Three new issues in the draft amendment to the Law on Marriage and Family
(Baonghean) - In a recent press conference, the drafting committee of the Law Project to amend and supplement the Law on Marriage and Family said that in the near future, the Law on Marriage and Family will be supplemented with a number of articles, including 3 very new articles:
1/ Abolish the regulation prohibiting marriage between people of the same sex.
2/ It is not necessary to go to court if the couple agrees to divorce.
3/ Supplementing regulations on allowing surrogacy for humanitarian purposes.
All three of these are considered by the drafting committee to be a big step forward in awareness as well as boldness in approaching new issues arising from life in the revised Law. Specifically, on Same-sex Marriage.
The drafting committee proposes to abolish the provisions in Clause 5, Article 10 of the current Law on Marriage and Family. Accordingly, the State does not declare to recognize but also does not prohibit marriage between people of the same sex.
That is, people of the same sex can live together as husband and wife, the State does not consider it illegal. This couple also has obligations and enjoys all the provisions of the law like couples of the opposite sex, without discrimination. Why does the Law allow it but the State does not recognize it? This is a matter of changing awareness, changing the thousand-year-old customs of the nation regarding marriage and family.
The State’s caution is necessary to ensure that the change is at a level appropriate to the general level of awareness, avoiding “shock” from public opinion, and at the same time being consistent with our current socio-economic development conditions. As everyone knows, out of nearly 200 countries in the world, only 11 countries currently recognize same-sex marriage. Even France, with such a developed civilization, this issue is still controversial and there is no consensus among public opinion.
And in the US, not all states' laws currently open the door to same-sex marriage. No country in Asia has recognized this issue in its law. That said, our revised Marriage and Family Law this time has made great progress, ahead of many other countries in how to solve the issue of same-sex marriage. Our country has approximately 90 million people, an estimated 3% of whom are homosexuals and transgender, meaning that approximately 3 million people are "not prohibited" by law, which means they are allowed to find a partner to live with, freeing them from the constraints of old concepts, helping them to be bold and confident on the path to finding their own personal happiness. That is the affirmed humanity of this amendment to the Law.
The revised Law on Marriage and Family also mentions the issue of consensual divorce without the need to go to court. Normally, to put it simply, the court is there to resolve conflicts and disputes. If there is no conflict or dispute between the husband and wife, then there is certainly no need to go to court.
In the case of a consensual divorce, without any dispute over property, without any dispute over child custody or care, then the divorce of the two people is only a matter of reporting to the local civil registration office. That's it! Is it too simple? Don't worry about that simplicity, because, after a voluntary divorce, if there are problems, conflicts, or disputes that need to be resolved according to procedural law, the Court will continue to resolve it as a civil case between citizens. That said, if the two people have consensual divorce without going to Court, we are sure that they will know how to resolve their matter smoothly, without this overly complicated "post-operative" part!
When science impacts life, life gives rise to new problems! A new problem that needs the law's attention is the issue of surrogacy. Surrogacy can be for humanitarian purposes, but it can also be for commercial purposes! The law also needs a "discerning eye" to distinguish between the two purposes in the same act. According to the Drafting Committee for the Law Amendment, the Law will supplement regulations to support surrogacy for humanitarian purposes, and at the same time, promulgate regulations to prevent and stop surrogacy for commercial purposes.
Next October, the Law on Marriage and Family will be supplemented and amended, and the new provisions will be discussed and approved at the National Assembly session. From now on, everyone should pay attention to research and contribute their valid opinions before the new law is enacted…
Litmus