English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Marriage registration is performed by the People’s Committees of the commune, ward
or district town of the locality where either of the two parties register permanent residence. 719
The marriage relationship of those who register their marriages will be recognized as from the
date the involved parties established husband and wife relationship or actually lived together
as husband and wife. 720 The recognized date of marriage must be clearly inscribed in the
marriage register and the marriage certificate. The Decree on Marriage and Family Law
(Ethnic Minorities) also contains provisions on marriage registration for ethnic minorities. In
particular, it provides that marriage registration for ethnic minorities in remote areas is exempt
from fee. 721
For violations of regulations on marriage registration a “fine of between VND 200,000
and VND 500,000 shall be imposed for acts of modifying or falsifying contents of or forging
papers for marriage registration, which, however, are not serious enough for penal liability
examination; deliberately making false declarations or taking other deceitful acts when making
marriage registration”. 722 The Penal Code penalizes registration of illegal marriage: “[T]hose
who are responsible for the registration of marriage and know clearly that the applicants are
not qualified for the marriage and still make the registration for such persons, have been
disciplined for such act but repeat their violation” will be penalized. 723
Clearly Vietnamese legal provisions require registration of marriage and have put in
place measures to strongly urged compliance. One major concern relating to husband and
wife relations established between 3 January 1987 and 1 January 2001 that were not
registered prior to 1 January 2003, as well as those established after 1 January 2001 and
unregistered, is that there is a need to ensure that couples entering into such relationship are
aware of the need and importance of registration. They must be educated on the value of such
registration, especially in relation to the consequences of non-registration. Failure to educate
may lead to persons thinking they are within a valid marriage and entitled to the protection
provided to married couples. This may affect more on women as their reproductive role is not
likely to be recognized as an income contribution in a de facto union without the benefit of
marriage. See Indicator 116.
More proactive means to ensure registration must be encouraged including legal
awareness campaigns and free legal assistance on marriage registration. In remote and
mountainous regions, marriages are often not registered due to poor transport access to
government registration offices. Mobile registration offices may be put in place to ensure more
applications for registration. 724
Recommendation: It is recommended that education on the value of marriage
registration must be increased, with particular emphasis on the consequences of nonregistration.
This must be focused on husband and wife relations established between
3 January 1987 and 1 January 2001 that were not registered prior to 1 January 2003, as
307
719
Decree on Marriage Registration, Article 5(1); and Decree on Marriage and Family Law (Ethnic Minorities), Article 8
720
Decree on Marriage Registration, Article 3
721
Decree on Marriage and Family Law (Ethnic Minorities), Article 8
722
Decree on Marriage and Family Violations, Article 9
723
Penal Code, Article 149. This is further elaborated in Joint Circular on Marriage and Family Crimes.
724
UN Press Article
Marriage and family (Article 16 of CEDAW)