Law on Marriage and Family of Vietnam 2014

1. What is the Law on Marriage and Family?

The Law on Marriage and Family is a branch of law within the legal system of Vietnam, encompassing a collection of legal norms enacted by the State to regulate social relations arising in the field of marriage and family.

2. What is the most recent Law on Marriage and Family?

The Law on Marriage and Family of Vietnam 2014 was officially passed and will take effect from January 1, 2015, replacing the Law on Marriage and Family of Vietnam 2000. This Law fundamentally introduces three important new points:

• First, it raises the minimum marriage age for females to 18 years (instead of the previous requirement of 17 years and older). Thus, the legal marriage age is set at 18 years and older for females and 20 years and older for males.
• Second, it permits surrogacy for humanitarian purposes. Surrogacy is allowed only when all conditions are met for both the person requesting surrogacy and the surrogate mother. Notably, the surrogate mother must be a close relative of either the wife or the husband requesting surrogacy.
• Third, it stipulates the property regime of spouses based on mutual agreement. Such agreements must be documented in writing and notarized or authenticated before marriage. These agreements may still be amended after marriage.

In addition to the above provisions, the Law on Marriage and Family 2014 also addresses several other issues:

• Application of good customs in marriage and family: Customs may only be applied in cases where the law does not provide specific regulations and the parties do not have an agreement, provided they do not contravene the principles or prohibitions stipulated in this Law.
• It continues to not recognize same-sex marriages.
• It specifies how to resolve issues regarding children, property, obligations, and contracts when a man and a woman live together as husband and wife without registering their marriage. The period of cohabitation before marriage registration is not counted towards the marriage period.
• It legislates on children born to a wife during the marriage period. Children born within 300 days from the termination of marriage are considered to be born to the wife during the marriage period.

If the father or mother does not acknowledge the child, evidence must be provided, and the Court must determine this (as stated in Decree No. 70/2001/ND-CP).