Marriage and family law in 2014 by the National Assembly of the Socialist Republic of Vietnam, Block 13, 7th session on June 19-6-2014, including 9 chapters and 133 articles and effective of the date of 01-01-2015.
With these amendments, supplements important, consistent with the practice of economic life - social Vietnam, this law has responded promptly objective requirement of marriage and family in the new situation; ensure better implementation of human rights and civil rights in the field of marriage and family; gender equality; inherit and promote cultural values, moral traditions, customs and practices of the good people of Vietnam. Specifically as follows:
1. Raise the age of marriage for men and women
Under the provisions of the Law on Marriage and Family 2000 (current law) male from twenty years of age, women aged eighteen and older are old enough to marry. Under this provision, the men had turned twenty, who had turned eighteen, but marriage is not violated conditions of marriageable age. However, the prescribed conditions for marriage under the Marriage and Family Law in 2014, the age of marriage for men and women will be raised and age are round, forcing men to full twenty years of age up, women must be eighteen years of age or older to get married.
2. Do not recognize marriage between people of the same sex
Marriage and Family Law in 2014 removed provisions "prohibit marriage between persons of the same sex," but specifies "do not recognize marriage between people of the same sex-paragraph 2 of Article 8".
3. Allow a surrogate for humanitarian purposes
Surrogate for humanitarian purposes: As a woman in a voluntary, not-for-trade to help pregnant couples where the wife is not pregnant and give birth even when applied technical support reproduction, by taking the wife's ovum and sperm of the husband to fertilize in vitro, then transplanted into the uterus of pregnant women who volunteer for this person pregnancy and childbirth.
Accordingly, the conditions surrogate for humanitarian purposes specified in Article 95 of the Act as follows:
- The surrogate for humanitarian purposes must be done on a voluntary basis by the parties and shall be made in writing.
- Spouses have the right to ask the surrogate when all the following conditions: There certified by the competent health authorities of the wife is not pregnant and give birth even when applied technical support reproduction; childless couples are common; has been advised of the medical, legal, psychological.
- He was by surrogate must satisfy the following conditions: The relatives of the goods by the wife or husband surrogacy; just had a baby and be a surrogate once; age appropriate and certified by the competent health authorities about the possibility of surrogacy; the case of a pregnant woman with her husband household must have the written consent of the husband; has been advised of the medical, legal, psychological.
- The surrogate for humanitarian purposes not contrary to the provisions of the law on birth with assisted reproductive techniques.
* Thus, the issue of surrogacy for humanitarian purposes as new rules of marriage and family law in 2014, with provisions would reflect the current situation, and respond with the actual situation of development of the relationship of marriage and family.
4. Regulation property regime of the spouses;
Law on Marriage and Family 2014: Regulation property regime spouses under the agreement.
Law on Marriage and Family Current (marriage and family law 2000) defined unclear mode of conjugal property, lack of transparency of the common property, separate property. The current law mainly refers to land issues, and other assets such as stocks, corporate assets are not considered to cause difficulties in the process of dispute resolution.
Now, the Law on Marriage and Family 2014 specifies: the agreement must be in writing, notarized or authenticated before marriage. This agreement can be changed after marriage. This regulation will reduce the disputed property after divorce of couples in the current situation.
5. Add the object is requested divorce settlement
Accordingly, instead of the spouse or both spouses have the right to request the Court to settle the divorce as before the date 1-1-2015, father, mother and other relatives can also request resolve divorce when one spouse by mental illness or other diseases which can not be perceived, mastered his behavior, and who are victims of domestic violence by husbands, wives do cause seriously affect the life, health, their spirit.
6. Apply the practice of marriage and family
Marriage and Family Law 2000 provides only "mobilize people to abolish customs and outdated practices of marriage and family, tradition, customs nice show the identity of each population race; building relationships marriage and family progress. "The general rules created many gaps and shortcomings, making it difficult for the court to adjudicate the case of marriage and family which must apply customary. Marriage and Family Act 2014 specifies the application in practice of marriage and family than the 2000 Act, that is: practice only applies in cases where there is no provision of law and the parties have not agreed upon but not be contrary to the principle, violate the prohibitions in the Act.
In social relations in the field of marriage and family is always happening diverse, complex, with different forms. Therefore, the construction and finishing mode marriage and family progress, eliminating the customary backward, slow progress in marriage and family is a matter of concern. /.
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