Freedom of spousal choice: The Vietnam case

JOURNAL OF SCIENCE OF HNUE Interdisciplinary Science, 2014, Vol. 59, No. 5, pp. 90-94 This paper is available online at FREEDOM OF SPOUSAL CHOICE: THE VIETNAM CASE Nguyen Thanh Binh Faculty of Social Works, Hanoi National University of Education Abstract. As in many other developing countries in South East Asia, Vietnam is now experiencing far-reaching changes associated with continued rapid economic and social development. In the case of Vietnam, these have accelerated as an ongoing outcome of renovation policies instigated since the latter half of the 1980s. These changes have in turn led to changes in spousal choice of the young generation. We find that they have much greater freedom to choose their spouse. Keywords: Spousal choice, freedom, marriage, Vietnam. 1. Introduction In the past, both men and women were expected to marry quite young (by today’s standards with the men being 20 years old and women 18 years old). Marriages were generally arranged by the parents with input from the extended family and the children could oftentimes not refuse to enter into that arranged marriage. In modern Vietnam - especially since industrialization, things have changed some young people can now choose their own marriage partners. Many are making that choice based on love, considering only their own wants and needs. Another change in Vietnam that has come about concerns equality between partners in marriage. Legal stipulations regarding equality were entered into the Constitution, the Civil Code and the Law on Marriage and the Family in the year. 2. Content 2.1. Methodology This is not a field study, but an attempt to synthesis a number of sources, secondary as well as primary. In other words, it is a compilation of the results of a great deal of research and is to a large extent a survey of existing literature. I have collected, interpreted and evaluated the results of studies which were carried out by different researchers and used these as my resources. Received May 25, 2014. Accepted June 18, 2014. Contact Nguyen Thanh Binh, e-mail address: binh1980gdct@yahoo.com.vn 90 Freedom of spousal choice: The Vietnam case 2.2. Discussion In Vietnam, marriages were generally arranged by the parents and extended family prior to. And this same parental power of still exists today. At this time, in 2014, parents oftentimes make the arrangements for marrying a son (daughter) to a certain person of their choice, or they let their child express their desire to marry a certain individual but retain the right to disallow that marriage. The former is quite common in rural Vietnam but the latter is now more widespread in both rural and urban areas [2;204]. A marriage that is arranged by the parents is a traditional customs of Vietnam that stems from the absorption of Confucianism in Vietnamese culture centuries ago (The Confucian expressed that a child is seated where his/her parent choose the place for him/her, whether willing or not). In this practice, parents choose a mate for their children when they reach puberty, when they are considered marriageable [3]. In some cases, parents would even promise to marry their unborn child to a child of another family. Alternatively, a child might be allowed to select a mate themselves, but the young person knows quite well that the marriage will not occur unless both sets of parents, and the extended families, approve. In this situation, a child falls in love with a person and hopes to marry that person, only to have their hopes dashed should either of the parents disapprove for any reason [10]. Whether the marriage is arranged by the parents or the parents let their child choose, the final decision is still in the hands of the parents. A marriage is determined by a number of basic elements: First, the background of the family must be considered to be compatible. For example, a rich (i.e. respected family) is thought to be compatible with another rich family [12], [5] and urban families are thought to be compatible. Newspapers often report cases in which parents arrange a marriage for their children, or reject their child‘s choice because the family background of the prospective partner is not acceptable to any of the four parents. Considerations of an acceptable background might be that of a familial political or criminal past. One can pick up a weekly or daily newspaper and easily find articles about this (Newspapers such as: Tien phong, Vietnamese Women, Family and Society). The group-interview in the study of Belanger & Hong (1995) reveals that Vietnamese parents in 1995 exercised full control over their children’s choice [2]. According to a survey conducted in two rural communes, 26.0% (the sample’s size and age is unknown) said that they felt that with regards to marriage the family compatibility norms should be maintained [7], this compatibility referring to a need for relative equality in education of the young people and the wealth and property holdings of the families. Second, the age of two sets of the parents as well as that of young people must be compatible. This is also Confucian and based on the Chinese horoscope. The Chinese horoscope is made up of 12 animals arranged in order: rat, ox, tiger, rabbit, dragon, snake, horse, sheep, monkey, cock, dog to boar/pig. Each year/age corresponds to one animal. In Vietnamese culture, it is universally believed that some animals are compatible while others are not. For example: a person born in the year of 91 Nguyen Thanh Binh the rat is compatible with someone born in the year of the monkey or dragon. However, a person born in the year of the monkey would not do well with a person born in the year of the tiger, snake or boar/pig [11], [9]. All parents know this age/animal association and all are constantly aware of which age is compatible with their own children. Third, the young unmarried person must have a stable job and be earning an adequate income. The criterion “he/she must have a stable job” was considered to be very important by almost every respondent [2]. Many other studies have also found this to be the case (The study of Hong,1991 and Belanger & Hong,1995). In conclusion, freedom of spousal choice was, in the past, severely limited while at present it is only limited. A generation ago most marriages were arranged by the parents. Parents evaluate marriage potential based on a number of factors, the most important being compatibility of family background, the age of the young couple, the parents and whether or not the potential spouse holds stable job earning a good income. In modern Vietnam - especially since the industrialization phase of the country which began around, things have changed considerably some young people now choose as a marriage partner a person whom they love or expect to love. However, it is still universally considered to be selfish to consider only one’s own wants and needs and not also that of one’s parents and siblings. Obviously this procedure is different from the traditional arranged marriage family: “The shifting pattern already observed with the previous generation from one in which the parents introduce the potential spouse to the young adult to one in which the young adult introduces a potential spouse to the parents is now completed” [1]. This is likely to be one impact of the social changes that have been occurring since 1986 [2]. In one woman’s words, “. . . nowadays because our society has changed a lot, there is much more freedom in marriage. . . ” [1], “parental power is to some extent loosened because the chance for young people to make friend outside the family is increasing with the mushrooming of dance halls, clubs, etc.” [2]. However, it is necessary to understand that this somewhat free choice means that children choose a potential spouse themselves but they must get the approval of all four parents. “All the people in the younger groups selected their spouse themselves. Although there is this freedom of choice, parental approval is central to the process” [1]. This Vietnamese type of modern marriage is something in between the totally arranged marriage of the traditional family and the modern Western type marriage. However, according to a survey conducted in 2006, only 7.3% of those between the age of 18 and 60 believe that the absolute right of parents to decide who their children will marry has decreased and indeed only 28.5% respondents who were older than 61 believe that such a change has occurred. [8;19]. Severe parental control is most prevalent among lower-income, rural and/or less educated families. It is most common for the individual children and prospective couples consult their parents early in their relationship to avoid the heartbreak of a parental refusal (70.8% people aged 18 to 60) [8, 10]. Alternatively, many have relationships which are assumed to be temporary due to assumed parental disapproval and these relationship are hidden from their parents, Abortions resulting from 92 Freedom of spousal choice: The Vietnam case such relationships are carried out in secret also. Another change of freedom of spousal choice e is with regards to equality between partners in marriage. Such equality is stipulated in the Constitution, Civil Code and the Law on Marriage and the Family. Article 64 of the 1992 Constitution provides that: “Marriage shall conform to the principles of free consent, progressive union, monogamy and equality between husband and wife”. Article 36 of the 1996 Civil Code states that: “The wife and the husband are equal; they have equal rights and obligations in all respects in their family and in civil transactions; together they build a well provided for, strong, harmonious and happy family”. Article nine of the Law on Marriage and the Family (2000) stipulates that: “Marriage is decided by both man and woman on the principle of free consent; no one may force or cheat others; no third person may force or prevent them from getting married”. Article 146 of the Penal Code declares that persons who force other persons into marriage against their will through persecution, ill-treatment or intimidation and who have previously been administratively sanctioned for these acts shall be again be warned, put on put on probation for up to three years or go to prison for three months to three years. The Marriage and Family law currently in effect in Vietnam was endorsed by the National Assembly in June 2000 and took effect in January 2001. The law establishes marriage as a right and endorses the principle of a monogamous union based on equal relations between a man and a woman. The law also respects and protects marriages between Vietnamese citizens of different ethnicities and/or religions, between religious and nonreligious people, and between Vietnamese citizens and foreigners. Moreover, the law states that the decision to marry must be voluntarily made by both parties and that the use of force, deception or obstruction is strictly prohibited (Center for Reproductive Rights, 2005). Marriage in Vietnam now is forbidden in the following circumstances: - Between people who are already married, - Between people who have lost their capacity to act, - Between family members within three generations, - Between current or former adoptive parents and their adopted children, and - Between people of the same sex (Center for Reproductive Rights, 2005). The 2000 Marriage and Family law also governs divorce in Vietnam. The law recognizes the right of a husband or wife to ask for a receive a divorce in court. Husbands are prohibited from seeking a divorce if the wife is pregnant or nursing a child under one year of age (Center for Reproductive Rights, 2005). According to the law, the court can review an application for divorce “when the situation is serious, cohabitation is no longer possible or the goal of the marriage has failed.” Two types of divorce are mentioned: - Divorce requested by both parties with agreement on the division of property and child custody arrangements. In this instance, the court will review the agreement to ensure that the best interest of the wife and children are protected. 93 Nguyen Thanh Binh - Divorce by request of one party following failed mandatory reconciliation attempts. In this case, the court determines whether divorce is appropriate (Center for Reproductive Rights, 2005). In mate selection, young people have, in the past few years, been enjoying increased freedom [4;263] when compared to previous generations. This is especially the case for those who are educated, living in urban areas, from an educated family background or living far from their family. 3. Conclusion In the past, marriages were usually arranged by the parents. Parents then and now evaluate potential spouses for their children based on family background, the age of the parents and the children, and whether the young person has a stable job. Currently in Vietnam, some young people choose their own marriage partners based on love, considering primarily their own wants and needs. REFERENCES [1] Belanger, D., Hong, K.T.T, 1995. Marriage and the family in urban North Vietnam, 1965 - 1993. Paper presented at the annual PAA meeting, San Francisco. [2] Bich, P.V, 1997. The changes of the Vietnamese family in the Red River Delta. Gothenburg: Department of Sociology. University of Gothenburg. [3] Binh, P.K, 1992. Vietnamese customs. Ho Chi Minh Publishing House. [4] Chung, T.V, 2001. The sociology of rural. Publishing House of Vietnam National University, Hanoi. [5] Derhodes, A, 1994. History of the Kingdom of Tonkin. Ho Chi Minh city, pp. 63 - 66. [6] Minh, B, 1991. 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