Many different reasons lead to the breakdown of a marriage. In which adultery is a common reason. So, is adultery illegal or not under Vietnamese Law? Let’s find out these issues with LSX Law firm
Marriage and Family Law 2014
Criminal Code 2015
Is adultery illegal under Vietnamese Law?
Vietnam law does not define what adultery is. However, in the usual sense, this is an act where the spouse has an illicit relationship with a third person.
Point c, Clause 2, Article 5 of the Law on Marriage and Family provides for the protection of the marriage and family regime as follows:
The Law prohibits a married person from marrying to or cohabitating as husband and wife with another person; or an unmarried person marries to or cohabitating as husband and wife with a married person.
“Cohabiting as husband and wife” means that a married person lives with another person or an unmarried person lives with someone he or she knows has wife or husband. The live show is openly or not but proven by having familiar children, neighbors, and the surrounding society as husband and wife, have common properties were family offices and mass education continues to maintain that relationship.
Currently, the Law only prohibits married people from living together as husband and wife with other people. Suppose a spouse has an illicit relationship (such as meeting, reciprocating, having sex) but not living together as husband and wife. In that case, it is only a moral violation and society condemns it.
The level of sanctioning acts of adultery illegal under Vietnamese Law
According to Clause 1, Article 51, Decree 82/2020/NĐ-CP:
- A fine of between VND 3,000,000 and 5,000,000 for one of the following acts:
a) Married person but marries to another person, unmarried but marries to a person whom he or she knows currently has wife or husband;
b) Having wife or husband but living as husband and wife with another person;
c) Unmarried, but cohabiting as husband and wife with someone they know has wife or husband;
In addition, accordingly article 182, Criminal code 2015; The law can prosecute them for criminal liability 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 one year:
a) Causing the marriage relationship of one or both parties to lead to divorce;
b) Having sanction administratively for this act but continue to commit it.
Committing the crime in one of the following circumstances, the Law sentence offenders to between 06 months and 03 years of imprisonment:
a) Causing the wife, husband, or child of either party to commit suicide;
b) There has been a court decision to cancel the marriage or forcibly terminate the marriage as husband and wife, contrary to the monogamy, but still maintain such a relationship.
Finally, hope this article “Procedures for divorce with foreigners” is useful for you!
Violation of the Law on marriage and family is the personal and property relations of husband and wife violating; leading to consequences affecting the usual relationship of husband and wife.
Violations of the marriage and family regime can be administratively sanctioned or more serious, criminally prosecuted