Wife's Unauthorized Reading of Husband's Messages May Be Punishable by Up to 3 Years in Prison

Pursuant to Article 21 of the 2013 Constitution, everyone has the right to the confidentiality of correspondence, telephone conversations, telegrams, and other private forms of information exchange. No one shall illegally open, check, or seize the correspondence, telephone conversations, telegrams, and private forms of information exchange of others. This right is reaffirmed in Article 38 of the 2015 Civil Code, which states that personal privacy rights are respected and protected by law. Personal correspondence, telephone conversations, telegrams, and other forms of electronic information are guaranteed to be safe and confidential.

Based on this premise, if a spouse reads the other's messages or emails without consent, depending on the severity, they may be subject to administrative penalties or even criminal prosecution.

To be specific, according to Point a Clause 2 Article 51 of Decree 167/2013/ND-CP, if a wife reads her husband's messages or vice versa, and then disseminates these messages in a way that damages the other's honor and dignity, they will be fined from VND 1,000,000 to VND 1,500,000.

In certain cases, this act can be subject to criminal liability with a maximum penalty of up to 03 years in prison according to Article 159 of the 2015 Criminal Code for the crime of infringing on the confidentiality or safety of correspondence, telephone conversations, telegrams, or private forms of information exchange of others as follows:

A warning, a fine from VND 20,000,000 to VND 50,000,000, or non-custodial reform for up to 03 years: For acts of infringing on the confidentiality or safety of correspondence, telephone conversations, telegrams, telexes, faxes, or other private forms of information exchange, despite having been disciplined or administratively fined for such acts.

Imprisonment from 01 - 03 years if there are aggravating circumstances: Disclosing acquired information that affects the honor, reputation, and dignity of others; causing the victim to commit suicide; committing the crime in an organized manner; abusing position and authority; committing the crime multiple times.

Therefore, to ensure they do not violate the law, wives who suspect their husbands of infidelity or wrongful acts must still seek their husband's permission to read messages instead of secretly checking messages or phones on their own.

- Nguyen Trinh -

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