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Recognition of same-sex unions in Vietnam

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in 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. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e 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. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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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][3]

In 2022, activists as part of the "I Do campaign" began collecting signatures in support of same-sex marriage, hoping to have the National Assembly pass same-sex marriage legislation by 2030. Polling suggests that a majority of Vietnamese people support the legal recognition of same-sex marriage,[4] with a 2023 Pew Research Center poll showing that 65% of Vietnamese people supported same-sex marriage.[5]

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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.[6][7][8]

Background

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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 said "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.[9] Previous laws against all forms of cohabitation were repealed by a new marriage law approved by the National Assembly in 2000.[10]

On 28 July 2014, British nationals, Yein Kai Yee and Sutpreedee Chinithigun, were married at the British embassy in Hanoi, in what the media described as the "first same-sex marriage in Vietnam".[11] The marriage was performed under British law and lacks legal recognition in Vietnam.

Restrictions

[edit]
Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  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, not enforced
  Severe restrictions of association with arrests or detention
Same-sex sexual activity illegal
  Prison, not enforced
  Prison
  Death penalty on books, 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."[12] Article 36(1) of the 2013 Vietnamese Constitution is similar, reading:[13][14][3]

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.[a]

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".[15]

Attempts at legalization

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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 public debate on the issue.[16] 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.[17][18] However, in February 2013, the Ministry of Justice requested that the National Assembly avoid action until 2014.[19]

In June 2013, the Ministry of Justice submitted a bill to remove the same-sex marriage ban from the Law on Marriage and Family,[20] and provide some legal rights to cohabiting same-sex couples.[21] On 24 September 2013, the government issued a decree abolishing the penalty for holding same-sex marriage ceremonies.[22][23][24] The decree took effect on 11 November 2013.[25][26] The National Assembly debated the bill in October 2013.[27][28] 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.[29][30] The bill was approved by the National Assembly on 19 June 2014, promulgated by President Trương Tấn Sang on 26 June,[31] 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".[32][33][34][35] 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."[9]

At Vietnam's third Universal Periodic Review (UPR) on 22 January 2019, Iceland, the Netherlands and Canada recommended the government to legalize same-sex marriage.[36] On 4 July 2019, the government "noted" (rejected) these recommendations.[37] At the fourth UPR in 2024, Mexico, Spain and Chile also recommended Vietnam to recognize same-sex marriages,[38] which the government once again rejected.[39]

On 10 August 2022, activists as part of the "I Do campaign" began gathering signatures in support of the legalization of same-sex marriage.[40][41] As of 20 November 2022, the organizers' Facebook page confirmed that they had collected about 40,000 valid signatures.[42] The National Assembly was expected to discuss revisions to marriage laws in 2024 or 2025, though later reports noted that the issue had not made it to the legislative schedule for the 2024–2025 period. Activists said they hoped the issue would be debated in the following legislative schedules between 2025 and 2030.[43]

Public opinion

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Activists with U.S. Ambassador David B. Shear holding signs reading Tôi Đồng Ý ("I Do") as part of the "I Do campaign", 2014

Opinion polls conducted since 2012 have reported a rising trend of support for same-sex marriage in Vietnam, making it one of the most supportive in Southeast Asia, and Asia generally.[4][5] 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.[44] A March 2014 poll conducted by the iSEE found that 33.7% of Vietnamese people supported same-sex marriage, while 52.9% were opposed. 41.2% of respondents supported recognizing same-sex cohabitation or civil unions, and 72% believed that legalising same-sex marriage would not negatively affect their families. The sample size was 5,000 respondents.[45]

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.[46] A 2017 survey by the Social Life Research Institute in Ho Chi Minh City showed that 50.9% of respondents aged 15 to 35 thought same-sex marriage should be allowed in Vietnam, while 26.3% were undecided and 22.9% disagreed.[4]

A June–September 2023 Pew Research Center poll showed that 65% of Vietnamese people supported same-sex marriage (30% "strongly" and 35% "somewhat"), while 30% opposed (14% "strongly" and 16% "somewhat"). Support was highest among Buddhists and Christians at 71%, but lowest among the religiously unaffiliated at 59%. When divided by age, support was highest among 18–34-year-olds at 79% and lowest among those aged 35 and above at 57%. The survey was conducted face-to-face with a sample size of 2,255 respondents. This level of support was the highest among the six Southeast Asian countries polled, ahead of Thailand at 60%, Cambodia at 57%, Singapore at 45%, Malaysia at 17%, and Indonesia at 5%.[5]

See also

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Notes

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  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

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  1. ^ Nguyen, Thoi (28 February 2020). "The Fight for LGBT Rights in Vietnam Still Has a Long Way To Go". The Diplomat.
  2. ^ Hôn nhân đồng giới theo quy định của Luật Việt Nam Quote: (Điều 36 Hiến pháp) Với quy định này, ta có thể hiểu rằng Nhà nước ta vừa không cho phép chế độ đa thê, vừa không chấp nhận hôn nhân đồng tính, vì “vợ”, “chồng” theo cách hiểu là “đàn ông” và “đàn bà”
  3. ^ a b "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.
  4. ^ a b c VnExpress. "Clash of views on LGBTQ+ in Vietnam - VnExpress International". VnExpress International – Latest news, business, travel and analysis from Vietnam. Retrieved 2024-04-30.
  5. ^ a b c Gubbala, Sneha; Miner, William (27 November 2023). "Across Asia, views of same-sex marriage vary widely". Pew Research Center.
  6. ^ 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.
  7. ^ 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.
  8. ^ 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.
  9. ^ a b "The revolution in socialism: LGBTQ rights in Vietnam and Cuba". People's World. 22 June 2018.
  10. ^ "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.
  11. ^ "The British Embassy celebrates its first same sex marriage in Vietnam". Government of the United Kingdom. 28 July 2014.
  12. ^ "Constitution 1992 CHAPTER FIVE FUNDAMENTAL RIGHTS AND DUTIES OF THE CITIZEN". Archived from the original on 2011-07-22. Retrieved 2010-09-08.
  13. ^ (in Vietnamese) Nghị quyết sửa đổi, bổ sung Hiến pháp năm 1992
  14. ^ DPA (2013-11-28). "Vietnam amends Constitution". Thehindu.com. Archived from the original on 2014-01-02. Retrieved 2014-01-05.
  15. ^ "Luật Hôn nhân và Gia đình". vbpl.vn (in Vietnamese).
  16. ^ Gay Couple Fined by Local Authorities Archived 2013-12-02 at the Wayback Machine, TuoiTre Online
  17. ^ "Vietnam considers legal recognition for gay couples". 29 July 2012. Archived from the original on 2012-07-30. Retrieved 2012-07-29.
  18. ^ "Vietnam considers same-sex marriage". Archived from the original on 2012-12-09. Retrieved 2012-12-07.
  19. ^ "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.
  20. ^ (in Vietnamese) Luật Hôn nhân và Gia đình năm 2014 Archived 2019-01-11 at the Wayback Machine
  21. ^ (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.
  22. ^ "Vietnam to remove fines on same-sex marriage". 5 September 2012. Archived from the original on 2015-06-07. Retrieved 2013-10-06.
  23. ^ (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
  24. ^ (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
  25. ^ "Vietnam legalizes gay weddings". Archived from the original on 2013-11-14. Retrieved 2013-11-14.
  26. ^ "Same sex weddings officially permitted in Vietnam". Archived from the original on 2013-11-14. Retrieved 2013-11-14.
  27. ^ "Gay rights in South-East Asia: Fifty shades of pink". The Economist. Archived from the original on 2015-09-24. Retrieved 2017-09-11.
  28. ^ Brown, Marianne (27 October 2013). "Hundreds Turn Out to Support Same-Sex Marriage in Vietnam". Voice of America.
  29. ^ "Vietnamese lawmakers back down on giving rights to same-sex couples". Archived from the original on 2014-06-02. Retrieved 2014-06-01.
  30. ^ "Vietnam's Proposed Marriage Law Disappoints LGBT Activists". Archived from the original on 2016-01-28. Retrieved 2014-06-01.
  31. ^ "Lệnh công bố Luật hôn nhân và gia đình năm 2014". Thư Viện Pháp Luật (in Vietnamese). 26 June 2014.
  32. ^ "LAW On Marriage and Family". Archived from the original on 2017-12-05. Retrieved 2017-05-23.
  33. ^ "Vietnam allows surrogacy within families, denies same-sex marriage". 20 June 2014. Archived from the original on 2014-06-27. Retrieved 2014-06-23.
  34. ^ "Vietnam removes ban on same sex marriage". 25 April 2014. Archived from the original on 2015-07-09. Retrieved 2014-06-23.
  35. ^ "Vietnam Set To Lift Gay Marriage Ban". 29 December 2014. Archived from the original on 2015-01-03. Retrieved 2015-01-03.
  36. ^ "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.
  37. ^ "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.
  38. ^ "Report of the Working Group on the Universal Periodic Review: Vietnam" (PDF). United Nations Human Rights Council. Retrieved 30 September 2024.
  39. ^ "Report of the Working Group on the Universal Periodic Review: Vietnam". United Nations Human Rights Council. 20 September 2024. Retrieved 30 September 2024.
  40. ^ "Cộng đồng LGBT tái khởi động chiến dịch "Tôi đồng ý"". Pháp luật Thành phố Hồ Chí Minh (in Vietnamese). Pháp luật Thành phố Hồ Chí Minh. 10 August 2022. Retrieved 25 September 2023.
  41. ^ "Nhiều nghệ sĩ tham gia chiến dịch ủng hộ hôn nhân cùng giới Tôi đồng ý". Người Đô Thị (in Vietnamese). Người Đô Thị. Retrieved 25 September 2023.
  42. ^ "Tôi Đồng Ý - Kết quả sau 72 giờ của chúng ta". Facebook. I Do campaign. Retrieved 25 September 2023.
  43. ^ Ngô, Linh (20 June 2024). "Changing hearts and minds – Vietnam is getting ready for Marriage Equality!". apcom.org.
  44. ^ "Survey undermines progress of same-sex marriage in Vietnam". Archived from the original on 2012-12-23. Retrieved 2012-12-18.
  45. ^ "One in three Vietnamese support marriage equality". GayStarNews. March 31, 2014. Archived from the original on April 26, 2014.
  46. ^ "Global Attitudes Survey on LGBT people" (PDF). Archived (PDF) from the original on 2017-05-10. Retrieved 2017-06-18.
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