How much is fine for a third person who destroys another person's marriage in Vietnam?

How much is fine for a third person who destroys another person's marriage in Vietnam?

Pursuant to the provisions in Clause 1, Article 59 of Decree 82/2020/ND-CP, violations of regulations on marriage, divorce and violations of the monogamous marriage regime are as follows:

1. Fine from 3,000,000 VND to 5,000,000 VND for one of the following acts:

a) Being married or having a husband but marrying someone else; being unmarried or unmarried but marrying someone who you clearly know is married or has a wife;

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

c) Not married or unmarried but living as husband and wife with someone you clearly know is married;

d) Marriage or living together as husband and wife between a person who was once an adoptive father or mother with an adopted child, father-in-law with daughter-in-law, mother-in-law with son-in-law, stepfather with the wife's stepchild, stepmother with the husband's stepchild ;

d) Obstructing marriage, claiming property during marriage or hindering divorce.

Thus, based on the above regulations in Vietnam, if your friend's husband acts as husband and wife with a third person, he will be fined from 3,000,000 VND to 5,000,000 VND.

Is there criminal liability for a third person who destroys another person's marriage in Vietnam?

According to the provisions of Article 182 of the 2015 Criminal Code, adultery is as follows:

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.

According to the law in Vietnam, adultery can be prosecuted for criminal liability if the act leads to the following consequences:

+ Causing the marital relationship of one or both parties to lead to divorce;

+ Causing the spouse or child of either party to commit suicide or the person committing this act has already been administratively sanctioned for this act but continues to violate it;

+ There has been a Court decision to annul the marriage or force the termination of cohabiting as husband and wife contrary to the monogamy regime while still maintaining that relationship.

The maximum prison sentence for this crime is 3 years in prison.

How much is fine for a third person who destroys another person's marriage in Vietnam? (Image from the Internet)

What is raising of children after divorce for families interrupted by a third person in Vietnam?

According to the provisions of Article 81 of the Law on Marriage and Family 2014, looking after, care for, raising and education of children after divorce are as follows:

1. After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves in accordance with this Law, the Civil Code and other relevant laws.

2. Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.

3. A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.

Thus, based on current regulations in Vietnam, if the child is under 36 months old, in principle it will be given to the mother, unless the mother is not qualified or the parties have otherwise agreed. In case her child is 7 years old or older, she must consider who her child wants to live with.

Best regards!