family rights to engage in human trafficking, labor exploitation, sexual abuse or other acts for profit-seeking purposes.
5. All violations of the law on marriage and family must be handled strictly and according to the law.

Agencies, organizations and individuals have the right to request Courts and other competent agencies to apply timely measures to prevent and handle people who violate the law on marriage and family.

4. The honor, dignity, reputation, privacy and other privacy rights of the parties are respected and protected in the process of resolving marriage and family cases."

Thus, currently, the law no longer prohibits marriage between same-sex people. 

Is gay marriage recognized by Vietnamese law?

Pursuant to the provisions of Article 8 of the 2014 Law on Marriage and Family on marriage conditions as follows:

"first. Men and women marrying each other must comply with the following conditions:

1. a) Men are 20 years old or older, women are 18 years old or older;
2. b) Marriage is decided voluntarily by men and women;
3. c) Not lose civil act capacity;
4. d) The marriage does not fall into one of the cases where marriage is prohibited as prescribed in Points a, b, c and d, Clause 2, Article 5 of this Law.
5. The state does not recognize marriage between people of the same sex.”

Thus, it can be seen that marriage is the relationship between husband and wife after marriage. And marriage is when a man and a woman establish a husband and wife relationship to create a family. In particular, a legal marriage must be married in accordance with the law and registered with a competent authority. Currently, same-sex people can get married and live together, but according to the law

Also in this law, the State does not recognize marriage between people of the same sex, married people of the same sex are not considered husband and wife and cannot register their marriage with state agencies. Therefore, gay couples are currently not recognized by Vietnamese law as a legal marriage. Therefore, current same-sex couples only live together and do not have a legally binding relationship in terms of rights, obligations between husband and wife, alimony and common property formed during the marriage period. core.

Can I have a same-sex marriage if I change my gender?

Pursuant to Article 37 of the 2015 Civil Code on gender transition, it is stipulated as follows: “Gender change is carried out according to the law. Individuals who have changed gender have the right and obligation to register for changes in civil status according to the provisions of law on civil status; have moral rights appropriate to the gender that has been converted according to the provisions of this Code and other relevant laws."

Accordingly, individuals have the right to change gender. However, there are currently no specific instructions on civil status procedures related to gender change and there are only gender reassignment procedures. Therefore, if you want to register a marriage, you must first have your gender recognized (after conversion) before you can marry according to regulations.