Family
Law on Marriage and Family with same-sex marriage unrecognised but not penalised
The 2014 Law on Marriage and Family sets a marriage age of 20 for men and 18 for women and treats property acquired in marriage as common. The 2014 revision removed the prohibition on same-sex weddings while withholding legal recognition.
Key rules
- Jurisdiction — People's Courts at district level hear divorce; provincial courts take cases involving foreign elements. Marriage registration is at commune level or at the provincial Justice Department where a foreigner is involved.
Governing law
- Law on Marriage and Family No. 52/2014/QH13
- Civil Code No. 91/2015/QH13, Part IVInheritance
- Law on Adoption No. 52/2010/QH12
In practice
Divorce may be by mutual request, which the court still confirms, or on the application of one spouse where the marriage is in a serious state and the purposes of marriage cannot be achieved. Common property is presumed to be split equally, adjusted for contributions, family circumstances and the interests of minor children, and household labour counts as contribution. Prenuptial agreements have been permitted since 2014 if notarised before marriage. Custody follows the child's interests, with children under 36 months normally placed with the mother unless she is unsuitable, and children over seven must be consulted.