Can a Vietnam Communist Party member be disciplined for forcing their child to get a divorce?

Can a Vietnam Communist Party member be disciplined for forcing their child to get a divorce?

Article 51 of the Regulation 69-QĐ/TW in 2022 provides for the disciplinary action for Communist Party members who violate marriage and family regulations as follows:

1. If a Communist Party member violates one of the following cases and causes minor consequences, they will be disciplined by the form of reprimand:

a. Interfering with the marriage, divorce, or child marriage of others.

b. Evading the obligation to care for and raise children, or abusing the labor of underage children.

c. Obstructing a person who is not the direct caregiver from visiting their child after a divorce (except in cases where the parent is restricted from visiting the child by a court decision).

d. Evading or failing to fulfill the guardianship obligation after completing the guardianship recognition procedures at the competent authority under the law.

dd. Altering, distorting the content, or falsifying documents to register for adoption.

e. Not registering for marriage, or having a spouse but still living with another person as husband and wife.

g. Violating the law on surrogacy.

2. If a Communist Party member has been disciplined under Clause 1 of this Article and commits the same violation again or commits the violation for the first time and causes serious consequences, or violates one of the following cases, they will be disciplined by the form of warning or dismissal (if they have a position):

a. Violating the regulations on correcting, distorting the content, or falsifying documents to register for marriage.

b. Being irresponsible, confirming the marital status incorrectly, leading to others registering for an illegal or irregular marriage.

c. Making false statements or fraudulent acts when registering for marriage or adopting a child; having a child with someone else while having a spouse.

3. If a Communist Party member violates Clause 1 or Clause 2 of this Article and causes very serious consequences, or violates one of the following cases, they will be disciplined by the form of expulsion:

a. Violating the regulations on prohibited marriage, violating the one-husband-one-wife system, affecting family happiness, and causing negative public opinion.

b. Forcing a spouse or child to do things that are contrary to morality or the law but do not reach the level of criminal prosecution.

c. Refusing to perform or failing to perform the obligation to provide for parents, or the obligation to provide for children after a divorce in accordance with the law.

According to the above regulations, your mother-in-law may be disciplined by the Party with the form of reprimand. However, the specific disciplinary form will depend on the consequences caused.

Can a Vietnam Communist Party member be disciplined for forcing their child to get a divorce? - Source: Internet

Is forcing a divorce a violation of the law in Vietnam?

Pursuant to Clause 2 Article 5 of the Law on Marriage and Family in 2014 stipulating prohibited acts as follows:

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.

As regulations above, forcing a divorce is prohibited according to the law in Vietnam.

Best regards!