MARRIAGE

Law on Marriage and Family 2014

The Law on Marriage and Family 2014 (No. 52/2014/QH13) is a fundamental legal document in Vietnam, governing marriage and family relations. This article provides a comprehensive overview of its key contents, scope, principles, and notable updates.

1. Basic Information

Title: Law on Marriage and Family 2014

Law No.: 52/2014/QH13

Promulgation Date: June 19, 2014

Effective Date: January 1, 2015

Status: Currently in force

Promulgated by: National Assembly of Vietnam​

2. Scope of Regulation

The Law stipulates:​

The marriage and family regime.

Legal standards for conduct among family members.

Responsibilities of individuals, organizations, the State, and society in building and strengthening the marriage and family regime.​

3. Fundamental Principles

Key principles outlined in the Law include:​

Voluntary, progressive marriage; monogamy; equality between husband and wife.

Respect and legal protection for marriages between Vietnamese citizens of different ethnicities, religions, and between Vietnamese citizens and foreigners.

Building prosperous, progressive, and happy families; mutual respect and support among family members; non-discrimination among children.

Protection and assistance for children, the elderly, and persons with disabilities in exercising their marriage and family rights.

Inheritance and promotion of the nation’s fine cultural and ethical traditions regarding marriage and family.​

4. Key Definitions

The Law provides definitions for terms such as:​

Marriage: The relationship between husband and wife after marriage registration.

Family: A group of people connected by marriage, bloodline, or adoption, generating rights and obligations among them.

Marriage and family regime: Legal provisions on marriage, divorce, rights and obligations between spouses, parents and children, and other family members; alimony; determination of parentage; marriage and family relations involving foreign elements.​

5. Notable Updates and Provisions

Minimum Marriage Age: The Law raises the minimum age for marriage to 20 for men and 18 for women.

Same-Sex Marriage: While the Law does not recognize same-sex marriages, it removes previous administrative penalties for conducting same-sex marriage ceremonies.

Surrogacy: Permitted for humanitarian purposes among relatives, with strict conditions.

Domestic Violence: Explicitly prohibited, with legal measures for prevention and protection.

Property Regime: Spouses can choose between statutory and agreed property regimes, with clear guidelines on property division upon divorce.​

6. Marriage and Family Relations Involving Foreign Elements

The Law addresses:​

Application of Vietnamese law to marriage and family relations involving foreign elements, unless international treaties stipulate otherwise.

Recognition and enforcement of foreign court judgments and decisions on marriage and family matters in Vietnam.

Procedures for civil status registration related to marriage and family involving foreign elements.​

7. Legal Enforcement and Dispute Resolution

The Law outlines:​

Jurisdiction of courts in resolving marriage and family disputes.

Legal procedures for marriage registration, divorce, child custody, and alimony.

Mechanisms for protecting lawful rights and interests of individuals in marriage and family relations.