Once divorced, is the ex-husband allowed to prevent his ex-wife from marrying someone else in Vietnam?

Once divorced, is the ex-husband allowed to prevent his ex-wife from marrying someone else in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is obstructing marriage?

Obstructing marriage or divorce means threatening, intimidating spiritually, maltreating, ill-treating, demanding property or another act to obstruct the marriage of a person eligible to get married under this Law or to force a person to maintain the marriage relation against his/her will.(Clause 10, Article 3 of the Law on Marriage and Family 2014).

2. Once divorced, is the ex-husband allowed to prevent his ex-wife from marrying someone else in Vietnam?

According to Article 2 of Decree 76/2023/ND-CP, domestic violence acts between divorced people include:

- Torturing, ill-treating, beating, and threatening or acts of intentionally violating the health and lives of others;

- Insulting, nagging, or other acts of intentionally insulting the honor and dignity of others;

- Forcing people or animals to witness violence to put constant psychological pressure;

- Forcing performance of erotic acts; forcing other family members to listen to, view, and read pornographic audio, images, and contents, inciting violence;

- Illegally forcing others to leave their legal residence.

- Disclosing or spreading information on personal life, secrets, and family secrets of others to insult their honor and dignity;

- Preventing others from meeting their family members, having legal and healthy social relationships, or committing acts of isolating and putting constant psychological pressure;

- Preventing exercise of rights and fulfillment of obligations in the family relations between grandparents and grandchildren; between father, mother, and child; between brothers and sisters;

- Obstructing marriage.

Thus, the act of obstructing marriage is considered an act of domestic violence, and the law prohibits acts of domestic violence. Therefore, once divorced, the husband is not allowed to prevent his wife from marrying someone else.

3. What are the penalties for otruction of voluntary and civilized marriage in Vietnam? 

Depending on the nature and extent, acts of hindering marriage may be subject to administrative fines or even criminal prosecution. Specifically:

- Administrative fine:

According to the provisions of Article 59 of Decree 82/2020/ND-CP, a fine from 3,000,000 VND to 5,000,000 VND shall be imposed for acts of obstructing marriage, claiming property during marriage or obstructing divorce.

Accordingly, acts of hindering marriage can be administratively punished with a fine ranging from 3,000,000 VND to 5,000,000 VND.

- Criminal handling:

Pursuant to Article 181 of the Penal Code 2015, regulations on forced marriage or divorce, obstruction of voluntary and civilized marriage, obstruction of voluntary divorce are as follows:

Any person who forces another person to marry against his/her will, obstructs another person from marrying or maintaining their voluntary and civilized marriage, forces or obstructs a divorce by means of abuse, mental intimidation, demand for property or other methods despite the fact that he/she has incurred a administrative penalty for the same offence shall receive a warning or face a penalty of up to 03 years' community sentence or 03 - 36 months' imprisonment.

Thus, the act of obstruction of voluntary and civilized marriage can be criminally prosecuted with a penalty of non-custodial reform for up to 03 years or imprisonment from 03 months to 03 years.

In short, the act of obstruction of voluntary and civilized marriage can be administratively punished with a maximum fine of VND 5,000,000 or criminally prosecuted with a prison sentence of up to 03 years.

Decree 76/2023/ND-CP takes effect on December 25, 2023.

Nguyen Ngoc Que Anh

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