Scenario: Khang, a Vietnamese, and Alex, a German, have been together for three years and want a wedding in Da Nang, then register the marriage so Alex can get a spousal temporary residence card. Some say Vietnam legalized same-sex marriage long ago; others insist it is still banned and punishable. Both are confused: what does the current law actually say, and if registration is impossible, how are their rights protected? The answer sits in one short but decisive provision: Article 8, Clause 2 of the 2014 Law on Marriage and Family.
The letter of the law: ban lifted, but no recognition
A quick history to understand the present. The 2000 Law on Marriage and Family prohibited marriage between people of the same sex. The Law on Marriage and Family No. 52/2014/QH14 (effective 1 January 2015 and still in force in 2026) removed that prohibition — but replaced it with Article 8, Clause 2: the State does not recognize marriage between people of the same sex.
Lifting the ban and withholding recognition are two entirely different legal states. Lifting the ban means two people of the same sex living together, holding a wedding ceremony or going public is no longer unlawful and draws no penalty. Withholding recognition means the relationship cannot become a lawful marriage: registries issue no marriage certificate to same-sex couples, and spousal rights and duties (joint property, spousal inheritance rank, spousal visa sponsorship) do not apply to the relationship.
Practical consequences for Vietnamese-foreign same-sex couples
The most direct consequence: Alex cannot use the relationship with Khang to obtain a TT visa or a spousal temporary residence card, because no marriage certificate exists to prove it. Every procedure tied to spousal status under Vietnamese law is unavailable. As for property, assets the two build together do not automatically become spousal joint property under Article 33; for clarity, they must draw up their own civil agreement on capital contribution and co-ownership under the Civil Code — a completely different mechanism from the spousal property regime.
Some couples register a same-sex marriage abroad where the law allows, then live together in Vietnam. Be clear: a foreign same-sex marriage certificate is not recognized as a marriage under Vietnamese law, so it cannot ground any spousal rights in Vietnam. Do not confuse this with the foreign-marriage recognition mechanism, which serves opposite-sex marriages.
Beware of same-sex marriage registration scams
Because the demand is real and information is noisy, some operators sell services promising to secure a marriage certificate for same-sex couples at a steep price. This is fraud: no authority in Vietnam may issue a marriage certificate to two people of the same sex, so every such promise is fabricated. Beyond losing money, participants risk entanglement with forged documents — an act the law punishes severely.
The golden rule: every marriage-registration procedure is done directly at the competent state authority (the Department of Justice for foreign-element cases), never through middlemen promising shortcuts, and never pay anyone who guarantees an unlawful outcome.
Checklist for same-sex couples
- Know the letter of the law: cohabitation and wedding ceremonies are lawful, but marriage registration is not available.
- The relationship cannot sponsor a TT visa or spousal residence card for the foreign partner.
- For clear joint assets, sign a civil co-ownership agreement under the Civil Code, separate from any spousal regime.
- Reject every service promising a same-sex marriage certificate — it is a scam.
- Watch legislative developments: policy may change in the future, but as of 2026 the rule above stands.
Frequently asked questions
1. Can two people of the same sex be fined for holding a wedding in Vietnam?
No. Current law lifted the ban; cohabiting or holding a ceremony is no longer unlawful and draws no administrative penalty.
2. Can a same-sex couple register at the Department of Justice?
No. Article 8, Clause 2 states the State does not recognize same-sex marriage, so registries do not accept files from same-sex couples.
3. Married abroad as a same-sex couple — recognized as spouses back in Vietnam?
No. A foreign same-sex marriage certificate is not recognized as a marital relationship under Vietnamese law; the couple holds no spousal rights or duties in Vietnam.
4. How is jointly built property protected?
The spousal property regime does not apply. The parties should sign a civil agreement on co-ownership and contributions under the Civil Code as a basis for resolving disputes.
5. How can the foreign partner stay in Vietnam long-term?
Through visa and residence categories independent of the relationship (work, investment, other family-visit routes), since the spousal route requires a lawful marriage.
This article has been quality-reviewed by the FLAW AI Legal Council