To handle adultery from a legal perspective in Vietnam

To handle adultery from a legal perspective in Vietnam (Artwork)

1. Is "adultery" considered a violation of the law in Vietnam?

First, it should be understood that "adultery" is a term commonly used by people in life, not a legal language, and does not appear in legal documents. However, "adultery" can be understood as the act of a married person who marries or lives as husband and wife with another person, or is unmarried or unmarried but marries or lives together as a husband and wife with a married person.

According to Clause 1, Article 2 of the Law on Marriage and Family 2014, one of the basic principles of the marriage and family regime under Vietnamese law is "monogamy, husband and wife are equal".

At the same time, at point c, Clause 2, Article 5 of the Law on Marriage and Family, it is clearly forbidden to:

A married person who gets married or lives together as husband and wife with another person, or who is unmarried but marries or cohabits as husband and wife with a married person.

Therefore, "adultery" is considered a violation of the law.

2. How is the act of "adultery" handled from a legal perspective in Vietnam?

Although the Law on Marriage and Family 2014 does not stipulate sanctions for acts of "adultery", it is possible to apply the handling methods specified in a number of other relevant legal documents. Specifically,

(1) Acts of "adultery" will be administratively sanctioned in Vietnam.

According to Article 59 of Decree 82/2020/ND-CP (effective from September 1, 2020), stipulating fines for violations of regulations on marriage and divorce and violations of the monogamy regime as follows:

- A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

• Already married but married to another person; unmarried but married to a person that they know to be married;
• Married but living as husband and wife with another person,
• Unmarried but cohabiting as husband and wife with a married or married person;
• Getting married or living together as husband and wife between a person who used to be their father, an adoptive mother, a father-in-law, a mother-in-law, a stepfather, a stepmother;

According to this regulation, "adultery" will be administratively sanctioned, equivalent to a fine of between VND 3,000,000 and 5,000,000. This fine has increased compared to Decree 110/2013/ND-CP (which expires on September 1, 2020). Clause 1 of Article 48 of Decree 110/2013/ND-CP only stipulates a fine ranging from VND 1,000,000 to VND 3,000,000.

(2) The acts of "adultery" may be considered a crime of violating the monogamy regime in Vietnam.

Specifically, in Article 182 of the Criminal Code 2015, the penalties for violations of the monogamy regime are as follows:

- A person who is married or has a husband but marries or lives together as husband and wife with another person; unmarried or unmarried people get married; cohabiting as husband and wife with a person they know well that they are married or have a wife in one of the following circumstances shall be subject to warning, non-custodial reform for up to 1 year or a prison term of between 3 months and 1 year.

• Making one or both parties' marriage relationship end in divorce;
• Having been administratively sanctioned for this act but still violates it.

Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 06 months and 03 years of imprisonment:

• Causing either party's spouse or child to commit suicide;
• There has been a court decision to annul the marriage or forcibly terminate the cohabitation as husband and wife, contrary to the monogamy principle, but still maintain such a relationship.

Note: Cohabitation as husband and wife implies that a married person lives with another person; unmarried people living with people they know are married openly or not as husband and wife. Cohabitation as husband and wife is often demonstrated by having children together, considered by neighbors and the surrounding society as husband and wife, having a common property that has been educated by the family of an agency or mass organization but continues to maintain that relationship... (according to Point 3.1 of Circular 01/2001/TTLT-BTP-BCA-TANDTC-VKSNDTC, effective from October 10, 2001).

Thus, "adultery" is considered a violation of the law and violators will be fined, even potentially imprisoned for up to 3 years. However, it should be clearly understood that this crime is only prosecuted for criminal liability when: (i) the act of violating the monogamy regime causes serious consequences (e.g., causes the family of one or both parties to break up). (ii) Monogamy regime violators have been administratively sanctioned for this act, but they continue to do so (according to Point 3.2 of Circular 01/2001/TTLT-BTP-BCA-TANDTC-VKSNDTC).

Bao Ngoc

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