Tiếng Việt
Table of Contents
1. What is adultery?
2. Legal regulations on marriage
3. Penalties for people who commit adultery according to legal regulations
3.1 Administrative penalties for adultery
3.2 Criminal prosecution for adultery
1. What is adultery?
According to the provisions of the 2014 Law on Marriage and Family, monogamy is legal, and both parties have the obligation to be faithful to each other. However, some people who are married still secretly have relationships with others, even living together is considered adultery.
Therefore, adultery is considered a violation of marital obligations.
2. Laws regulating the marriage regime
Pursuant to Point c, Clause 2, Article 5 of the 2014 Law on Marriage and Family, the following acts are prohibited: “c) A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;”
3. Penalties for people who have extramarital affairs according to legal regulations
3.1 Administrative penalties for adultery
Pursuant to Clause 1, Article 59 of Decree No. 82/2020/ND-CP, which stipulates penalties for violations of regulations on marriage, divorce and violations of the monogamous marriage regime, are as follows:
“Article 59. Violations of regulations on marriage, divorce and violations of the monogamous marriage regime
1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts:
a) Being married but still marrying someone else; being unmarried but marrying someone who is clearly know is married or has a wife;
b) Being married but living together as husband and wife with another person;
c) Not married but living as husband and wife with someone you clearly know is married or married;
d) Marriage or living together as husband and wife between a person who was once an adoptive father or mother with an adopted child, father-in-law with daughter-in-law, mother-in-law with son-in-law, stepfather with the wife’s stepchild, stepmother with the husband’s stepchild ;
dd) Obstructing marriage, claiming property during marriage or hindering divorce.”
3.2 Criminal prosecution for adultery
Pursuant to Article 182 of the 2015 Penal Code, amended and supplemented in 2017, which stipulates the crime of violating the monogamous marriage regime, as follows:
“Article 182. Adultery
1. Any married person who marries or cohabits with another person, any unmarried person who marries or cohabits with another person in the knowledge that he/she is already married and in any of the following cases shall receive a warning or face a penalty of up to 01 year’s community sentence or 03 – 12 months’ imprisonment:
a) The offence results in the divorce of one or both parties;
b) The offender previously incurred a civil penalty for the same offence.
2. This offence committed in any of the following cases shall carry a penalty of 06 – 36 months’ imprisonment:
a) The offence results in the suicide of the spouse or child of either party;
b) The court has issued a decision on dissolution of the marriage or compulsory termination of the cohabitation but the offender still defies such decision.”
Therefore, according to the above provisions, anyone who has a wife or husband but commits adultery violates the marriage regime. Depending on the nature and severity, they will be administratively fined from 3,000,000 to 5,000,000 VND or, more seriously, prosecuted for criminal liability with the highest prison term from 06 months to 03 years.