What is the penalty for the adultery in Vietnam? Can a person who commits adultery face a penalty of imprisonment in Vietnam?

What is an adultery in Vietnam?

Based on Clause 2, Article 5 of the Law on Marriage and Family 2014, which regulates the protection of the marriage and family regime 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.

...

Therefore, the adultery can be understood as the behavior of:

- A person who is already married or cohabitating as husband and wife with someone else openly or secretly but living together as a family.

- A person who does not have a wife or husband but is cohabitating as husband and wife with someone whom they know is already married openly or secretly but cohabitating as a family.

What is the penalty for the adultery in Vietnam? Can a person who commits adultery face a penalty of imprisonment in Vietnam? (Image from the Internet)

Can a person who commits adultery face a penalty of imprisonment in Vietnam?

Based on Article 182 of the Criminal Code 2015, which regulates the adultery as follows:

Adultery

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.

Therefore, the crime of adultery can be punished with a warning, community sentence for up to 01 year or imprisonment from 03 months to 01 year if it causes the marriage relationship of one or both parties to lead to divorce; and if the offender has been punished for administrative violations of this act and still commits the offense.

In addition, the crime of adultery can be punished with a maximum imprisonment of 3 years if their adultery causes consequences such as causing the spouse or child of one of the parties to commit suicide; or if there is a court decision to annul the marriage or terminate the cohabitation contrary to the regime of one wife, one husband but still maintaining that relationship.

How much is the administrative penalty for the adultery in Vietnam?

Based on Article 59 of Decree 82/2020/ND-CP, which regulates the level of penalties for the offense of adultery as follows:

Violation of regulations on marriage, divorce, and the regime of one wife, one husband

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

a) Being already married but marrying someone else, not having a wife or husband but marrying someone whom they know is already married or has a spouse;

b) Being already married but cohabitating as husband and wife with someone else;

c) Not having a wife or husband but cohabitating as husband and wife with someone whom they know is already married or has a spouse;

d) Marrying or cohabitating as husband and wife between former adoptive parents and adopted children, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepmother and stepson, stepfather and stepdaughter;

e) Obstructing marriage, demanding property in marriage, or obstructing divorce.

2. A fine from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Marrying or cohabitating as husband and wife between people of the same bloodline or between people with the same surname within three generations;

b) Marrying or cohabitating as husband and wife between adoptive parents and adopted children;

c) Forcing marriage or deceiving marriage; forcing divorce or deceiving divorce;

d) Exploiting marriage for emigration, immigration, residence, Vietnamese citizenship, foreign citizenship; enjoying state preferential policies or for other purposes not aimed at building a family;

e) Exploiting divorce to evade property obligations, violate population policies and laws, or for other purposes not aimed at terminating the marriage.

3. Remedial measures:

Compulsory return of illegally obtained benefits due to the commission of the offense specified in points d and dd of Clause 2 of this Article.

Therefore, a person who commits adultery will be subject to an administrative fine ranging from 3,000,000 VND to 5,000,000 VND.

Best Regards!