SOME REGULATIONS ON MARRIAGE
 
1. What is marriage?
Marriage is when a man and a woman establish a marital relationship with each other according to the provisions of the 2014 Law on Marriage and Family on marriage conditions and marriage registration.[1]

2. Conditions for marriage[2]

- Men must be 20 years of age or older, women must be 18 years of age or older. The determination of this age of marriage is based on psychological development and average health to ensure that married people have full awareness of their responsibilities to family and society.
- Marriage is decided voluntarily by men and women; that is, marriage is completely voluntary and self-determined by both parties, without being forced by others, whether it is father, mother, grandfather, grandmother or anyone else.
- Men and women do not lose their civil capacity [3]. People getting married must ensure they have full awareness and control of their behavior to be able to decide whether to get married or not.

Note : Cases of prohibited marriage include:[4] 1. Prohibit sham marriage and sham divorce. For example: Agreeing to marry or divorce for reasons such as serving personal interests rather than for love and the purpose of building family happiness. 2. Prohibit early marriage, forced marriage, fraudulent marriage, and obstruction of marriage. Child marriage is getting married when one or both parties are under the legal age of marriage (men 20 years of age or older, women 18 years of age or older [5]); Forced marriage is the act of threatening, intimidating, torturing , mistreating, demanding property or other acts to force another person to get married.[6] Preventing marriage is the act of threatening, intimidating, torturing, mistreating, demanding property or other acts to prevent marriage of a person who is eligible as prescribed by law.[7]   Fraudulent marriage is an intentional act by one party or a third person to mislead the other party into agreeing to the marriage; without this act, the deceived party would not have agreed to the marriage [8]. 3. A married person is prohibited from marrying or living with another person as husband and wife, or from being unmarried from marrying or living with a married person as husband and wife. 4. Marriage or cohabitation as husband and wife is prohibited between people of the same bloodline [9]; between relatives within three generations; between adoptive parents and adopted children; between former adoptive parents and adopted children, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and wife's stepchild, stepmother and husband's stepchild. 5. Prohibit property claims in marriage. For example: The bride's parents require the groom's family to have a certain number of dishes, a certain amount of money, and a certain number of gifts before agreeing to the wedding . 6. Prohibition of forced divorce (forcing divorce even though neither spouse wants it), fraudulent divorce (intentionally falsifying and leading to agreement on divorce), and obstruction of divorce (not allowing divorce even though both spouses want it). 7. Prohibiting giving birth using assisted reproductive technology for commercial purposes, commercial surrogacy [10], choosing the sex of the fetus (choosing a boy or a girl), and asexual reproduction. 8. Prohibition of domestic violence. For example: Husband/wife frequently beats and curses each other; prohibits communication; forces overwork; does not let people know and use family finances. 9. It is forbidden to take advantage of the exercise of marriage and family rights to traffic people, exploit labor, sexually abuse or commit other acts for the purpose of profiteering. For example: Pretending to marry a foreigner to be taken to a prostitution establishment, sold abroad or to a massage or prostitution establishment.

- The state does not recognize same-sex marriage, which means that people of the same sex will not be able to register for marriage.

3. Marriage registration

- Marriage registration is specifically regulated as follows [11]:
+ Competent authority for marriage registration:

• The People's Committee at the commune level carries out domestic marriage registration or marriage registration with foreign elements in communes in border areas.
• The People's Committee at district level carries out marriage registration with foreign partners [12].

+ Marriage registration procedures:

• Step 1 : The person requesting to apply for marriage registration directly at the One-Stop Department of the People's Committee at the commune or district level.
• Step 2 : The civil servant of the one-stop-shop department is responsible for checking the accuracy, completeness and validity of the dossier. If the dossier is complete and valid, the dossier will be accepted, an appointment slip will be issued to return the results and the civil servant will be transferred to the judicial - civil status officer for processing. The judicial - civil status officer will examine the dossier, if it is complete, valid and in accordance with regulations, he/she will record it in the Marriage Registration Book and update the marriage registration information on the Electronic Civil Status Registration and Management Software.
• Step 3 : Citizens (both male and female must be present according to the appointment slip, present identification documents for verification) check the information on the Marriage Certificate, in the Marriage Registration Book, confirm the voluntary marriage and sign the Marriage Registration Book, sign the Marriage Certificate, each male and female receive 01 original copy of the Marriage Certificate .

4. Annulment of illegal marriage

4.1. Who has the right to request the annulment of an illegal marriage? including [13]

         

4.2. Individuals, agencies and other organizations, when discovering an illegal marriage, have the right to request

- State management agencies on family (Ministry of Culture, Sports and Tourism, People's Committees at all levels, etc.);
- State management agencies on children (People's Committees at all levels);
- Women's Union.

5. Early marriage and incestuous marriage

5.1. Concept

- Child marriage is getting married when one or both parties are under the legal age of marriage (men 20 years of age or older, women 18 years of age or older [14]);
- Consanguineous marriage is the marriage or cohabitation between people of the same bloodline, who are related by blood; between people who are related within three generations (people born from the same origin including: parents are the first generation; full brothers and sisters, half brothers and sisters are the second generation; children of uncles, aunts, paternal uncles, maternal uncles, and paternal aunts are the third generation).
The situation of early marriage and consanguineous marriage still exists in some places, especially in some ethnic minority areas in remote, isolated and particularly difficult areas, and has caused many consequences for individuals, families and society. In addition to the causes arising from residential conditions, economy and backward customs; the low level of education of the people, limited access to information, limited awareness and compliance with the law, and lack of understanding of the consequences of early marriage and consanguineous marriage; in some places, local authorities have not really paid attention to propaganda activities, dissemination of legal education, especially the 2014 Law on Marriage and Family ; the punishment of cases of early marriage is not enough to deter...

Note: The 2014 Law on Marriage and Family prohibits child marriage and incestuous marriage.

5.2. Consequences

- Consequences of early marriage:
+ Physically: people who get married early are seriously affected in terms of health. According to scientific research, people under the age of marriage (men under 20 years old, women under 18 years old) are not fully developed in terms of psychology and physical health. Having sex early and giving birth early will adversely affect the health of the mother and child and often lead to premature birth; especially those giving birth under 15 years old, have a higher risk of death than women giving birth at the age of 20; children born to women who get married early are often stunted, weak or sick;
+ Mentally : getting married and having children early makes couples have no time to study, rest, relax, have fun, and have no conditions to participate in entertainment, cultural, artistic activities and self-development;
+ Regarding education : early marriage often leads to dropping out of school, limiting the development of children's personality, talent and intelligence;
+ Economically: Early marriage often makes family life difficult and deprived, because the couple is young and does not have a stable income, so they do not have a stable economy, their young children often get sick, and the young couple lacks experience in raising children, which can lead to discord and poor quality of life;
+ Regarding society : Child marriage is a burden on society, rapid population growth, low population quality, putting pressure on education and health care. Child marriage is the cause of poverty and backwardness and a burden on the community and society.
- Consequences of incestuous marriage
+ Many studies show that incestuous marriage is the cause of diseases such as:

• Early hearing loss, vision loss;
• Birth defects, genetic disorders;
• Disability, mental retardation;
• Slow or no physical development;
• There are cases of epilepsy, blood disorders, congenital hemolytic anemia, bone deformities, intellectual disability, albinism, psoriasis... leading to reduced life expectancy.

+ Incestuous marriage has negative impacts on morality, traditional culture, clan and family relationships. Children born with illnesses are a burden to the family, because they have to take care of and treat their children, have economic difficulties, are always self-conscious, and have difficulty integrating into the community.
+ Incestuous marriage affects the quality of population, human resources and race. This is a barrier to socio-economic development, holding back social progress.

6. Handling of illegal marriages

6.1. Concept

- Illegal marriage is when a man and a woman have registered their marriage at a competent state agency but one or both parties violate the marriage conditions [15](men must be 20 years old or older, women must be 18 years old or older, both parties are voluntary and do not lose civil capacity).
- Cases such as: Fake marriage; early marriage; forced or deceitful marriage; marriage with a married person; marriage between people of the same bloodline; between relatives within three generations; between adoptive parents and adopted children; between former adoptive parents and adopted children, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and wife's stepchild, stepmother and husband's stepchild... are considered illegal marriages.

6.2. Handling of illegal marriages [16]:

- The process is as follows:
+ The competent authority to handle illegal marriages: District People's Court; for marriages with foreign elements, it is carried out by the Provincial People's Court according to the provisions of the 2014 Law on Marriage and Family and the law on civil procedure.
+ The Court's decision on the annulment of an illegal marriage or recognition of a marriage relationship must be sent to the agency that registered the marriage for recording in the family register; the two parties to the illegal marriage; and relevant individuals, agencies and organizations according to the provisions of the law on civil proceedings.

Note : In case at the time the Court resolves the request to annul the illegal marriage, both parties have met the conditions for marriage as prescribed by the Law and both parties request recognition of the marriage relationship, the Court shall recognize that marriage relationship. In this case, the marriage relationship is established from the time the parties meet the conditions for marriage.

- Legal consequences of illegal marriage annulment [17]:
+ When an illegal marriage is annulled, the two parties to the marriage must end their relationship as husband and wife.
+ The rights and obligations of fathers, mothers and children are resolved according to the regulations on the rights and obligations of fathers, mothers and children after divorce.
+ Property relations, obligations and contracts between the parties are resolved according to the provisions of law.[18]

7. Rights and obligations of husband and wife

7.1. General principles

- Husband and wife are equal in rights and obligations.
- Husband and wife are equal to each other, have equal rights and obligations in all aspects of the family, in exercising the rights and obligations of citizens as prescribed in the 2013 Constitution , the 2014 Law on Marriage and Family and other relevant laws.[19]
For example: Husband and wife both have the same right to vote, the right to study and work. The reason that the husband or wife is the head of the household cannot be used to prohibit the other (wife or husband) from exercising their rights.

7.2. Protection of personal rights and obligations of husband and wife

The personal rights and obligations of husband and wife are respected and protected [20]. For example: Husband and wife have the right to private life, personal secrets, and family secrets.

7.3. Husband and wife relationship[21]

- Husband and wife have the duty to love, be faithful, respect, care for, look after, and help each other; to share and perform household chores together. This is the common duty of both husband and wife; not only the wife has the duty of housework, taking care of children, etc.
- Husband and wife have the obligation to live together, unless otherwise agreed by the husband and wife or due to requirements of profession, work, study, participation in political, economic, cultural, social activities or other legitimate reasons.
7.4 . Choice of place of residence of spouses :​​​​​​
The choice of residence of husband and wife is agreed upon by the husband and wife, not bound by customs, practices, or administrative boundaries.[22]

7.5. Other obligations

- Respect the honor, dignity and reputation of husband and wife: Husband and wife have the obligation to respect, preserve and protect each other's honor, dignity and reputation.[23]
- Respecting the freedom of belief and religion of husband and wife: Husband and wife have the obligation to respect each other's freedom of belief and religion.[24]
- Rights and obligations regarding study, work, participation in political, economic, cultural and social activities: Husband and wife have the right and obligation to create conditions and help each other choose a career; study, improve cultural, professional and technical level; participate in political, economic, cultural and social activities.[25]

8. Divorce

8.1. Concept

- Divorce is the termination of a marital relationship according to a legally effective judgment or decision of the Court . [26]Thus, legally, a marital relationship ends and is recognized as a divorce when there is a legally effective judgment or decision of the Court.
- A sham divorce is the act of taking advantage of divorce to avoid property obligations, violate population policies and laws, or to achieve other purposes that are not intended to end a marriage.[27]
- The law strictly prohibits taking advantage of divorce to evade property obligations, violate population policies and laws, or to achieve other purposes other than the purpose of ending a marriage; threatening, intimidating, mentally abusing, mistreating, demanding property, or other acts to force others to maintain a marriage against their will.
8.2. Right to request divorce settlement 
8.2.1 Persons with the right to request divorce settlement [28]:
- The wife, husband or both have the right to request the Court to settle the divorce.
- Fathers, mothers, and other relatives have the right to request the Court to resolve a divorce when one spouse is mentally ill or has another illness that prevents them from perceiving or controlling their behavior, and is also a victim of domestic violence caused by their husband or wife, seriously affecting their life, health, and spirit.

1.2.2Basis for divorce settlement

Note : The Court will only resolve the divorce for the couple when there is a basis for divorce. In the case of not registering the marriage but requesting a divorce, the Court will accept the case and declare that the marital relationship is not recognized because the man and woman have the conditions to get married according to the regulations but living together as husband and wife without registering the marriage does not create rights and obligations between the husband and wife; if there is a request regarding children and property, it will be resolved as follows: - The rights and obligations between men and women living together as husband and wife and their children are resolved according to the provisions on the rights and obligations of parents and children. - Property relations, obligations and contracts between men and women living together as husband and wife without registering their marriage shall be resolved by agreement between the parties; in case there is no agreement, they shall be resolved according to the provisions of the Civil Code and other relevant provisions of law. - The settlement of property relations must ensure the legitimate rights and interests of women and children; housework and other related work to maintain the common life is considered as income-generating labor.

 Grounds for divorce include:
a) Divorce by mutual consent
The grounds for divorce when both husband and wife request to terminate the marriage are shown by a petition for divorce by mutual consent or both husband and wife request a divorce.
“In the case where both husband and wife request a divorce, if it is found that both parties truly voluntarily divorce and have agreed on the division of property, the care, upbringing, care and education of children on the basis of ensuring the legitimate rights of the wife and children, the Court shall recognize the divorce by mutual consent; if no agreement is reached or there is an agreement but it does not ensure the legitimate rights of the wife and children, the Court shall resolve the divorce.”[29]
b) Divorce at the request of one party[30]
When one spouse requests a divorce; the spouse commits domestic violence, seriously violates the obligations of the spouse, causing the marriage to fall into a serious situation, the common life cannot be prolonged, and the purpose of the marriage cannot be achieved. The subject of the violent act can be one spouse or other family members (father, mother-in-law, father, mother-in-law, etc.). Serious violation of the obligations of the spouse is understood as violating the obligation of fidelity, destroying property, violating regulations on representation: arbitrarily establishing, performing, terminating transactions; hindering the right to freedom of assembly, participating in cultural activities, etc. These acts are the direct cause of the serious marital situation, the common life cannot be prolonged, and the purpose of the marriage cannot be achieved.
c) Divorce in case of third party request
Parents and relatives of the spouses request a divorce when there is a basis for the spouses to commit acts of violence that seriously affect the life, health and spirit of the other. The conditions for parents and relatives to request a divorce for the spouses are: one spouse has a mental illness or other illness that prevents them from perceiving and controlling their behavior, and at the same time, that person is a victim of domestic violence caused by their husband or wife. The acts of violence seriously affect the life, health and spirit of the victim.[31]

8.2.3. Reconciliation in divorce proceedings

The State and society encourage grassroots reconciliation when a husband and wife request a divorce. Reconciliation is carried out in accordance with the provisions of the law on grassroots reconciliation. [32]Grassroots reconciliation is only encouraged but not required when a husband and wife request a divorce.

8.2.4. Principles for settling property of husband and wife upon divorce[33]

a) In case of statutory property regime of spouses, the settlement of property shall be agreed upon by the parties; if no agreement is reached, at the request of the wife, husband or both spouses, the Court shall settle in accordance with the provisions of the 2014 Law on Marriage and Family [34].
In case the property regime of spouses is by agreement, the settlement of property upon divorce shall be applied according to that agreement; if the agreement is not complete and clear, the corresponding provisions of the 2014 Law on Marriage and Family shall be applied for settlement.[35]
b) The common property of the spouses is divided equally, taking into account the following factors:
i) The circumstances of the family and of the husband and wife. For example : the health status, assets, ability to work and generate income after the divorce of the husband and wife as well as of other family members that the couple has the right and obligation to support. The party who is in more difficulty after the divorce is given a larger share of the assets than the other party or is given priority to receive the type of assets to ensure the maintenance and stability of their lives;
ii) The husband and wife's contributions to the creation, maintenance and development of the common property. The husband and wife's labor in the family is considered as income-generating labor. For example : The wife or husband who stays at home to take care of the children and family without going to work is considered a worker with an income equivalent to the income of the husband or wife who goes to work. The party who contributes more will receive a larger share;
iii) Protect the legitimate interests of each party in production, business and career so that the parties have the conditions to continue working to generate income. For example, a husband and wife have common property, which is a car the husband is driving a taxi worth 500 million VND and a grocery store the wife is running worth 300 million VND. When resolving the divorce and dividing the common property, the Court must consider handing over the grocery store to the wife and the car to the husband so that they can continue to do business and generate income. The husband who receives the larger value of the property must pay the wife the value of 100 million VND;
iv) The fault of each party in violating the rights and obligations of the spouses. For example, in the case where the husband commits acts of domestic violence, is unfaithful or destroys property, when resolving the divorce, the Court must consider the husband's fault when dividing the common property of the spouses to ensure the rights and legitimate interests of the wife and minor children.
c) The common property of the spouses is divided in kind. If it cannot be divided in kind, it shall be divided according to its value; the party receiving the property in kind with a value greater than the portion they are entitled to must pay the other party the difference.
d) The separate property of a husband or wife belongs to that person, except in cases where the separate property has been incorporated into the common property.
In the event of a merger or mixture of private property with common property, if the husband and wife request a division of property, they will be paid the value of their property contributed to that property, unless otherwise agreed by the husband and wife.
e) Protect the legitimate rights and interests of wife, minor children, adult children who have lost civil act capacity or are unable to work and have no property to support themselves.
8.3. Child care, custody, upbringing and education after divorce[36]
- After divorce, parents still have the rights and obligations to look after, care for, raise and educate minor children, adult children who have lost civil act capacity or are unable to work and have no property to support themselves according to the provisions of the 2014 Law on Marriage and Family, the Civil Code and other relevant laws.
- Husband and wife agree on the person who will directly raise the child, the obligations and rights of each party after the divorce towards the child; in case of failure to reach an agreement, the Court shall decide to assign the child to one party to directly raise based on the child's interests in all aspects; if the child is 7 years of age or older, the child's wishes must be considered.
- Children under 36 months of age are entrusted to the mother for direct care, except in cases where the mother is not qualified to directly look after, care for, raise and educate the child or the parents have another agreement suitable for the child's interests.
8.4. Obligations and rights of parents who do not directly raise their children after divorce
Regarding the obligations and rights of parents who do not directly raise their children after divorce, they are stipulated as follows [37]:
- Parents who do not directly raise their children have the obligation to respect the child's right to live with the person who directly raises them.
- Parents who do not directly raise their children have the obligation to support them.
- After divorce, the person who does not directly raise the child has the right and obligation to visit the child without being hindered by anyone.
If the parent who does not directly raise the child abuses visitation rights to hinder or negatively affect the care, upbringing, and education of the child, the parent who directly raises the child has the right to request the Court to restrict that person's visitation rights to the child.
8.5. Obligations and rights of the parent directly raising the child towards the parent not directly raising the child after divorce[38]
- The parent directly raising the child has the right to request the person not directly raising the child to perform the obligations and rights of the parent not directly raising the child after the divorce; request the person not directly raising the child and family members to respect their right to raise the child.
- The parent who directly raises the child has the right to request the person who does not directly raise the child to perform the obligations and rights of the parent who does not directly raise the child after the divorce .