23/07/2022 11:15

What are penalties for violations against monogamy regime in Vietnam?

What are penalties for violations against monogamy regime in Vietnam?

Monogamy is one of the basic principles of the Vietnamese marriage and family regime protected by law. Depending on the nature and severity, violations against monogamy may be administratively sanctioned or prosecuted for criminal liability in Vietnam

1. Monogamy regime in general

Clause 1, Article 2 of Vietnam's Law on Marriage and Family stipulates:

"Article 2. Fundamental principles of the marriage and family regime

1. Voluntary, progressive and monogamous marriage in which husband and wife are equal.

..."

As can be seen, monogamy is one of the leading principles of the Vietnamese marriage and family regime. Therefore, during the marriage period, no one is allowed to marry or live together as husband and wife with another person.

In addition, in Article 5 of the Law on Marriage and Family, the law also stipulates prohibited acts, including:

- A married person getting married to or cohabitating as husband and wife with another person.

- An unmarried person getting married to or cohabitating as husband and wife with a married person.

2. Penalties for violations against monogamy

2.1. Administrative violations

Violations against monogamy, if not to the extent of being subjected to criminal liability, shall be imposed administrative penalties.

As stipulated in Article 59 of Decree 82/2020/ND-CP, the level of sanction for violations of monogamy is as follows:

"1. For one of the following offenses, a fine of VND 3,000,000 to 5,000,000 shall be imposed:

a) Being married or married but married to someone else, being unmarried or unmarried but married to someone he or she knows is married or is currently married;

b) Being married or married but cohabiting with another person as husband and wife;

c) Unmarried or married but living together as husband and wife with someone who is married;

... "

Thus, anyone who commits one of the violations against monogamy will be fined from 3,000,000 VND to 5,000,000 VND.

2.2. Consider criminal liability

Article 182 of the Criminal Code 2015 provides:

"1. Any married person who marries or cohabits with another person, any unmarried person who marries or cohabits with another person in the knowledge that he/she is already married and in any of the following circumstances shall receive a warning or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment:

a) The offence results in the divorce of one or both parties;

b) The offender has incurred an administrative penalty for the same offence.

2. This offence committed in any of the following circumstances carries a penalty of 06 - 36 months'' imprisonment:

a) The offence results in the suicide of the spouse or child of either party;

b) The court has issued a decision on dissolution of the marriage or compulsory termination of the cohabitation but the offender still defies such decision."

Those who violate the monogamy regime may face a warning, non-custodial reform for up to a year, or imprisonment for 3 months to a year. If there is one of the aggravating circumstances such as causing the wife, husband, or child of either party to commit suicide, or if there is a court decision to annul the marriage or be forced to terminate the cohabitation as husband and wife, contrary to the if the degree of monogamy and monogamy still maintains such a relationship, the offenders shall be sentenced to between 06 months and 03 years of imprisonment.

Phuong Uyen
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