There Must Be Voluntary Consent From Both Men And Women When Getting Married

The Civil Code regulates mainly the relationship of upbringing and support between parents and children, and, in combination with civil law, regulates other property relations arising between parents and children.

The rights and obligations of upbringing between parents and children are always linked to the identity of certain people as prescribed by law, do not change the subject and are irreplaceable, and cannot be agreed upon with other obligations (if the father, mother or child dies, the rights and obligations of upbringing towards that person will end); the obligation of upbringing between parents and children is a reciprocal obligation but is not simultaneous and absolute like the obligations in civil law, and is not compensatory and equal in nature.

The rights and obligations regarding other assets between parents and children in the family have also been specifically regulated by the 2000 Law on Marriage and Family: Children who still live with their parents, whether adults or minors, have the right to own their own assets. Regarding the children's own assets, if the children are 15 years of age or older, they can manage their own assets or ask their parents to manage them; The personal assets of children under 15 years of age or children who have lost their civil act capacity will be managed by their parents... In managing their children's personal assets, parents have the obligation to preserve and use their children's personal assets appropriately; the decision to dispose of their children's personal assets that parents manage must be in the interests of the children and must consult their children if they are 9 years of age or older...

Thus, we can see the important meaning of the marriage certificate, it is a written evidence with legal value to establish the rights and obligations of husband and wife and children in the above mentioned contents.

1.3. Conditions for legal marriage

Maybe you are interested!

The legal system of Marriage and Family of our State from 1945 to present, when stipulating the conditions for marriage to have legal value, in addition to the conditions on content (age of marriage, ensuring the voluntary consent of both men and women, not violating prohibitions...) also recorded the conditions on form.

formality (marriage registration procedures conducted by competent state agencies). Any other marriage rituals (according to custom or religion) do not give rise to the validity of the marriage relationship. On the basis of inheriting and developing the provisions of the 1986 Law on Marriage and Family, the 2000 Law on Marriage and Family also specifically stipulates the conditions for a legal marriage, which are the conditions of content and the conditions of form.

1.3.1. Content conditions

1.3.1.1. Must be of marriageable age

According to Clause 1, Article 9 of the 2000 Law on Marriage and Family, the marriageable age for men is twenty years or older, and for women is eighteen years or older.

The above regulation reflects the major policy of our Party and State. This regulation is based on scientific research on the psychology of Vietnamese people. Only at this age can people fully develop physically and mentally. Physically, people at this age can develop comprehensively, have enough health to fulfill the duties of being a husband, wife, father, mother, and at the same time ensure that their children are born healthy and receive adequate care and education. Intellectually, only at this age can people fully develop intellectually, have mature awareness and express their will to get married. The regulation on the minimum age for men and women to get married is to create conditions for building a harmonious and happy family, building a healthy and progressive society.

Regarding the calculation of marriage age: Clause 1, Article 9 of the 2000 Law on Marriage and Family stipulates that the marriage age is "men from twenty years of age and women from eighteen years of age" [21]. According to this provision, "men are not required to be twenty years of age or older and women from eighteen years of age to get married; therefore, men who have turned twenty and women who have turned eighteen and get married do not violate the conditions on marriage age" [41, Section 1, point a].

Thus, men only need to turn twenty and women need to turn eighteen to get married. For example: Mr. Nguyen Van A was born on January 13, 1991, then

As of January 13, 2010, Mr. A is 19 years old; from January 13, 2010, Mr. A is considered to have turned twenty years old; therefore, from January 13, 2010 onwards, Mr. A has the right to get married without being considered to have violated the conditions on marriageable age.

To clarify how to calculate the age of marriage, Article 3 of Decree No. 70/2001/ND-CP stipulates: "Men at the age of twenty and women at the age of eighteen are eligible for marriage..." [4].

1.3.1.2. There must be voluntary consent from both men and women when getting married.

Article 9, Clause 2 of the 2000 Law on Marriage and Family stipulates: "Marriage is voluntarily decided by men and women; neither party may force or deceive the other; no one may force or obstruct" [21] .

Article 39 of the 2005 Civil Code also stipulates: "Men and women who are eligible to marry according to the provisions of the law on marriage and family have the right to freely marry" [23].

Completely voluntary in marriage means that both men and women decide to get married and express their will to become husband and wife. Each man and woman is not influenced by the other or by anyone else to force them to marry against their wishes. The expression of will must be consistent with the will. The man and woman want to become husband and wife from the love between them and the purpose is to build a family together. The voluntary of both men and women in marriage must clearly show that they want to be attached to each other, to live together for life to satisfy the emotional needs of both people. The voluntary of both parties in marriage is an important factor to ensure that the marriage can last long and be sustainable.

The law also ensures that marriage is completely voluntary: Those who want to get married must be present at the marriage registration office to submit a marriage registration form. In special cases, if one of the two people cannot come to submit the marriage registration application for a valid reason, they can send it to

The People's Committee where the marriage is registered must submit an application in absentia, the application must clearly state the reason for the absence, and be confirmed by the People's Committee of the commune where the couple resides. On the day the People's Committee conducts the marriage registration and issues the marriage certificate, the couple must be present so that once again, they must answer the civil status officer and the representative of the marriage registration office that, up to that time, they still completely voluntarily marry each other.

To ensure that marriage is completely voluntary, the law does not allow for the appointment of a representative for marriage registration, and the law also does not allow for those who are getting married to be absent from the marriage registration ceremony. Normally, the marriage registration ceremony between Vietnamese citizens in Vietnam is conducted at the People's Committee at the commune level. However, in mountainous areas, remote areas where travel conditions are too difficult, the marriage registration ceremony can be held at the village, hamlet, phum, or soc where one of the two parties to the marriage resides (Article 8 of Decree No. 32/2002/ND-CP dated March 27, 2002 of the Government detailing the application of the Law on Marriage and Family to ethnic minorities). In that spirit, in cases where it is absolutely necessary to ensure the rights of both men and women or their children, the marriage registration ceremony can be conducted at home, at work, at a military unit, at a hospital, etc., but regardless of the location, both people getting married must be present.

In principle, when registering a marriage, both the man and woman must be present at the place of marriage registration. However, in reality, there are some cases where, for objective or subjective reasons, only one man or woman is present when registering a marriage. In these cases, "if before the marriage registration is organized, the provisions in Clause 1, Article 13 are complied with and after the marriage registration is organized, they actually live together" [41, Section 2, Point c], then their marriage is still recognized as legal.

Clause 1, Article 13 of the 2000 Law on Marriage and Family stipulates: "After receiving sufficient valid documents as prescribed by the law on civil status, the registration agency shall

"Sign the marriage contract and check the marriage registration documents; if the man and woman are found to be eligible for marriage, the marriage registration office will organize the marriage registration" [21] .

The law stipulates that marriage must be voluntary for both men and women to ensure that they are free to express their will and feelings when getting married. Therefore, for those who are mentally ill or have other illnesses that make them unable to perceive and control their behavior and are declared by the court to have lost their civil capacity, the law prohibits them from getting married. For those who are mentally traumatized or are in a state of drunkenness, they are also temporarily not allowed to register their marriage until they regain their ability to perceive and are completely sober.

To ensure that marriage is completely voluntary, the law stipulates that marriage must not involve forced marriage, deception to marry or obstruction of voluntary and progressive marriage.

Being deceived into marriage: It is a trick of one or several people (by words or actions) to make others believe in that action or words, making the person getting married mistakenly think and get married.

Forced marriage: Is the act of another person using physical violence or mental threats to force a man or woman to marry (get married) against their will.

The above provisions aim to build a new socialist marriage and family regime, to completely abolish the forced marriage regime of the old regime, the backward feudal marriage and family regime. Therefore, any act of forcing marriage or deceiving progressive voluntary marriage is considered illegal.

In practice, the phenomenon of marriage without the consent of men and women still occurs. This phenomenon has negatively affected the lives and rights of those who get married, causing bad consequences for families and society. In order to contribute to building a new socialist marriage and family regime, the State

has shown a resolute attitude and strictly handled cases of violating the conditions of voluntary marriage.

1.3.1.3. The marriage does not fall under one of the cases where marriage is prohibited.

According to Article 10 of the 2000 Law on Marriage and Family, marriage is prohibited in the following cases:

a. Prohibition of marriage for those who are married

In our country under the feudal and colonial regime before 1945, the marriage system clearly showed its backwardness, male superiority and female inferiority, maintaining a caste system, and the laws in society were extremely harsh on women: "a virtuous woman can only have one husband" while men were allowed to have many wives (polygamy). This was essentially to protect the patriarchal rights of men.

In the capitalist social regime, in form the bourgeois state maintains monogamous marriage, but in reality there is still a lot of promiscuity between men and women in sexual relations (adultery).

Under socialism, the State creates economic, social, legal, and cultural conditions to realize monogamous marriage. Under socialism, the position of women is respected.

Originating from the nature of socialist marriage, only monogamy can ensure family happiness, only husband and wife can truly love each other, respect each other and help each other to progress. Therefore, in the work: "The origin of the family, of private property and of the State" - F. Engels wrote: "Originating from the nature of love that cannot be shared, marriage is based on love between men and women because of its very nature of monogamy" [1] .

Article 64 of the 1992 Constitution stipulates: "...The State protects marriage and family. Marriage follows the principles of voluntariness, progress, monogamy, and equality between husband and wife..." [18] .

On the basis of the Constitution, Article 2 of the 2000 Law on Marriage and Family affirms that marriage must be built on the principle of monogamy. Therefore, Article 4 and Clause 1, Article 10 of the 2000 Law on Marriage and Family stipulate: "A married person is prohibited from marrying or living as husband and wife with another person or an unmarried person is prohibited from marrying or living as husband and wife with a married person" [21].

According to the provisions of the Law on Marriage and Family 2000, a person who is married is a person who has married in accordance with the provisions of the Law on Marriage and Family of Vietnam on the conditions for marriage, has registered their marriage and their marriage has not been terminated due to divorce or death of one of the two parties or has been declared dead by the court. However, before the Law on Marriage and Family 2000 took effect, our State still recognized cases where men and women got married but did not register their marriage but still lived together as husband and wife as "de facto marriage" . Therefore, Resolution No. 02/2000/NQ-HDTP guided that a person who is married is a person who has married another person in accordance with the provisions of the law on marriage and family and that marriage has not been terminated. In addition, married people also include those who have lived with another person as husband and wife since before January 3, 1987 and are living together as husband and wife without registering their marriage.

Cohabitation is the act of a man and a woman who, although not husband and wife, live together and consider themselves husband and wife. A married person living with another person as husband and wife will affect the rights of the wife or husband in a legal marriage and also cause bad consequences for the family and society. Those bad consequences are causing suspicion and loss of trust between husband and wife, easily leading to separation, causing consequences for children in terms of emotions, lack of education and care from parents.

According to the provisions of the above laws, only those who are not married or have no husband, or those who are married but have a wife (or husband)

Or their husbands are dead or divorced, then they have the right to marry someone else. At the same time, we must also understand that the above people can only marry people who are in a state where no other marriage exists.

In reality, our society today still has phenomena that represent the old marriage system, the feudal marriage system, or the influence of the capitalist lifestyle. That is the custom of men taking many wives, which is common in mountainous provinces of ethnic minorities. And in addition, there is the influence of a pragmatic, selfish lifestyle such as promiscuity, adultery, moreover, the cause of this type of violation is the consciousness of disregarding the law, openly living together as husband and wife (although already having a wife or husband) regardless of the law, regardless of public opinion. These cases occur mainly in big cities such as Hanoi, Ho Chi Minh City... The law allows single women to exercise their motherhood rights. Because understanding this regulation is still simple and incomplete, the "right to be a mother" has led to the demand for the right to be a wife.

b. Prohibiting people who lack civil capacity from getting married

This case is regulated in Clause 2, Article 10 of the 2000 Law on Marriage and Family. A person who has lost civil act capacity is a person who, due to mental illness or other diseases, cannot perceive or control his/her behavior, so the court shall issue a decision declaring that person has lost civil act capacity upon request of a person with related rights and interests and based on the conclusion of a competent appraisal organization as prescribed in Article 22 of the 2005 Civil Code.

When a man and a woman get married, they create a marital and family relationship and form a family, and at the same time, rights and obligations between husband and wife, between parents and children also arise. Thus, after marriage, men and women must fulfill their obligations to their wives and husbands, must fulfill their obligations to their children, as well as their responsibilities to their families and society. But these

Comment