Recognition of same-sex unions in Vietnam

Vietnam does not recognize same-sex marriages, civil unions, domestic partnerships, unregistered cohabitation, or any other form of recognition for same-sex couples.[1] Article 36(1) of the 2013 Constitution of Vietnam states that "marriage must adhere to the principles of voluntariness, progressiveness, monogamy, and equality between husband and wife."[2]

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Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
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Notes
  1. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. Neither performed nor recognized in six British Overseas Territories.
  4. Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  6. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. All EU member states except Romania follow the ruling.
  7. Residency rights for foreign spouses of legal residents.
  8. Unregistered cohabitation or maitri karar–type contractual relationships, but they are not legally binding.
  9. Some cities and prefectures issue partnership certificates, though not legally formalized.
  10. Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  11. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
  12. Hospital visitation rights through a "legal representative" status
* Not yet in effect
LGBT portal

Same-sex marriage is not recognized in Vietnam, despite attempts at legalisation in 2013 and 2014. In 2013, the Government of Vietnam announced it would no longer fine people who carry out public same-sex wedding ceremonies; however, these unions have no legal recognition, and as such same-sex couples are unable to access the rights and benefits of marriage, including with regard to social security, inheritance, adoption, common ownership of property and goods, tax benefits, and others.[3][4][5]

Background

Attempts to hold unofficial same-sex marriages in the late 1990s were met with mixed reactions from the government. A male couple held a ceremony in Ho Chi Minh City in 1997. One official stated, "It should be publicly condemned." However, the police said that there was no legal framework under which the two men could be charged. Another attempt in 1998 by a lesbian couple in the province of Vĩnh Long, however, was officially sanctioned. The Ministry of Justice later intervened and ordered the annulment of the union, stating it was "illegal and runs counter to the morals and traditional customs of the Vietnamese nation." A law was passed three months later officially banning same-sex unions in Vietnam.[6]

Previous laws against all forms of cohabitation were repealed under a new marriage law approved by the National Assembly in 2000.[7]

Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Other type of partnership
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books, but not enforced
  Enforced death penalty

Article 64 of the Constitution of Vietnam adopted in 1992 stated 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."[8] Article 36(1) of the 2013 Vietnamese Constitution is similar, reading:[9][10][2]

Men and women have the right to marry and divorce. Marriage must adhere to the principles of voluntariness, progressiveness, monogamy, and equality between husband and wife.[lower-alpha 1]

Article 10(5) of the Law on Marriage and Family (Vietnamese: Luật Hôn nhân và Gia đình, pronounced [lwə̀kʔ hōŋ ɲə̄ŋ vâː jāː ʔɗɨ̂n]) contained an explicit ban on same-sex marriage. In 2014, the National Assembly removed that ban and enacted the following provision in Article 8(2): "the State shall not recognize marriage between persons of the same sex".[11]

Legalization attempts

In May 2012, a same-sex couple in Hà Tiên held a traditional, public wedding at their home, but were stopped by local authorities. The event was widely reported on Vietnamese media and started a heated debate on the issue.[12] Two months later, the Minister of Justice, Hà Hùng Cường, said that the government was considering whether to legalise same-sex marriage, stating that "in order to protect individual freedoms, same-sex marriage should be allowed". The matter was expected to be debated in the National Assembly in spring 2013.[13][14] However, in February 2013, the Ministry of Justice requested that the National Assembly avoid action until 2014.[15]

In June 2013, the Ministry of Justice submitted a bill to remove the same-sex marriage ban from the Law on Marriage and Family,[16] and provide some legal rights to cohabiting same-sex couples.[17] The National Assembly debated the bill in October 2013.[18] On 27 May 2014, the National Assembly's Committee for Social Affairs removed the provisions giving legal rights to cohabiting same-sex couples from the legislation.[19][20] The bill was approved by the National Assembly on 19 June 2014, promulgated by President Trương Tấn Sang on 26 June,[21] and took effect on 1 January 2015, but without provisions recognizing same-sex unions. The law removed the same-sex marriage ban in Article 10(5) of the Law on Marriage and Family and enacted a provision in Article 8(2) that Vietnam does not "recognize marriage between persons of the same sex".[22][23][24][25] Nguyễn Anh Tuấn, the head of a gay tourist agency in Hanoi, told NBC News, "It's not perfect… It's not completely there but it is a great step in the right direction."[6]

On 24 September 2013, the government issued a decree abolishing the penalty for holding same-sex marriage ceremonies. The decree took effect on 11 November 2013.[26][27][28] Since that date, the government no longer imposes fines on people who carry out public same-sex wedding ceremonies.[29][30]

On 22 January 2019, at the country’s third Universal Periodic Review, Iceland, the Netherlands and Canada recommended Vietnam to legalize same-sex marriage.[31] On 4 July 2019, the government "noted" (rejected) these recommendations.[32]

Public opinion

A survey carried out in December 2012 by the Institute for Studies of Society, Economy and Environment (iSEE) showed that 37% of Vietnam's population supported the legalization of same-sex marriage, while 58% were opposed.[33]

A March 2014 poll by the iSEE found that 33.7% of Vietnamese supported same-sex marriage, while 52.9% were opposed. 41.2% of respondents supported recognizing same-sex cohabitation or civil unions, and 72% of Vietnamese believed that legalising same-sex marriage would not negatively affect their families.[34]

An online survey carried out by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) from December 2015 to January 2016 found that 45% of respondents supported the legalization of same-sex marriage, while 25% opposed it.[35]

See also

Notes
  1. In Vietnamese: Nam, nữ có quyền kết hôn, ly hôn. Hôn nhân theo nguyên tắc tự nguyện, tiến bộ, một vợ một chồng, vợ chồng bình đẳng, tôn trọng lẫn nhau.

References
  1. Nguyen, Thoi (28 February 2020). "The Fight for LGBT Rights in Vietnam Still Has a Long Way To Go". The Diplomat.
  2. "Hiến pháp năm 2013, Chương II: Quyền con người, quyền và nghĩa vụ cơ bản của công dân". chinhphu.vn (in Vietnamese). Archived from the original on 2018-11-13. Retrieved 2019-07-23.
  3. Trương Hồng Quang (2014-05-21). "Một số quan điểm về kết hôn cùng giới tại Việt Nam hiện nay" (in Vietnamese). Ministry of Justice (Vietnam). Retrieved 2023-01-09.
  4. Cao Vũ Minh (2014-04-01). "Nên thừa nhận chế định kết hợp dân sự giữa hai người cùng giới tính". Tạp chí Nghiên cứu lập pháp. Retrieved 2023-01-09.
  5. Hồ Minh Thành (2019-07-18). "Lược sử luật hóa "Hôn nhân đồng tính" tại Hoa Kỳ và định hướng lập pháp cho Việt Nam". Tạp chí Pháp luật và Thực tiễn. Retrieved 2023-01-09.
  6. "The revolution in socialism: LGBTQ rights in Vietnam and Cuba". People's World. 22 June 2018.
  7. "Nội dung toàn văn Law No. 22/2000/QH10, on the Marriage and Family, passed by the National Assembly". vanbanphapluat.co. Retrieved 26 December 2022.
  8. "Constitution 1992 CHAPTER FIVE FUNDAMENTAL RIGHTS AND DUTIES OF THE CITIZEN". Archived from the original on 2011-07-22. Retrieved 2010-09-08.
  9. (in Vietnamese) Nghị quyết sửa đổi, bổ sung Hiến pháp năm 1992
  10. DPA (2013-11-28). "Vietnam amends Constitution". Thehindu.com. Archived from the original on 2014-01-02. Retrieved 2014-01-05.
  11. "Luật Hôn nhân và Gia đình". vbpl.vn (in Vietnamese).
  12. Gay Couple Fined by Local Authorities Archived 2013-12-02 at the Wayback Machine, TuoiTre Online
  13. "Vietnam considers legal recognition for gay couples". 29 July 2012. Archived from the original on 2012-07-30. Retrieved 2012-07-29.
  14. "Vietnam considers same-sex marriage". Archived from the original on 2012-12-09. Retrieved 2012-12-07.
  15. "Vote on same-sex marriage in Vietnam likely to be delayed until 2014". Archived from the original on 2013-03-05. Retrieved 2013-03-01.
  16. (in Vietnamese) Luật Hôn nhân và Gia đình năm 2014 Archived 2019-01-11 at the Wayback Machine
  17. (in Vietnamese) P.Thảo (2013-06-26). "Sẽ không cấm kết hôn giữa người đồng giới?". Dân Trí. Archived from the original on 2013-06-27. Retrieved 2013-06-28.
  18. "Gay rights in South-East Asia: Fifty shades of pink". The Economist. Archived from the original on 2015-09-24. Retrieved 2017-09-11.
  19. "Vietnamese lawmakers back down on giving rights to same-sex couples". Archived from the original on 2014-06-02. Retrieved 2014-06-01.
  20. "Vietnam's Proposed Marriage Law Disappoints LGBT Activists". Archived from the original on 2016-01-28. Retrieved 2014-06-01.
  21. "Lệnh công bố Luật hôn nhân và gia đình 2014". Thư Viện Pháp Luật (in Vietnamese). 26 June 2014.
  22. "LAW On Marriage and Family". Archived from the original on 2017-12-05. Retrieved 2017-05-23.
  23. "Vietnam allows surrogacy within families, denies same-sex marriage". 20 June 2014. Archived from the original on 2014-06-27. Retrieved 2014-06-23.
  24. "Vietnam removes ban on same sex marriage". 25 April 2014. Archived from the original on 2015-07-09. Retrieved 2014-06-23.
  25. "Vietnam Set To Lift Gay Marriage Ban". 29 December 2014. Archived from the original on 2015-01-03. Retrieved 2015-01-03.
  26. "Vietnam to remove fines on same-sex marriage". 5 September 2012. Archived from the original on 2015-06-07. Retrieved 2013-10-06.
  27. (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 Archived 2013-09-27 at the Wayback Machine
  28. (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
  29. "Vietnam legalizes gay weddings". Archived from the original on 2013-11-14. Retrieved 2013-11-14.
  30. "Same sex weddings officially permitted in Vietnam". Archived from the original on 2013-11-14. Retrieved 2013-11-14.
  31. "32nd UPR WORKING GROUP SESSIONS - SOGIESC RECOMMENDATIONS - Vietnam" (PDF). ILGA. pp. 53–56. Archived (PDF) from the original on 5 July 2019. Retrieved 5 July 2019.
  32. "41st session of the Human Rights Council: UPR Outcomes - Vietnam. Statement by LGBTI - UPR Working Group in Vietnam, COC Netherlands and ILGA World" (PDF). ILGA. Archived (PDF) from the original on 5 July 2019. Retrieved 5 July 2019.
  33. "Survey undermines progress of same-sex marriage in Vietnam". Archived from the original on 2012-12-23. Retrieved 2012-12-18.
  34. "One in three Vietnamese support marriage equality". GayStarNews. March 31, 2014. Archived from the original on April 26, 2014.
  35. "Global Attitudes Survey on LGBT people" (PDF). Archived (PDF) from the original on 2017-05-10. Retrieved 2017-06-18.
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