Saturday, 13 April 2013

Vietnam News: LGBT are to Live Together as Husband & Wife

The Vietnamese Law will not prohibit same sex partner to live together as husband and wife, but will contain the same provisions of rights and obligations as the same rule for heterosexual partnership. 


Is this the way to skip the ban against Gay Marriage in Vietnam?

The Ministry of Justice recently had proposed a scheme not to interfere on the "husband & wife" living among homosexual in the country. Besides, they will stipulate the rights and obligations for both parties in the partnership. However the process of amending the Marriage & Family Law in Vietnam on year 2000 about to ban or to allow same -sex marriage in the country was end up with some controversial issues. 

According to the Ministry of Labour & Social Affairs, they are supporting the idea to prohibit any discrimination towards this group and the regulation of prohibiting marriage between two person of same sex should be abolished. 

However, the recognition of the same-sex marriage at this moment is still inappropriate due to Vietnamese custom. Traditional Vietnamese family will definitely accept this kind of change. 



In addition, the youth research institute  Ho Chi Minh City Youth Union Committee representative said in that, recognition towards same-sex marriage in the country need to put attention to the basic human right for the group too. Besides, the prohibition of marriage can lead to further discrimination because gay people are very easy to make negative decision for themselves, families and society.

However, Hanoi's People Committee of Hai Phong have a different opinion. The marriage between two people of same gender is against to society culture and it is a very sensitive issue. Therefore, the best option is to maintain with current regulation which is to prohibit the marriage between same sex couple.  In additional, the representative of Provincial Court's said that, allowing same sex marriage in Vietnam need a detail research and it will take time. A comprehensive assessment for gay relationship and further evaluation about the social impact of the policy have to be done. Only then we can consult with the authority regards the concern whether we need to change the Marriage Family Law.

In the nut shell, the Ministry of Justice gave 3 options to modify a. To accept same sex marriage b. To ban same-sex marriage c. To be neutral. Currently, Vietnamese Law did not interfere with the living between spouse of the same sex couple. At the moment. around 10 countries and territories in the world were allowing marriage between two people of same sex. In Asia, no country has recognized same sex marriage. Therefore, the appropriate direction for Vietnam's law is to no ban and no administrative intervention onto the living relationship of the same sex partner and to provide settlement of legal consequences arising from the relationship.

Photo: ICS Center Vietnam
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