Vietnam: What are the penalties for CPV members who violate the monogamy regime leading to having out-of-wedlock children?
- What are the penalties for CPV members who violate the monogamy regime leading to having out-of-wedlock children?
- What is the administrative sanction for violation of monogamy leading to having out-of-wedlock children in Vietnam?
- Vietnam: What are the penalties for CPV members who violate the monogamy regime leading to having out-of-wedlock children?
What are the penalties for CPV members who violate the monogamy regime leading to having out-of-wedlock children?
Pursuant to Article 8 of the Law on cadres and civil servants 2008, the obligations of cadres and civil servants to the Communist Party of Vietnam, State and people are as follows:
Obligations of cadres and civil servants towards the Communist Party of Vietnam , State and people
1. To be loyal to the Communist Communist Party of Vietnam of Vietnam and the State of the Socialist Republic of Vietnam; to safeguard the national honor and interests.
2. To respect the people and devotedly serve the people.
3. To keep close contact with the people, listen to the people’s opinions and submit to the people’s supervision.
4. To strictly observe the Communist Party of Vietnam ’s line and policies and the State’s laws.
Accordingly, civil servants who commit acts of violating the monogamous marriage regime, depending on the severity and consequences, may be disciplined in accordance with the law on disciplining officials and public employees and employees, specifically, from Article 8 to Article 14 of Decree 112/2020/ND-CP as follows:
Applying the form of discipline and reprimand to cadres and civil servants
...
9. Violation of the law on: domestic violence prevention and control; population, marriage and family; gender equality; Social Security; other provisions of law related to cadres and civil servants.
Thus, depending on the severity and consequences of acts, cadres who violate the monogamy regime may be handled as follows:
- Discipline reprimand
- Disciplinary warning
- Discipline to lower salary level (for civil servants who do not hold leadership or management positions)
- Disciplinary demotion (for civil servants holding leadership and management positions)
Disciplinary dismissal (for cadres and civil servants holding leadership and management positions)
- Discipline forced to quit work
- Disciplinary dismissal
Vietnam: What are the penalties for CPV members who violate the monogamy regime leading to having out-of-wedlock children?
What is the administrative sanction for violation of monogamy leading to having out-of-wedlock children in Vietnam?
Pursuant to Clause 2, Article 5 of the Law on Marriage and Family 2014, the protection of the marriage and family regime is as follows:
Protection of the marriage and family regime
...
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.
...
Pursuant to Clause 1, Article 59 of Decree 82/2020/ND-CP stipulating violations of regulations on marriage and divorce and violations of the monogamous marriage regime as follows:
Acts of violating 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 married to another person, unmarried or unmarried but married to a person whom he or she clearly knows is married or is currently married;
b) Being married or married but living as husband and wife with another person;
c) Unmarried or unmarried, but cohabiting as husband and wife with a person they know to be married or 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 ;
...
Accordingly, living together as husband and wife with another person during the marriage period will be administratively sanctioned with a fine ranging from VND 3,000,000 to VND 5,000,000 (regardless of having children).
Vietnam: What are the penalties for CPV members who violate the monogamy regime leading to having out-of-wedlock children?
Pursuant to Clause 3, Article 51 of Regulation 69-QD/TW of 2022 on violations of regulations on marriage and family as follows:
Violation of marriage and family regulations
...
3. In case of violation of Clauses 1 and 2 of this Article causing very serious consequences or in one of the following cases, the discipline shall be in the form of expulsion:
a) Violating regulations on banning marriage, violating the monogamous marriage regime, affecting family happiness, causing bad public opinion in society.
b) Forcing spouses and children to do unethical and illegal things but not to the extent of criminal prosecution.
c) Refusing to perform or fail to perform the parental support obligations, the child support obligations after the divorce as prescribed by law.
Accordingly, when a Communist Party of Vietnam member violates the monogamous marriage regime, affecting family happiness and causing bad public opinion in society, he/she will be disciplined in the form of expulsion from the Communist Party of Vietnam.
LawNet
