Some new points of the Law on Marriage and Family (amended)

(Baonghean) - The amended Law on Marriage and Family was passed at the 7th session of the 13th National Assembly and took effect from January 1, 2015, with 10 chapters and 133 articles. The Law regulates issues such as: Marriage; relationship between husband and wife; termination of marriage; relationship between father, mother and children; relationship between other family members; alimony; marriage and family relations with foreign elements... Inheriting and developing the Law on Marriage and Family of 1959 and 1986, especially amending and supplementing the shortcomings and limitations of the Law on Marriage and Family of 2000, the amended Law on Marriage and Family this time has many new points:

- Application of customs in marriage and family: The 2014 amended Law on Marriage and Family specifically regulates the application of customs in marriage and family (Article 7). This regulation demonstrates respect for good customs, and also clarifies the conditions for customs to be applied, emphasizing compliance with the basic principles of the marriage and family regime, ensuring the strictness of the law. The Government will issue a decree to ensure the feasibility of this regulation.

- Raising the age of marriage: Raising the age of marriage for women to 18 years old instead of just over 18 years old as stipulated in the Law on Marriage and Family 2000. The new law stipulates the age of marriage for women to be 18 years old or older and for men to be 20 years old or older. The reason for this change is that if the age of marriage for women is just over 18 years old, this provision is inconsistent with the Civil Code and the Civil Procedure Code. That is, according to the 2005 Civil Code, a person under 18 years old is a minor, when establishing and performing civil transactions, the consent of the legal representative is required... According to the 2004 Civil Procedure Code, the parties must be 18 years old or older to have full capacity for civil proceedings. Thus, allowing people under 18 years old to get married is unreasonable, inconsistent and limits some rights of women when establishing transactions such as the right to request a divorce, which requires a representative.

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- The law does not prohibit same-sex marriage: Regarding same-sex marriage, the 2000 Law on Marriage and Family prohibits same-sex marriage, and because of the prohibition, there will be sanctions and penalties. The 2014 amended Law on Marriage and Family removed the provision "prohibiting marriage between people of the same sex" but specifically stipulated "not recognizing marriage between people of the same sex" (Clause 2, Article 8). Thus, people of the same sex can still get married, but will not be protected by the law when disputes arise. This is the State's recognition of marriage between people of the same sex in the current social situation.

- Allowing surrogacy: The Law on Marriage and Family has officially recognized and allowed surrogacy for humanitarian purposes (Regulations from Article 93 to Article 98). Accordingly, couples who, for some reason, cannot give birth themselves have the right to ask a surrogate mother when they meet all the following conditions: Certificate from a competent medical organization that the wife cannot get pregnant and give birth even when using assisted reproductive techniques; the couple does not have children together; have received medical, legal, and psychological counseling. Accordingly, the person asked to be a surrogate mother must meet all 5 conditions: Be a relative of the same line as the wife or husband who is asking for surrogacy; have given birth and can only be a surrogate mother once; be of the appropriate age and have confirmation from a competent medical organization about the ability to be a surrogate mother; in case the surrogate mother has a husband, she must have the written consent of the husband and have received medical, legal, and psychological counseling.

- Housework is considered as paid labor: A notable new point in this revised law is that the provisions on resolving property relations must ensure the legitimate rights and interests of women and children. The difference compared to the current Law on Marriage and Family is that the new law clearly stipulates that housework and other related work to maintain a common life are considered paid labor.

- Additional subjects required to resolve divorce: The new Law on Marriage and Family also adds additional subjects required to resolve divorce. Accordingly, instead of only the wife, husband or both spouses having the right to request the Court to resolve divorce as before, from January 1, 2015, fathers, mothers, and other relatives can also request to resolve divorce when one spouse, due to mental illness or other illness, cannot perceive or control his or her behavior, and is also a victim of domestic violence caused by the husband or wife, seriously affecting their life, health, and spirit. The husband does not have the right to divorce when the wife is pregnant, giving birth, or raising a child under 12 months old.

In addition, some new points are also recognized by the law such as: Regulations on the property regime of spouses according to agreement; Agreement on property upon divorce; Specific regulations on how to resolve children, property, obligations and contracts of the parties when men and women live together as husband and wife without registering their marriage based on the agreement between the parties; Obligations towards children upon divorce...

Trong Hai