How is “Adultery” punished in Vietnam?

Adultery violates not only moral principles but also legal regulations under Vietnamese law. Understanding the administrative and criminal penalties associated with adultery helps reduce such incidents, promote respect for marital fidelity, and uphold the integrity of the legal system. Contact Apolo Lawyers – Solicitors & Litigators via Hotline (+84) 903 419 479 or Email contact@apolo.com.vn for quick and effective support. With a dedicated and professional legal team, we are committed to accompanying you throughout the entire divorce process. 

1. Adultery

Adultery refers to an act violating the obligation of marital fidelity, occurring when a married individual engages in an emotional or sexual relationship with another person who is not a lawful spouse. Under Vietnamese law, adultery is not only a moral issue but also constitutes a legal violation subject to administrative penalties or even criminal prosecution when serious consequences arise.

Adultery may include:

• Cohabitation with another person while still legally married.
• Maintaining a public romantic relationship that affects dignity and family harmony.
• Violating the monogamous marriage regime protected by law.

How Is “Adultery” Punished in Vietnam?

2. Administrative Sanctions for Adultery

According to the Law on Marriage and Family 2014, the government protects and upholds the monogamous marriage regime and strictly prohibits adultery during a lawful marriage. Article 19 of this Law provides as follows:

“Article 19. Husband and wife attachment

1. Husband and wife have the obligations to love, be faithful to, respect, attend to, care for, and help each other and share family work.

2. Unless otherwise agreed by them or due to requirements of their occupations, work or study, or participation in political, economic, cultural or social activities or for another plausible reason, husband and wife have the obligation to live together.”

Therefore, fidelity between husband and wife is a mandatory legal obligation. Any breach of this obligation constitutes a violation of the law.

Pursuant to Decree No. 82/2020/ND-CP on administrative penalties in judicial assistance, civil judgment enforcement, marriage and family, and related fields, the following provisions apply:

A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:
a) A married person marrying another individual, or an unmarried person marrying one known to be married;
b) A married person cohabiting with another individual as husband and wife;
c) An unmarried person cohabiting with one known to be married;
d) Marriage or cohabitation as husband and wife between former adoptive parents and adopted children, between parents-in-law and children-in-law, or between step-parents and stepchildren;
đ) Obstructing marriage, demanding property as a precondition for marriage, or obstructing divorce.

A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for acts such as:
a) Marriage or cohabitation between individuals related by direct bloodline or within three generations;
b) Marriage or cohabitation between adoptive parents and adopted children;
c) Forcing or deceiving another person into marriage or divorce;
d) Exploiting marriage for immigration, residence, nationality, or other improper purposes;
đ) Exploiting divorce to evade financial obligations or violate population policies.

3. Criminal Liability for Adultery

Violation of the monogamous marriage regime may result in criminal prosecution when the conduct causes severe consequences. Following to Article 182 Criminal Code 2015:

“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 circumstances shall receive a warning or face a penalty of up to 01 year of community sentence or a term of imprisonment from 03 to 12 month:

a) The offence results in the divorce of one or both parties;

b) The offender has incurred an administrative penalty for the same offence.

2. This offence committed in any of the following circumstances carries a penalty of imprisonment ranging from 06 to 36 months:

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.”

Depending on the severity of the violation, adultery may result in either administrative fines or criminal prosecution. Every individual must remain aware of legal obligations and respect the marital relationship between themselves and others.

4. Importance of Sanctions against Adultery

Imposing administrative fines and criminal penalties for adultery demonstrates the strictness of Vietnamese law in protecting family values, social order, and the lawful rights of the faithful spouse.

In Vietnam, the family is considered the fundamental unit of society, providing a stable foundation for sustainable development. When one spouse violates fidelity obligations, emotional, psychological, and economic consequences extend beyond the couple, affecting children and both families. Legal sanctions therefore play a crucial role in:

• Preserving moral and cultural family values in Vietnam.
• Maintaining social order and compliance with monogamous marriage laws.
• Protecting the dignity, honor, and legitimate rights of the aggrieved party.
• Safeguarding the rights and well-being of children for balanced development.
• Preventing acts that infringe upon family harmony and public morality.

5. Recommendations for Violators and Affected Individuals

• Seek legal consultation to protect legitimate rights and interests.

• Provide clear evidence to prove acts of adultery when necessary.

• Offenders should recognize legal responsibilities and avoid conduct leading to criminal liability.

• Parties involved should prioritize mediation and legal advice to ensure lawful and fair resolution.

How Is “Adultery” Punished in Vietnam?

6. Legal Services by Apolo Lawyers

At Apolo Lawyers, we specialize in handling divorce and division of assets after divorce in Vietnam, including complex cases involving foreign spouses and real estate ownership. With a team of experienced Vietnam divorce lawyers, we are committed to protecting our clients rights and achieving fair, transparent outcomes.

Our key services include:

• Legal consultation on divorce procedures and property division;
• Representation - divorce lawyer, in court proceedings and asset dispute resolution;
• Drafting and negotiating marital property settlement agreements;
• Assistance in international divorce and cross-border property division;
• Advisory on foreign ownership of real estate and compliance with Vietnamese law.

With Apolo Lawyers, clients can rely on trusted legal representation that combines deep local knowledge and international understanding to ensure the best protection of their assets and interests.

If you need any help, contact us via email at contact@apolo.com.vn or Hotline: (+84) 903 419 479.

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