How is the mistress using trickery for forcing husband to divorce his wife handled in Vietnam? Forcing another person to divorce is punishment by imprisonment?
What is the act of forcing another person to divorce in Vietnam?
Forcing others to divorce is an act of forcing a divorce under Clause 9, Article 3 of the Law on Marriage and Family 2014 as follows:
"Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
...
9. Forcing marriage or divorce means threatening, intimidating spiritually, maltreating, ill-treating, demanding property or another act to force a person to get married or to divorce against his/her will."
Thus, forcing divorce means threatening, intimidating spiritually, maltreating, ill-treating, demanding property or another act to force a person to divorce.
According to Article 5 The Law on Marriage and Family 2014 on Protection of the marriage and family regime, including forced divorce as follows:
"Article 5. Protection of the marriage and family regime
1. Marriage and family relations established and implemented in accordance with this Law shall be respected and protected by law.
2. The following acts are prohibited:
a/ Sham marriage or sham divorce;
b/ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
c/ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;
d/ Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;
dd/ Demanding property in marriage;
e/ Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;
g/ Giving birth with assisted reproductive technology for commercial purpose, commercial gestational surrogacy, prenatal sex selection, cloning;
h/ Domestic violence;
i/ Taking advantage of marriage and family rights for human trafficking, labor exploitation or sexual abuse or committing another act for self-seeking purposes.
2. All acts of violating the marriage and family law shall be handled strictly in accordance with law.
Agencies, organizations and individuals have the right to request a court or another competent agency to take measures to promptly stop and handle violators of the marriage and family law.
3. The honor, dignity, prestige, privacy and other privacy rights of parties shall be respected and protected in the course of settlement of marriage and family-related cases and matters"
How is forcing another person to divorce handled?
According to the provisions of Clause 2, Article 59 of Decree 82/2020/ND-CP, forcing another person to divorce is a violation of the regulations on marriage and divorce and a violation of the monogamous marriage regime. Forcing another person to divorce may be fined from 10,000,000 VND to 20,000,000 VND depending on the seriousness of the violation as follows:
"Article 59. Violations against regulations on marriage and divorce and violations of the monogamous marriage regime
1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a) Being married or being married but getting married to another person, unmarried or unmarried but getting married to someone who he or she knows is married or is currently married;
b) Being married or being married but living as husband and wife with another person;
c) Cohabiting as husband and wife with someone they know well that they are married or are married althought do not get married;
d) Marrying or living together as husband and wife between a person who used to be a father, an adoptive mother with an adopted child, a father-in-law with a daughter-in-law, a mother-in-law with a son-in-law, a stepfather with a stepchild of a wife, a stepmother with a stepchild of a husband ;
d) Obstructing marriage, claiming wealth in marriage or obstructing divorce.
2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a) Marrying or living together as husband and wife between people of the same direct bloodline or between people who have the same surname within three generations;
b) Marrying or living together as husband and wife between adoptive parents and adopted children;
c) Forcing marriage or fraudulently married; forced divorce or fraudulent divorce;
d) Taking advantage of marriage to exit, enter, reside or naturalize Vietnamese or foreign nationality; to enjoy the State's preferential regimes or to achieve other purposes that are not for the purpose of building a family;
d) Taking advantage of the divorce to evade property obligations, violate policies and laws on population or to achieve other purposes without the purpose of terminating the marriage.
3. Remedial measures:
Forcing to return of illegal profits obtained from committing violations specified at Points d and dd, Clause 2 of this Article."
In which cases is forcing another person to divorce criminally handled?
According to the provisions of Article 181 of the Penal Code 2015, Any person who forces another person to divorce has incurred a administrative penalty for the same offence shall receive a warning or face a penalty of up to 03 years' community sentence or 03 - 36 months' imprisonment.
"Article 181. Forced marriage or divorce, obstruction of voluntary and civilized marriage, obstruction of voluntary divorce
Any person who forces another person to marry against his/her will, obstructs another person from marrying or maintaining their voluntary and civilized marriage, forces or obstructs a divorce by means of abuse, mental intimidation, demand for property or other methods despite the fact that he/she has incurred a administrative penalty for the same offence shall receive a warning or face a penalty of up to 03 years' community sentence or 03 - 36 months' imprisonment."
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