Protecting Women's Equal Rights in Marriage.

a) Men from 20 years of age or older, women from 18 years of age or older;

b) Marriage is voluntarily decided by men and women;

c) Not losing civil capacity;

d) The marriage does not fall under one of the cases of prohibited marriage as prescribed in Points a, b, c and d, Clause 2, Article 5 of this Law [42].

Accordingly, women aged 18 years or older, not lacking civil capacity and not in cases prohibited from marriage, are allowed to voluntarily decide on their own marriage. The woman's voluntariness is an important condition prescribed by law; if she lacks voluntariness and is not 18 years or older, she is not eligible for marriage. In case a marriage relationship has been established, that marriage relationship is not accepted.

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Marriage conditions:

Marriage conditions are legal requirements expressed in the form of legal regulations that married people must comply with, with the aim of establishing marriages that are in accordance with the interests of the married people, the interests of the family and society.

The above definition shows that compliance with the law on marriage conditions is the obligation of each individual. Approached from the perspective of rights, it can be concluded that when exercising the right to marry, individuals must have the obligation to comply with the law on marriage conditions. From this perspective, the right to marry is no longer a purely natural right but a human right recognized and protected by law. It can be seen that the marriage conditions clearly state how the person getting married must comply with the law. This is the necessary boundary to distinguish the right to marry as a natural right from the right to marry as a human right recognized and protected by law. The law protects the freedom of marriage of each individual, but it is freedom within the framework of the law. By regulating the conditions of marriage, the State protects the right to freedom.

The choice and decision of marriage of each individual in general and women in particular. Along with voluntariness, the age of marriage also has a certain relationship with the condition of voluntariness. Because in a certain aspect, the age of marriage of women is related to the cognitive ability of the individual. Accordingly, women at a certain age can decide on their own marriage without being influenced by others. In a broader aspect, the age of marriage of women also shows their comprehensive physical and intellectual development. From there, when married, they can give birth to healthy future generations. The age of marriage therefore not only protects the rights of women but also aims at the interests of the community and society.

Marriage registration:

Women's right to freedom of marriage is recognized and protected by law, the State does not interfere deeply in the life of marriage and family. However, marriage registration before a competent state agency is the basis for the State to protect the rights of marriage and family for women and related subjects. Therefore, the law regulating marriage also focuses on the issue of marriage registration.

From the perspective of civil status management, marriage registration is a procedure conducted by a competent authority to check the conditions for marriage and confirm the marriage of a woman through the issuance of a marriage certificate. Therefore, marriage registration is not only meaningful for the person getting married, but through this procedure, the state also controls marriage to establish healthy and happy marriages.

According to the provisions of the Law on Marriage and Family 2014, the establishment of a marital relationship must be registered with a competent state agency. Accordingly, marriage registration is understood as a formal condition through which the State recognizes the marital relationship between a woman and a man. Therefore, women establishing a marital relationship must comply with the conditions for marriage and marriage registration.

Marriage plays an important role in the life of marriage and family. Through the event of marriage registration, the State controls compliance with the law on marriage conditions, and implements state management of marriage to ensure that marriage is established in accordance with the interests of the family and society. The right to marry is a basic freedom of every person, but when exercising the right to marry, the person getting married must comply with the provisions of the law on marriage conditions. In case, it is found that only one marriage condition is not guaranteed, the competent authority will refuse to register the marriage. Thus, through marriage registration, the marriage is established not only to ensure the harmony of the interests of the family and society. The event of marriage is also an important legal basis to protect the rights and legitimate interests of women. Because marriage in accordance with the provisions of the law on marriage conditions and marriage registration is the basis for the arising of rights and obligations between husband and wife. This is an important legal basis for the legal protection of women's rights and interests. For example, when two people get married legally, they have rights and obligations between husband and wife. In the case of two people living together as husband and wife without registering their marriage or getting married illegally, they will not be protected as wives. Therefore, marriage according to the provisions of law is the basis for protecting the legal rights and interests of women.

Mechanism to ensure women's freedom of marriage

Along with recognizing the principles and contents of protecting women's right to freedom of marriage, the 2014 Law on Marriage and Family also stipulates a number of measures and methods to protect women's rights in this field.

According to Article 5 of the current Law on Marriage and Family, the law strictly prohibits acts of sham marriage; early marriage, forced marriage, fraudulent marriage, and obstruction of marriage; and ensures the principle of monogamy. It ensures women's freedom to marry, so women's voluntary decision on marriage is recognized and protected by lawmakers. According to

Accordingly, acts of coercion, deception, obstruction and violation of the principle of monogamous marriage are strictly prohibited by law. Monogamous marriage is a civilized value of human society. It is a progressive marriage. Monogamous marriage is also an important condition for women to build an equal, sustainable, happy marriage and is the foundation for building a family, contributing to ensuring the purpose of marriage. The principle of monogamous marriage is a characteristic principle of the current Law on Marriage and Family. Accordingly, Vietnamese lawmakers stipulate the prohibition of marriage with a person who is married. Accordingly, only those who are not married or have a wife or husband but the marriage has ended are allowed to marry. Violations will be handled according to the provisions of law. Therefore, each individual must respect the law on marriage conditions, respect women's freedom to marry and especially eliminate backward customs and practices that hinder freedom to marry and the principle of monogamy.

In addition to cases where marriage registration is denied due to violations of the legal conditions for marriage, the law also stipulates that: a person who is forced into marriage or deceived into marriage according to the provisions of the law on civil proceedings has the right to request or propose an individual or organization to request the annulment of the illegal marriage. This is a very important provision to protect the rights of women when they are forced or deceived into an illegal marriage.

Thus, the 2014 Law on Marriage and Family not only recognizes women's right to freedom of marriage but also ensures that this right is exercised by coercive force. Although it has demonstrated the basic contents related to the protection of women's rights in freedom of marriage, the system of these regulations is still incomplete and unclear, and the sanctions for violations of women's right to freedom of marriage are not really strict enough to deter and prevent violations. Therefore, to ensure a

The effectiveness of women's freedom to marry requires that we provide them with opportunities to exercise this right in practice.

2.1.2.2. Protect women's equal rights in marriage.

According to the provisions of the Law on Marriage and Family, the wife has equal rights and obligations in educating children, choosing accommodation, career, religion, and beliefs regardless of social status or income. The current Law on Marriage and Family does not establish a hierarchy between husband and wife, in which the husband holds the position of head of the family and is the guardian of the wife. The rights and obligations of the wife are mutual and equal. Marriage does not make the husband and wife a single subject of the legal relationship. The husband and wife continue to maintain their own personal legal background, have their own honor, dignity, legal capacity and capacity to act both in internal relations and in relations with third parties.

Protect the wife's right to choose her place of residence

In order to implement the basic rights of citizens recognized in the 2013 Constitution as well as to eliminate social prejudice in determining the role of the wife in the family according to the ideology: "the boat follows the rudder, the woman follows the husband", Vietnamese law recognizes the equal rights between husband and wife in terms of personal status related to the choice of residence.

Article 55 of the 2005 Civil Code stipulates: "The common residence of husband and wife is the place where they regularly live together" [35]. The choice of residence of husband and wife is made on the basis of agreement between husband and wife. Article 20 of the 2014 Law on Marriage and Family stipulates: "The choice of residence of husband and wife is agreed upon by husband and wife, not bound by customs, practices, or administrative boundaries" [42]. To ensure stable family life and working conditions for each party, husband and wife discuss and agree to decide on the choice of residence. The provisions of the law aim to eliminate the concept and custom of compulsory residence.

cohabitation of women after marriage according to the principle of "boat follows the rudder, girl follows the husband" or the custom of living with the wife's family of some ethnic minorities. However, that does not mean that the law maker allows the couple to freely agree not to live under the same roof. That goes against the purpose of marriage, breaks the obligation of cohabitation of husband and wife as well as strengthens the relationship between husband and wife.

Protect the right to choose beliefs and religions

Article 22 of the Law on Marriage and Family stipulates: "Husband and wife respect each other's freedom of belief and religion; they must not force or prevent each other from following or not following a religion" [42]. This provision is intended to specify the provisions of the 2013 Constitution, according to which the wife is not forced to follow or not follow a religion. Normally, the issue of religion is resolved by the parties before marriage. However, during the process of living together, they can completely change their beliefs and religion. The wife has the right to practice religious activities within the framework of the law and must not cause disorder in family life.

Protect the right to freely choose a career, study and participate in economic, cultural and social activities

Article 23 of the 2014 Law on Marriage and Family stipulates: "Husband and wife have the right and obligation to create conditions and help each other choose a career; study to improve their cultural and professional qualifications; participate in political, economic, cultural and social activities" [42]. Thus, the current Law on Marriage and Family has recognized women's right to freely choose a career, study and participate in economic, political, cultural and social activities. Women's choice of career is free, decided by women themselves, the husband can only give opinions on the woman's choice.

Protection of the right to representation between husband and wife

According to the provisions of Clause 2, Article 24 of the 2014 Law on Marriage and Family, "spouses have the right to authorize each other to establish, perform, and terminate transactions that

According to the provisions of this Law, the Civil Code and other relevant laws, the consent of both husband and wife is required" [42]. Clause 3 stipulates:

Husband and wife represent each other when one party loses civil capacity and the other party is qualified to be a guardian, or one party has limited civil capacity and the other party is appointed by the Court to be the legal representative for that person, except in cases where, according to the provisions of law, that person must personally exercise the related rights and obligations [42].

The right to representation in the family is equal and without distinction. More specifically, according to Clause 1, Article 62 of the 2005 Civil Code, "in case the wife loses civil act capacity, the husband is the guardian; if the husband loses civil act capacity, the wife is the guardian" [35].

For example, a simple case is when the husband has a traffic accident, becomes unconscious and has to undergo emergency surgery due to heavy blood loss and has to amputate a crushed arm. At that time, a relative, usually the wife, will sign a confirmation agreeing to the surgery and amputation of the husband's crushed body part. In addition, when the husband loses his civil capacity, the publication and use of the husband's information and documents must be authorized by the wife, unless otherwise provided by law.

2.1.2.3. Protecting women's right to motherhood

The right to motherhood is a sacred and noble right of women. That right comes first from the natural biological function of women that no one can change. Thanks to that noble function of women, the world always exists, develops and renews. For that reason, the role of mothers is always recognized and respected.

The motherhood rights of Vietnamese women have been regulated and protected by specific legal provisions, and these provisions are increasingly complete, perfected and suitable for social life, in order to effectively ensure the legitimate rights and interests of women.

Women's right to motherhood is stipulated in the 2013 Constitution. The 2013 Constitution stipulates: "The State and society create conditions for women to produce, work, study, receive medical treatment, rest and fulfill their duties as mothers" [39] . On the basis of the Constitution, the 2014 Law on Marriage and Family stipulates in Clause 4, Article 2 as follows : "The State, society and families have the responsibility to protect and support children, the elderly and people with disabilities in exercising their rights to marriage and family; helping mothers to fulfill their noble functions as mothers; and implementing family planning" [42]. The right to motherhood is expressed in social life and according to the Law on Marriage and Family through the following basic methods:

Right to have children

The right to give birth is the right of a woman to conceive, carry a pregnancy and give birth by herself. This right is associated with the natural biological function of a woman that no one can replace. This right is recognized and guaranteed through the provisions of the 2014 Law on Marriage and Family in Section 2, Chapter V on determining the father and mother of a child. In special cases, a woman's right to give birth is also guaranteed by scientific methods recognized by law.

The right to have children can only be exercised when a woman is able to conceive and nurture a fetus. According to the provisions of the law and based on current practice, women have the right to motherhood through the following four ways:

- First way: normal conception through sexual intercourse with a person of the opposite sex (such as marital intercourse...)

- Second method: Artificial insemination, the procedure is to inject sperm from the donor into the uterus of the person who wants to have children to create an embryo;

- Method 3: In vitro fertilization, is the combination of egg and sperm in a test tube to form an embryo.

- Method 4: Pregnancy for humanitarian purposes is when a woman voluntarily, not for commercial purposes, helps a couple get pregnant.