From September 01, 2020, What is the Fine for Marriage Between Adoptive Parents and Adopted Children?

Recently, the Government of Vietnam issued Decree 82/2020/ND-CP stipulating penalties for administrative violations in the fields of judicial support; judicial administration; marriage and family; civil judgment enforcement; and bankruptcy of enterprises and cooperatives.

From September 01, 2020, How Much Will Be Fined for Marrying Between Adoptive Parents and Adopted Children?

From September 01, 2020, How Much Will Be Fined for Marrying Between Adoptive Parents and Adopted Children? (Illustration Image)

To be specific, Article 3 Clauses 5 and 7 of the Law on Marriage and Family 2014 stipulates:

- Marriage is the establishment of a husband and wife relationship between a man and a woman in accordance with the provisions of this Law regarding marriage conditions and marriage registration.- Cohabitation as husband and wife is the cohabitation and mutual consideration as husband and wife by a man and a woman.

Simultaneously, Article 3 Clauses 2 and 3 of the Law on Adoption 2010 stipulates:

- Adoptive parents are persons who adopt a child after the adoption has been registered by a competent state agency. - An adopted child is a person adopted after the adoption has been registered by a competent state agency.

Additionally, Point d Clause 2 Article 5 of the Law on Marriage and Family 2014 prohibits marriage between adoptive parents and adopted children; between persons who were previously adoptive parents and adopted children, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and wife's stepchild, stepmother and husband's stepchild.

For such behaviors, starting from September 01, 2020, penalties will be specified under Decree 82/2020/ND-CP, specifically:

- A fine from 3,000,000 VND to 5,000,000 VND for the following behaviors: Marrying or cohabiting as husband and wife between persons who were previously adoptive parents and adopted children, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and wife's stepchild, stepmother and husband's stepchild.

- A fine from 10,000,000 VND to 20,000,000 VND for the following behaviors: Marrying or cohabiting as husband and wife between adoptive parents and adopted children.

This is a new fine level stipulated in Decree 82/2020/ND-CP, and it is considered considerably higher compared to the current regulations under Decree 110/2013/ND-CP amended and supplemented by Decree 67/2015/ND-CP, where fines for the two above-mentioned behaviors only ranged from 1,000,000 VND to 3,000,000 VND.

For more details, please refer to Decree 82/2020/ND-CP, effective from September 01, 2020, replacing Decree 110/2013/ND-CP and Decree 67/2015/ND-CP.

Le Hai

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