Do divorce Party members break the law in Vietnam? Can Party member who committed adultery leading to divorce be expelled from the Party in Vietnam?
Do divorce Party members break the law in Vietnam? Can Party member who commits adultery leading to divorce be expelled from the Party in Vietnam? What are disciplined actions for Party members who do not support their children after divorce in Vietnam?
Hi, I have a problem that needs to be answered. My husband was a party member and had an adultery with someone else. I am planning to divorce him, can I ask if it is illegal for a party member to divorce? If a Party member commits adultery leading to a divorce, will he be expelled from the Party? If he doesn't support his children after the divorce, what are disciplined actions?
I look forward to the reply from you, thank you.
Do divorce Party members break the law in Vietnam?
Article 51 of the Law on Marriage and Family 2014 stipulates the right to request settlement of divorce as follows:
1. Husband or wife or both has or have the right to request a court to settle their divorce.
2. A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.
3. A husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.
According to Article 51 of Regulation 69-QD/TW of 2022, violations of the regulations on marriage and family are as follows:
1. Party members who violate one of the following circumstances, causing less serious consequences, shall be disciplined in the form of reprimand:
a) Interfering with marriage, divorce or child marriage.
b) Evading the obligation to care for and raise children, abusing the labor power of minor children.
c) Obstructing persons who do not directly raise children to visit their children after a divorce (except for cases where the parents are restricted from having access to their children under a court decision).
d) Evading or failing to fulfill the guardianship obligation after completing the procedures for recognition of guardianship at a competent agency according to law.
d) Correcting, falsifying contents, forging papers for adoption registration.
e) Not registering for marriage or currently married but still living with another person such as husband or wife.
g) Violating the law on surrogacy.
2. If a person has been disciplined according to Clause 1 of this Article but recidivism or first violation causes serious consequences or commits one of the following cases, the discipline shall be in the form of warning or dismissal (if there is a position):
a) Violation of correction, falsification of contents or forging documents for marriage registration.
b) Lack of responsibility, incorrect confirmation of marital status, leading to other people's illegal or illegal marriage registration.
c) Making false statements or committing acts of deception when registering marriage or giving or adopting children; have children with another person while married.
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 obligation to provide parental support or child support obligation after a divorce as prescribed by law.
Thus, according to the above provisions in Vietnam, there is no prohibition or disciplinary action against Party members who divorce, except in the case of a male Party member who wants a divorce when his wife is pregnant, giving birth or nursing a child under 12 months of age.
Your case is not in the case of being pregnant, giving birth or raising a child under 12 months old, so your husband's divorce from you in this case is not against the law in Vietnam.
Can Party member who commits adultery leading to divorce be expelled from the Party in Vietnam?
Pursuant to Article 51 of Regulation 69-QD/TW of 2022, which provides for violations of the regulations on marriage and family as follows:
1. Party members who violate one of the following circumstances, causing less serious consequences, shall be disciplined in the form of reprimand:
a) Interfering with marriage, divorce or child marriage.
b) Evading the obligation to care for and raise children, abusing the labor power of minor children.
c) Obstructing persons who do not directly raise children to visit their children after a divorce (except for cases where the parents are restricted from having access to their children under a court decision).
d) Evading or failing to fulfill the guardianship obligation after completing the procedures for recognition of guardianship at a competent agency according to law.
d) Correcting, falsifying contents, forging papers for adoption registration.
e) Not registering for marriage or currently married but still living with another person such as husband or wife.
g) Violating the law on surrogacy.
2. If a person has been disciplined according to Clause 1 of this Article but recidivism or first violation causes serious consequences or commits one of the following cases, the discipline shall be in the form of warning or dismissal (if there is a position):
a) Violation of correction, falsification of contents or forging documents for marriage registration.
b) Lack of responsibility, incorrect confirmation of marital status, leading to other people's illegal or illegal marriage registration.
c) Making false statements or committing acts of deception when registering marriage or giving or adopting children; have children with another person while married.
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 obligation to provide parental support or child support obligation after a divorce as prescribed by law.
Therefore, according to the above provisions in Vietnam, Party members who commit adultery leading to divorce may be expelled from the Party if causing serious consequences. Whether your husband has an affair and leads to a divorce will be expelled from the Party or not depends on the level of the violation.
What are disciplined actions for Party members who do not support their children after divorce in Vietnam?
In Clause 3, Article 51 of Regulation 69-QD/TW of 2022, violations of the regulations on marriage and family are as follows:
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 obligation to provide parental support or child support obligation after a divorce as prescribed by law.
Thus, after a divorce, Party members who fail to fulfill their child support obligations may be disciplined in the form of expulsion from the Party in Vietnam.
Best regards!
