Viet Nam

Article 36

1.Male and female have the right to marry and divorce. Marriage shall conform to the principles of free consent, progressive union, monogamy and equality between husband and wife, and mutual respect.

2.The State protects marriage and family, and protects interests of mothers and children.

Viet Nam Constitution 1992 (Revised 2013) – Constituteproject.org – English – PDF

Article 146.-Forcible marriage or prevention of voluntary and progressive marriage

Those who force other persons into marriage against their will or prevent other persons from entering into marriage or maintaining voluntary and progressive marriage bonds through persecution, ill-treatment, mental intimidation, property claim or other means, and who have already been administratively sanctioned for such acts but repeat their violations, shall be subject to warning, non-custodial reform for up to three years or a prison term of between three months and three years.

Article 148.-Organizing underage marriage, entering into underage marriage

Those who commit one of the following acts, have already been administratively sanctioned but repeat their violation, shall be subject to warning, non-custodial reform for up to two years or a prison term of between three months and two years:

1. a) Organizing marriage for under age persons;
2. b) Deliberately maintaining the illegal conjugal relationship with underage persons though the court has already decided the termination of such relationship.

Article 149.-Registering illegal marriage

1. Those who are responsible for the registration of marriage and know clearly that the applicants are not qualified for the marriage and still make the registration for such persons, have been disciplined for such act but repeat their violation, shall be subject to warning, non-custodial reform for up to two years or a prison term of between three months and two years.
2. The offenders may also be banned from holding certain posts for one to five years.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Sexual exploitation is the coercion of others to engage in prostitution, as an object to produce pornographic publications, pornographic performances or sex slavery.
2. Sexual slavery is the fact that a person is dependent upon others for his or her sexual needs.
3. Forced labor is the use of force, the threat of use of force or other means of forcing another to work against their will.

Article 3. Prohibited Acts

2. The transfer or acceptance of a person for sexual exploitation, forced labor, removal of organs or for other inhuman purposes.
3. Recruiting, transporting, harboring for sexual exploitation, forced labor, taking organs or for other inhumane purposes or for committing the acts specified in Clauses 1 and 2. This.
4. Forcing other persons to commit one of the acts prescribed in Clauses 1, 2 and 3 of this Article.
5. Brokerage for others to commit one of the acts specified in Clauses 1, 2 and 3 of this Article.
6. Retaliation, threats of retaliation against victims, witnesses, denouncers, denouncers, their relatives or persons preventing acts specified in this Article.

Viet Nam. Law on the Prevention of and Combat against Human Trafficking. 2011- (NATLEX) (English) (PDF)

Viet Nam. Law on the Prevention of and Combat against Human Trafficking. 2011- (NATLEX) (Vietnamese) (PDF)

Article 150. Human trafficking

1. Any person who uses violence, threatens to use violence, deceives, or employs other tricks to commit any of the following acts shall face a penalty of 05 – 10 years’ imprisonment:
2. a) Transferring or receiving human people for transfer for money, property, or other financial interests;
3. b) Transferring or receiving human people for sexual slavery, coercive labor, taking body parts, or for other inhuman purposes;
4. c) Recruiting, transporting, harboring other people for the commission of any of the acts specified in Point a or Point b of this Clause.
5. This offence committed in any of the following cases shall carry a penalty of 08 – 15 years’ imprisonment:
6. a) The offence is committed by an organized group;
7. b) The offence is committed by despicable motives;
8. c) The victim suffers from 11% – 45% mental and behavioral disability because of the offence;
9. d) The offence results in 31% physical disability or more of the victim, except for the case specified in Point b Clause 3 of this Article;
10. e) The victim is taken across the border out of Vietnam;
11. f) The offence is committed against 02 – 05 people;
12. g) The offence has been committed more than once.
13. This offence committed in any of the following cases shall carry a penalty of 12 – 20 years’ imprisonment:
14. a) The offence is committed in a professional manner;
15. b) The victim’s body part has been taken;
16. c) The victim suffers from 46% mental and behavioral disability or above because of the offence;
17. d) The offence results in the death or suicide of the victim;
18. e) The offence is committed against 06 or more people;
19. f) Dangerous recidivism;
20. The offender may also be liable to a fine of from VND 20,000,000 to VND 100,000,000 , be put under mandatory supervision, prohibited from residence for 01 – 05 years, or have all or part of his/her property confiscated.

Article 151. Trafficking of a person under 16

1. A person who commits any of the following acts shall face a penalty of 07 – 12 years’ imprisonment:
2. a) Transferring or receiving a person under 16 for transfer for money, property, or other financial interests, except for humanitarian purposes;
3. b) Transferring or receiving a person under 16 for sexual slavery, coercive labor, taking body parts, or for other inhuman purposes;
4. c) Recruiting, transporting, harboring a person under 16 for the commission of any of the acts specified in Point a or Point b of this Clause.
5. This offence committed in any of the following cases shall carry a penalty of 12 – 20 years’ imprisonment:
6. b) The offence involves abuse of the offender’s position or power;
7. b) The offender commits the offence by taking advantage of child adoption;
8. c) The offence is committed against 02 – 05 people;
9. d) The offence is committed against a person for whom the offender is responsible for providing care;
10. e) The victim is taken across the border out of Vietnam;
11. f) The offence has been committed more than once;
12. g) The offence is committed by despicable motives;
13. h) The victim suffers from 11% – 45% mental and behavioral disability because of the offence;
14. i) The offence results in 31% physical disability or more of the victim, except for the case specified in Point d Clause 3 of this Article.
15. This offence committed in any of the following cases shall carry a penalty of 18 – 20 years’ imprisonment or life imprisonment:
16. a) The offence is committed by an organized group;
17. b) The offence is committed in a professional manner;
18. c) The victim suffers from 46% mental and behavioral disability or above because of the offence;
19. d) The victim’s body part has been taken;
20. e) The offence results in the death or suicide of the victim;
21. f) The offence is committed against 06 or more people;
22. g) Dangerous recidivism.
23. The offender may also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 – 05 years, be put under mandatory supervision for 01 – 05 years, or have all or part of his/her property confiscated.

Article 181. Forced marriage or divorce, obstruction of voluntary and civilized marriage, obstruction of voluntary divorce

Any person who forces another person to marry against his/her will, obstructs another person from marrying or maintaining their voluntary and civilized marriage, forces or obstructs a divorce by means of abuse, mental intimidation, demand for property, or other methods despite the fact that he/she incurred a civil penalty for the same offence shall receive a warning or face a penalty of up to 03 years’ community sentence or 03 – 36 months’ imprisonment.

Article 183. Organization of child marriage

Any person who organizes a marriage entered into by a person under the marriageable age despite the fact that he/she incurred a civil penalty for the same offence shall be liable to a fine of from VND 10,000,000 to VND 30,000,000 or face a penalty of up to 02 years’ community sentence.

Vietnam Criminal Code 2015 (English) (PDF)

Article 20.- Adults and minors

Persons who are full eighteen years of age or older are adults. Persons who are not yet full eighteen years of age are minors.

Article 35.- The right to marriage

Marriage shall be based on the principle of one husband, one wife.

Males and females who have fully met the requirements for marriage in accordance with the Law on Marriage and the Family have the right to freely marry, without either coercion or deceit by any party; no one may hinder a voluntary marriage or coerce another into marriage.

The freedom to marry between persons belonging to different ethnicities/nationalities and/or religion, and between religious and non-religious persons is respected and protected by law.

Article 36.- The right to equality between husband and wife

Husbands and wives are equal in their relations and have the same rights and obligations in all respects within the family and in civil intercourse and shall together build a plentiful, durable, harmonious and happy family.

Article 57.- Registration of marriage

1. Marriages shall be registered with the competent State authority in accordance with the ceremonies stipulated by the law; all other ceremonies shall not be legally valid.
2. In cases where one of the male or female parties or both parties do not fully meet the requirements for marriage in accordance with the law on marriage and the family, the competent State authority in charge of registering the marriage shall refuse to register the marriage and shall clearly explain the reason for such refusal; if the persons who have been refused the marriage registration do not agree with the refusal, they have the right to appeal to the competent State authority.
3. Husbands and wives who have divorced and are reunited must also register their new marriage.

Viet Nam. Civil Code. 2005- (WIPO) (English) (PDF)

Article 2. Fundamental principles of the marriage and family regime

1. Voluntary, progressive and monogamous marriage in which husband and wife are equal.
2. Marriage between Vietnamese citizens of different nationalities or religions, between religious and non-religious people, between people with beliefs and people without beliefs, and between Vietnamese citizens and foreigners shall be respected and protected by law.
3. To build prosperous, progressive and happy families; family members have the obligation to respect, attend to, care for, and assist one another; to treat children without discrimination.
4. The State and society and families shall protect and support children, elderly people and persons with disabilities in exercising marriage and family rights; assist mothers in properly fulfilling their lofty motherhood functions; and implement family planning.
5. To perpetuate and promote the Vietnamese nation’s fine cultural traditions and ethics on marriage and family.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Marriage means the relation between husband and wife after they get married.

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5. Getting married means a man and a woman’s establishment of the husband and wife relation according to the provisions of this Law on marriage conditions and registration.
6. Illegally marriage means a man and a woman’s marriage already registered at a competent state agency in which either or both of them violate(s) the marriage conditions prescribed in Article 8 of this Law.
7. Cohabitation as husband and wife means a man and a woman’s organization of their living together and consideration of themselves as husband and wife.
8. Underage marriage means getting married when one or both partners has or have not reached the marriage age prescribed at Point a, Clause 1, Article 8 of this Law.
9. Forcing marriage or divorce means threatening, intimidating spiritually, maltreating, ill-treating, demanding property or another act to force a person to get married or to divorce against his/her will.
10. Obstructing marriage or divorce means threatening, intimidating spiritually, maltreating, ill-treating, demanding property or another act to obstruct the marriage of a person eligible to get married under this Law or to force a person to maintain the marriage relation against his/her will.

Article 4. The State’s and society’s responsibilities for marriage and family

1. The State shall adopt policies and measures to protect marriage and family and create conditions for males and females to establish voluntary, progressive, monogamous marriage in which husband and wife are equal; build prosperous, progressive and happy families fulfilling all of their functions; intensify the dissemination and popularization of and education about the law on marriage and family; and mobilize people to abolish backward marriage and family customs and practices and promote fine traditions, customs and practices embodying the identity of each nationality.

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Article 5. Protection of the marriage and family regime

1. Marriage and family relations established and implemented in accordance with this Law shall be respected and protected by law.
2. The following acts are prohibited:

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b/ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

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e/ Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;

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h/ Domestic violence;

i/ Taking advantage of marriage and family rights for human trafficking, labor exploitation or sexual abuse or committing another act for self-seeking purposes.

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4. The honor, dignity, prestige, privacy and other privacy rights of parties shall be respected and protected in the course of settlement of marriage and family-related cases and matters.

Article 7. Application of marriage and family practices

1. For cases not prescribed by law or not agreed by involved parties, fine practices which embody the identity of each nationality, are not contrary to the principles prescribed in Article 2 and do not involve prohibited acts prescribed in this Law may apply.
2. The Government shall detail Clause 1 of this Article.

Article 8. Conditions for getting married

1. A man and a woman wishing to marry each other must satisfy the following conditions:

a/ The man is full 20 years or older, the woman is full 18 years or older; 9

b/ The marriage is voluntarily decided by the man and woman;

c/ The man and woman do not lose the civil act capacity;

d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

2. The State shall not recognize marriage between persons of the same sex.

Article 9. Marriage registration

1. A marriage shall be registered with a competent state agency in accordance with this Law and the law on civil status.

A marriage which is not registered under this Clause is legally invalid.

2. A divorced couple who wish to re-establish their husband and wife relation shall register their re-marriage.

Article 10. Persons having the right to request annulment of illegal marriage

1. A person who is forced or deceived into a marriage has, as prescribed by the civil procedure law, the right to request by himself/herself, or propose a person or an organization prescribed in Clause 2 of this Article to request, a court to annul his/her illegal marriage due to violation of Point b, Clause 1, Article 8 of this Law.
2. The following persons, agencies and organizations have, as prescribed by the civil procedure law, the right to request a court to annul an illegal marriage due to violation of Point a, c or d, Clause 1, Article 8 of this Law: 10

a/ The spouse of a married person who gets married to another person; parent, child, guardian or another at-law representative of a person who gets married illegally;

b/ The state management agency in charge of families;

c/ The state management agency in charge of children;

d/ The women’s union.

3. When detecting an illegal marriage, other persons, agencies or organizations have the right to propose an agency or organization prescribed at Point b, c, or d, Clause 2 of this Article to request a court to annul such marriage.

Article 11. Handling of illegal marriage

1. A court shall handle illegal marriage in accordance with this Law and the civil procedure law.
2. In case at the time of a court’s settlement of a request for annulment of an illegal marriage, both partners fully satisfy the marriage conditions prescribed in Article 8 of this Law and request recognition of their marriage relation, the court shall recognize that relation. In this case, the marriage relation shall be established from the time both partners fully satisfy the marriage conditions as prescribed by this Law.
3. A court’s decision annulling an illegal marriage or recognizing a marriage relation shall be sent to the agency having registered that marriage for recording in the civil status register; to the two partners of the illegal marriage; and to related persons, agencies and organizations as prescribed by the civil procedure law. 11
4. The Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Supreme People’s Procuracy and the Ministry of Justice in, guiding this Article.

Article 17. Equality in rights and obligations between husband and wife

Husband and wife are equal, having equal rights and obligations in all family affairs and in the performance of citizens’ rights and obligations prescribed in the Constitution, this Law and relevant laws.

Article 19. Husband and wife attachment

1. Husband and wife have the obligations to love, be faithful to, respect, attend to, care for, and help each other and share family work.
2. Unless otherwise agreed by them or due to requirements of their occupations, work or study, or participation in political, economic, cultural or social activities or for another plausible reason, husband and wife have the obligation to live together.

Article 20. Selection of domicile of husband and wife

The domicile of husband and wife shall be selected as agreed by themselves without being bound by customs, practices or administrative boundaries.

Article 21. Respect for honor, dignity and prestige of husband and wife

Husband and wife have the obligation to respect, preserve and protect each other’s honor, dignity and prestige.

Article 24. Bases for determination of representation between husband and wife

1. The representation between husband and wife in establishing, making and terminating transactions shall be determined in accordance with this Law, the Civil Code and other relevant laws.