Adultery is one of the causes leading to the breakdown of marriages. So, according to legal regulations, what are the penalties for adultery with a married person in Vietnam?
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Vietnam: What are the penalties for adultery with a married person? (Illustrative photo)
On this matter, the editorial board of Lawnet provides the following advice:
According to the provisions at point c, clause 2, Article 5 of the Marriage and Family Law 2014, 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 in Vietnam is one of the prohibited cases.
Therefore, adultery is understood as an act violating the "monogamy policy". Depending on the seriousness of the violation, a person committing adultery with a married person in Vietnam will be subject to administrative penalties or criminal prosecution as provided by law. Specifically, the penalties are as follows:
Firstly: A person committing adultery with a married person in Vietnam may be fined up to 5 million VND
Under the provisions of Article 59 of Decree 82/2020/ND-CP, a fine ranging from 3,000,000 VND to 5,000,000 VND is imposed for adultery as follows:
- A married person who gets married to another person, or an unmarried person who gets married to a married person;
- A married person cohabiting as husband and wife with another person;
- An unmarried person cohabiting as husband and wife with a married person;
- Marriage or cohabitation as husband and wife between an 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;
- Obstruction of marriage, demanding property for marriage, or obstruction of divorce.
Secondly: A person committing adultery with a married person in Vietnam may face a penalty of up to 3 years' imprisonment
A person committing adultery, apart from administrative fines, can also be liable for criminal prosecution for adultery. Under the above regulation, a person committing adultery with a married person in Vietnam will be fined from 3 to 5 million VND. Simultaneously, a married person committing adultery with another person will also be fined from 3 to 5 million depending on the seriousness of the violation. Specifically, Article 182 of the Criminal Code 2015 stipulates penalties for 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.
Thus, according to the above regulation, a person who commits adultery with a married person shall receive a warning or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment if causing the marriage to break down leading to divorce or if the person has been administratively sanctioned and repeats the offense. Additionally, if the offence results in the suicide of the spouse or child of either party, the offender shall face a penalty of 06 - 36 months' imprisonment.
The adultery with a married person is prohibited by law. However, in practice, to sanction those who commit adultery, the spouse must have evidence proving the violation of the law. Such evidence may include:
- Messages, photos, audio recordings, or videos showing signs of the spouse's adultery.
- Proof of adultery can be established if the two people have a child together or through neighbors or relatives to confirm they have a child together.
- Additionally, evidence can be the testimony of the husband or wife or the third party.
Ty Na
