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? (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