Will Party members who commit adultery be expelled from the Party in Vietnam?

Will Party members who commit adultery be expelled from the Party in Vietnam? (Internet image)

Regarding this matter, LawNet would like to answer as follows:

1. A Party member committing adultery will be expelled from the Communist Party in Vietnam

Based on Clause 8, Article 17 of Guideline 03-HD/UBKTTW 2012, behaviors such as being unmarried, having a spouse, or currently having a spouse but living together or having relations as husband and wife with another person are actions that Party members must not perform.

Thus, according to Point a, Clause 3, Article 24 of Regulation 102-QD/TW 2017, Party members violating the regulations on marriage prohibitions, violating one-wife, one-husband marriage policies will be disciplined by expulsion.

As such, under the provisions mentioned above, a Party member committing adultery will be expelled from the party. Additionally, depending on the severity of the act, the violating Party member may also be subject to administrative penalties or even criminal prosecution.

2. Party member committing adultery may be subject to administrative penalties or criminal liability in Vietnam

In addition to being expelled from the Communist Party, a Party member committing adultery will also be subject to an administrative penalty. According to Article 59 of Decree 82/2020/ND-CP, a fine ranging from VND 3,000,000 to VND 5,000,000 is imposed on a Party member violating the one-wife, one-husband marriage policy as follows:

- Having a spouse but marrying another person, being unmarried but marrying someone known to be married;- Having a spouse but cohabiting as husband and wife with another person;- Being unmarried but cohabiting as husband and wife with someone known to be married;- Marrying or cohabiting as husband and wife between individuals who were once parent-and-child-in-law, step-parents with step-children;- Obstructing marriage, demanding property in marriage, or obstructing divorce.

Furthermore, if already subject to administrative penalties but the Party member continues to re-offend or causes the marriage of either party to lead to divorce, then criminal liability will be called. Specifically, under Article 182 of the Penal Code 2015, penalties for Party members committing adultery are as follows:

- Reprimand, non-custodial reform up to 1 year, or imprisonment from 3 months to 1 year for individuals who have a spouse but marry or cohabit as husband and wife with another person, or individuals who are unmarried but marry or cohabit as husband and wife with someone known to be married, under one of the following circumstances:

- Causing the marriage of either party to lead to divorce;- Previously subject to administrative penalties for this act but re-offending.

- Imprisonment from 6 months to 3 years for offenders under the circumstances:

- Causing a spouse or child of either party to commit suicide;- Court orders annulling the marriage or terminating the cohabitation contrary to the one-wife, one-husband policy, but continuing the relationship.

Thus, according to the regulations above, a Party member committing adultery will be fined from VND 3,000,000 to VND 5,000,000, non-custodial reform up to 01 year, or imprisonment from 3 months to 1 year if causing the marriage to lead to divorce or if subject to administrative penalties but re-offending. Additionally, if a Party member causes a spouse or child of either party to commit suicide, they will be sentenced to imprisonment from 6 months to 3 years.

Ty Na

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