Recognition of same-sex unions in Vietnam

Legal status of same-sex unions
Marriage
Performed

Argentina
Australia
Austria*
Belgium
Brazil
Canada
Colombia
Costa Rica+
Denmark
Finland
France
Germany
Iceland
Ireland
Luxembourg
Malta
Mexico:
· 12 states & CDMX
Netherlands1
New Zealand2
Norway
Portugal
South Africa
Spain
Sweden
Taiwan+
United Kingdom3
United States4
Uruguay

Recognized
  1. Not performed in Aruba, Curaçao and Sint Maarten
  2. Neither performed nor recognized in Niue, Tokelau or the Cook Islands
  3. Neither performed nor recognized in Northern Ireland, the dependency of Sark or six of the fourteen overseas territories
  4. Neither performed nor recognized in American Samoa or many tribal jurisdictions with the exception of federal recognition benefits
  5. When performed in Mexican states that have legalized same-sex marriage
  6. When performed in the Netherlands proper
  7. If performed before 1 June 2018
  8. Registration schemes open in all jurisdictions except Hualien County, Penghu County, Taitung County and Yunlin County

* Not yet in effect
+ Automatic deadline set by judicial body for same-sex marriage to become legal

LGBT portal

Same-sex marriage is not legal in Vietnam, nor is any other form of same-sex union recognized.

History

Asia
Same-sex sexual activity legal
  Marriage
  Other type of partnership
  Unregistered cohabitation
  Foreign same-sex marriages recognized
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Not enforced or unclear
  Penalty
  Life in prison
  Death penalty

Previous laws against all forms of cohabitation were repealed under a new marriage law approved by the Parliament in 2000.[1]

In May 2012, a same-sex couple in Ha Tien held a traditional, public wedding at their home but were stopped by local authorities. The event was reported widely on Vietnamese media and started a heated debate on the issue.[2]

Two months later, the Vietnamese Justice Minister, Ha Hung Cuong, announced that the Government was considering legalising same-sex marriage, stating that "in order to protect individual freedoms, same-sex marriage should be allowed." The subject was expected to be debated at the National Assembly in spring 2013.[3][4] However, in February 2013, the Ministry of Justice requested that the National Assembly avoid action until 2014.[5]

In June 2013, the Ministry of Justice submitted a bill that removes the ban on same-sex marriage from the Marriage and Family Law and provides some rights for cohabiting same-sex couples.[6] The National Assembly debated it in October 2013.[7] On 24 September 2013, the Government issued a decree abolishing the fines on same-sex marriages. The decree took effect on 11 November 2013.[8][9][10] On 27 May 2014, the National Assembly's Committee for Social Affairs removed the provision giving legal status and some rights to cohabiting same-sex couples from the government bill to amend the Law on Marriage and Family.[11][12] The bill was approved by the National Assembly on 19 June 2014, and took effect on 1 January 2015.[13][14][15][16]

Article 64 of the Vietnamese Constitution states that: "The family is the cell of society. The State protects marriage and the family. Marriage shall conform to the principles of free consent, progressive union, monogamy and equality between husband and wife. Parents have the responsibility to bring up their children into good citizens. Children and grandchildren have the duty to show respect to and look after their parents and grandparents. The State and society shall recognise no discrimination among children."[17] In November 2013, the article was repealed and replaced by Article 36, which does not contain a definition of marriage.[18][19]

From 12 November 2013, however, the Government would no longer impose any fine on people who carry out public same-sex weddings.[20] In the case local authorities appear to sanction or make intervention, they can take this Decree to protect their legitimate interests.[21]

Public opinion

A survey carried out in December 2012 showed that 37% of Vietnam's population supported the legalization of same-sex marriage, while 58% were against it.[22]

A March 2014 poll found that 33.7% supported same-sex marriage, while 52.9% were opposed.[23]

A survey carried out in December 2016 showed that 45% of Vietnam's population supported the legalization of same-sex marriage, while 25% opposed it.[24]

See also

References

  1. ↑ Vietnam Revised Marriage Family Law
  2. ↑ Gay Couple Fined by Local Authorities, TuoiTre Online
  3. ↑ Vietnam considers legal recognition for gay couples
  4. ↑ Vietnam considers same-sex marriage
  5. ↑ "Vote on same-sex marriage in Vietnam likely to be delayed until 2014".
  6. ↑ (in Vietnamese) P.Thảo (2013-06-26). "Sẽ không cấm kết hôn giữa người đồng giới?". Dân Trí. Retrieved 2013-06-28.
  7. ↑ Gay rights in South-East Asia: Fifty shades of pink
  8. ↑ Vietnam to remove fines on same-sex marriage
  9. ↑ (in Vietnamese) NGHỊ ĐỊNH - QUY ĐỊNH XỬ PHẠT VI PHẠM HÀNH CHÍNH TRONG LĨNH VỰC BỔ TRỢ TƯ PHÁP, HÀNH CHÍNH TƯ PHÁP, HÔN NHÂN VÀ GIA ĐÌNH, THI HÀNH ÁN DÂN SỰ, PHÁ SẢN DOANH NGHIỆP, HỢP TÁC XÃ
  10. ↑ (in Vietnamese) Một số điểm mới về xử phạt vi phạm hành chính tại Nghị định số 110/2013/NĐ-CP Archived 2014-05-17 at the Wayback Machine.
  11. ↑ Vietnamese lawmakers back down on giving rights to same-sex couples
  12. ↑ Vietnam’s Proposed Marriage Law Disappoints LGBT Activists
  13. ↑ LAW On Marriage and Family
  14. ↑ Vietnam allows surrogacy within families, denies same-sex marriage
  15. ↑ Vietnam removes ban on same sex marriage
  16. ↑ Vietnam Set To Lift Gay Marriage Ban
  17. ↑ Constitution 1992 CHAPTER FIVE FUNDAMENTAL RIGHTS AND DUTIES OF THE CITIZEN
  18. ↑ (in Vietnamese) Nghị quyết sửa đổi, bổ sung Hiến pháp năm 1992
  19. ↑ DPA (2013-11-28). "Vietnam amends Constitution". Thehindu.com. Retrieved 2014-01-05.
  20. ↑ Vietnam legalizes gay weddings
  21. ↑ Same sex weddings officially permitted in Vietnam
  22. ↑ Survey undermines progress of same-sex marriage in Vietnam
  23. ↑ "One in three Vietnamese support marriage equality". GayStarNews. March 31, 2014. Archived from the original on April 26, 2014.
  24. ↑ Global Attitudes Survey on LGBT people
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