CHỒNG CÓ ĐƯỢC ÉP VỢ TỪ BỎ TÔN GIÁO KHÔNG?/CAN A HUSBAND FORCE HIS WIFE TO ABANDON HER RELIGION?

Legal situation: Dear Lawyer, I have a question. Mr. Viet and Mrs. Lien have been married for a year. Before marriage, Mr. Viet agreed to let Mrs. Lien continue practicing her religion, which is Catholicism. However, after marriage, Mr. Viet, claiming to be the eldest son in the family and responsible for ancestor worship, pressured Mrs. Lien to abandon her religion. Mrs. Lien disagreed, leading to an argument and conflict between them. As their neighbor and the head of the mediation committee, I would like to know how the law addresses this situation to help mediate for Mr. Viet and Mrs. Lien's family. Thank you, lawyer.

Answer:

Thank you for trusting and sending your question to FDVN Law Firm ("FDVN"). After reviewing the relevant legal regulations, FDVN provides the following information:

Article 24 of the Constitution 2013 stipulates that:

"1. Everyone has the right to freedom of belief and religion, and has the right to follow any religion or to follow no religion. All religions are equal before law.

2. The State shall respect and protect the freedom of belief and religion.

3. No one may violate the freedom of belief and religion, nor may anyone take advantage of a belief or religion in order to violate the law."

Article 22 of the Law on Marriage and Family 2014 stipulates the respect for the freedom of belief and religion of spouses as follows:

"Husband and wife have the obligation to respect each other’s right to freedom of belief and religion."

Article 6 of the Law on Religion and folk belief stipulates right to freedom of religion and folk belief for every person as follows:

“1. Every person has the right to freedom of religion and folk belief and the right to follow or not to follow a religion.

2. Every person has the right to manifest the faith of religion or folk belief and to perform religious and folk religious rites; participate in festivals; learn and exercise religious law and tenets.

3. Every person has the right to pursue a monastic life in religious establishments and pursue education in religious educational institutions and religious organizations’ supplementary courses. Adolescents require the permission of their parents or guardians for pursuing a monastic life in a religious establishment or pursuing education in a religious educational institution.

4. Dignitaries, sub-dignitaries and monastics have the right to perform religious rites, to preach and to do missionary work in religious establishments or at legitimate locations.

5. People held in detention pursuant to the legislation on temporary detention, people serving time in prison, people sent to a reformatory, compulsory education institution or compulsory rehabilitation center have the right to read scriptures and manifest their faith of religion or folk belief.

6. The government shall stipulate detail on the maintenance of the rights defined in Section 5 of this Article.”.

Therefore, based on the provisions of Article 24 of the Constitution 2013, Article 6 of the Law on Religion and Folk Belief, and Article 22 of the Law on Marriage and Family 2014, you should advise Mr. Viet that pressuring Mrs. Lien to abandon her religion is against the law. Encourage Mr. Viet to understand that spouses have the obligation to respect each other’s right to freedom of belief and religion.

The above is FDVN's legal advice in response to your request, based on a study of relevant legal provisions. We hope that FDVN's advice will be helpful to you.

According to Ho Trong Tri – FDVN Law Firm