Are text messages considered evidence of adultery not under Vietnamese law?
Adultery is one of the main reasons leading to divorce today. According to current regulations, adultery is a violation of the law and can be handled if done. So is texting considered evidence of infidelity? How are adulterers handled? If you are also interested in this, today, LSX Lawfirm will give you an article about “Are text messages considered evidence of adultery not under Vietnamese law?“, as follows:
Legal grounds
- Law on marriage and family 2014
- Civil Procedure Code 2015
Provisions on evidence in civil cases
Articles 93 and 94 of the 2015 Civil Procedure Code provide for evidence as follows:
“Evidence in a civil case is anything real that is handed over or presented by the involved parties and other agencies, organizations or individuals to the Court during the course of proceedings or collected by the Court in order, procedures prescribed by this Code and used by the Court as a basis for determining the objective circumstances of the case as well as determining that the claims or objections of the involved parties are grounded and lawful.
Evidence must be gathered from the following sources:
– Source is readable, audible, visual, electronic data
- Source of evidence;
- Evidence from the litigant’s testimonies;
- Evidence from witnesses’ testimonies;
- Assessment conclusion of the competent investigating agency;
- A record of on-site appraisal results;
- Result of asset valuation, asset price appraisal of the appraisers;
- A document recording legal events and acts made by a competent person.
The evidence you collect must ensure compliance with legal and legal regulations. Besides, they must be authentic, accurate.
What is evidence of adultery?
Evidence of infidelity is evidence that proves that a husband or wife is living together with another person such as husband and wife outside of the official marriage relationship.
Then Evidence of adultery is evidence collected in accordance with the order and procedures prescribed by law, must be real, false and untrue evidence will be rejected and may be fined if submitted to the Court.
Evidence of adultery must ensure objective and legal elements, not of a personal nature. Illegal evidence will of course not be recognized by law.
For example, you can use a lover’s text message to your husband or wife, but you can’t show proof that it was a private correspondence between the two of them. Because when giving this evidence will violate the confidentiality of correspondence, it may not be recognized by the Court.
Is texting considered evidence of infidelity?
Messages are classified as evidence collected from readable, audible, visible, and electronic data. However, for text messages to become evidence of infidelity, the collection must be from the following specific sources:
A readable document is considered evidence if it is an original or a legally notarized or authenticated copy or provided and certified by a competent agency or organization.
– Audio and visual documents shall be considered as evidence if presented together with a written statement of the person having such document about the origin of the document if they have recorded audio or video themselves or written confirmation of the document holder. who provided the presenter with the origin of the document or the written record of the incident related to the recording or video recording.
– Electronic data messages are expressed in the form of electronic data exchange, electronic documents, electronic mail, telegram, telegraph, fax and other similar forms as prescribed by law on electronic transactions…
Therefore, a message is a form of electronic data message that can be seen and read, but to be recognized as evidence, there must be a written confirmation or the origin of the document is based on:
– Does the sim phone that send the message belong to the lover?
– Prove that the person texting the spouse is their lover.
How are adulterers handled?
In case adultery is discovered, there are sufficient legal proofs, it may be administratively handled or examined for penal liability as follows:
Penalties for administrative violations
According to the provisions of Clause 1, Article 59 of Decree No. 82/2020/ND-CP, a fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
- Being married or married but married to another person, unmarried or unmarried but married to a person whom he or she clearly knows is married or is currently married;
- Being married or being married but living together as husband and wife with another person;
- Unmarried or unmarried but cohabiting as husband and wife with someone they know to be married or married.
Thus, acts of adultery with a married person can be administratively fined up to 5 million VND.
Criminal prosecution (Article 182 of the 2015 Penal Code)
Depending on the seriousness of the problem, this behavior can also be prosecuted for criminal responsibility.
Specifically, the person who commits adultery with a married person may be prosecuted for penal liability for violating the monogamy regime with a maximum penalty of up to 3 years in prison. Details are as follows:
- A person who is married or has a husband but marries or lives as husband and wife with another person, or an unmarried or unmarried person marries or lives as husband and wife with someone he or she knows to be married, having a wife in one of the following circumstances, the offenders shall be subject to warning, non-custodial reform for up to 1 year or a prison term of between 3 months and 1 year:
- Make the marriage relationship of one or both parties lead to divorce;
- Has been administratively sanctioned for this act but continues to commit it.
Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 06 months and 03 years of imprisonment:
- Causes the wife, husband or child of either party to commit suicide;
- There has been a court decision to annul the marriage or forced to terminate the cohabitation as husband and wife contrary to the monogamy, but still maintain such relationship.
Principles of property division when divorce because of adultery
During the settlement of the divorce case, the plaintiff has the right to provide evidence to support the lawsuit claim as prescribed in Article 6 of the Civil Procedure Code 2015. The proof of one party’s fault leads to the divorce. Marriage is very important in the divorce process. When dividing the common property of husband and wife, the court will base itself on the factors specified in Article 59 of the Law on Marriage and Family 2015 including the following elements: “The fault of each party in violating the rights and obligations of the spouses. couple”
According to the provisions at Point d, Clause 4, Article 7 of the Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP, there are provisions:
– The fault of each party in violation of the rights and obligations of husband and wife” is the fault of a spouse who violates the personal rights and obligations of the husband and wife, leading to divorce.
In case the husband commits domestic violence, unfaithfulness or property destruction, when settling divorce, the court must consider the husband’s fault when dividing the husband and wife’s common property to ensure the right to divorce. lawful interests of the wife and minor children.
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Related article
- Can a divorced person register marriage with another person?
- Property division in divorce: What to know so as not to lose?
- What is the divorce law in Vietnam when the husband has an affair?
Related questions
– A petition for unilateral divorce under Article 189 of the Civil Code 2015;
– Marriage registration certificate (original);
– Passport (copy);
– A copy of the identity card of the husband and wife;
– A copy of the birth certificate of the common child (if there are children);
– Documents proving property and custody of children.
Wife, husband or both have the right to request the Court to settle the divorce. Parents and other relatives have the right to request the Court to settle the divorce when one of the spouses suffers from mental illness or other diseases.
Pursuant to Article 94 of the Civil Procedure Code 2015 stipulates the source of evidence as follows:
“Article 94. Sources of evidence Evidence was gathered from the following sources:
1. Readable, audible, visual documents, electronic data. Accordingly, electronic data is also considered as one of the sources of evidence.
At the same time, in Clause 3, Article 95 of the 2015 Civil Procedure Code, the determination of evidence is as follows: “3. Electronic data messages are expressed in the form of electronic data exchange, electronic documents, electronic mails, telegrams, telegraphs, faxes and other similar forms in accordance with the law on transport. electronic translation.”
Thus, according to the above provisions, a message is a form of electronic data message, which is considered a source of evidence.
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