Legalize public separation?
The draft for the first time mentions regulations on separation to respond to "legitimate aspirations" inherent in society that cannot be realized due to the lack of relevant laws.
Minister of Justice Ha Hung Cuong: The law cannot avoid the reality of separation in life. Photo: Minh Thang
"The law provides for choices. If they choose to resolve the matter according to the law, it will be more civilized and protect the rights of women and children better. If they do not choose, then that's fine, there is nothing to stop them," said the Minister.
On the other hand, separation is a private agreement between the spouses, so there is no need for the intervention of the Court. If it is necessary to resolve the issue of property, the draft law has provisions on the division of common property and the right not to include private property in common property during the marriage. Furthermore, there are concerns about the exploitation of separation, turning separation into a "suspended marriage" in which the disadvantaged subjects are often women and children.
However, Ms. Truong Thi Mai, Chairwoman of the Social Affairs Committee - the examining agency, said that adding this provision does not affect the decision that separation is considered a private decision of the couple and their right to choose whether or not to request recognition from state agencies.
According to Vietnamnet - DP