01-07-26 MTParners
Decree 109/2026/ND-CP doubles the fine for violating the monogamy regime. But does an administrative penalty decision automatically win a unilateral divorce case?
From May 18, 2026, infidelity and cohabiting as spouses with another person while already married can be fined from VND 5 million to VND 10 million under Decree 109/2026/ND-CP, double the previous fine. Notably, under current adjudication guidance, a spouse who has been warned, reconciled, or administratively fined for this conduct but fails to correct it provides important grounds for the court to accept the other spouse’s unilateral divorce petition. This article analyzes the new regulation and the most common grounds for unilateral divorce recognized in judicial practice.
On April 1, 2026, the Government issued Decree No. 109/2026/ND-CP on administrative penalties in the fields of judicial assistance, judicial administration, marriage and family, civil judgment enforcement, and business/cooperative recovery and bankruptcy. The Decree took effect on May 18, 2026, replacing Decree 82/2020/ND-CP.
Under Article 62 of Decree 109/2026/ND-CP, violations of the monogamy regime are subject to a fine of VND 5,000,000 to VND 10,000,000 — double the previous range of VND 3,000,000 to VND 5,000,000 under Decree 82/2020/ND-CP (as amended by Decree 117/2024/ND-CP). For organizations, the fine is double that applicable to individuals.
Decree 109/2026/ND-CP specifically lists the acts subject to a fine of VND 5-10 million, including:
First, marrying another person while already having a spouse; or marrying a person one knows is already married while not married oneself.
Second, cohabiting as spouses with another person while already having a spouse; or cohabiting as spouses with a person one knows is already married while not married oneself. Under the Law on Marriage and Family, “cohabiting as spouses” means a man and woman organizing a shared life and regarding each other as husband and wife, without necessarily having a marriage certificate.
Third, marrying or cohabiting as spouses between persons who previously had an adoptive parent-adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepchild, or stepmother and stepchild relationship.
The answer is no, not automatically. Under Clause 1, Article 56 of the 2014 Law on Marriage and Family, courts grant a unilateral divorce only where there is evidence that a spouse has committed domestic violence or seriously violated the rights and obligations of spouses, causing the marriage to reach a serious state, making continued cohabitation impossible, and the purpose of marriage unattainable.
In judicial practice, infidelity or cohabiting as spouses with another person is only considered grounds for divorce when the spouse, relatives, or authorities have advised, warned, or mediated but the conduct was not corrected and continued to recur, or when the offending spouse has already been administratively fined, or when investigating authorities have concluded there are signs of a monogamy-violation offense not yet serious enough for criminal prosecution.
This is the key point: an administrative penalty decision under Decree 109/2026/ND-CP does not automatically lead to a court granting divorce, but it is one of the objective pieces of evidence with high legal value, helping the plaintiff prove that the marriage has reached a “serious state” in the spirit of Article 56.
Besides infidelity, judicial practice also recognizes several other groups of grounds commonly accepted by courts for unilateral divorce:
Domestic violence that is frequent and repeated, having already been the subject of warnings, mediation, or protective orders such as separation or no-contact orders by competent authorities, yet the offending spouse still fails to correct the behavior.
Spouses not living together for a long period without legitimate reason, or living together only in form without marital affection, care, or mutual support.
Serious violations of other personal or property obligations between spouses that significantly affect married life, proven through specific documents and evidence rather than one-sided testimony alone.
The increased fines and stricter enforcement against monogamy violations under Decree 109/2026/ND-CP give affected spouses an additional legal tool to protect their rights: an administrative penalty decision issued by the commune-level People’s Committee becomes an official document that can be submitted together with a unilateral divorce petition or a claim for damages, rather than relying solely on witness testimony or self-collected evidence that is easily challenged in court.
For spouses affected by infidelity: gather evidence (messages, photos, witness confirmations), file a complaint with the commune-level People’s Committee where they reside to request consideration of an administrative penalty, and retain the penalty decision as evidence when filing for unilateral divorce.
Before filing a unilateral divorce petition, consult a lawyer to fully assess the evidence and correctly identify the grounds under Article 56 of the 2014 Law on Marriage and Family, avoiding cases where the court requests additional documents or rejects the petition due to insufficient evidence.
MT & Partners Law Firm, with a team of experienced lawyers in marriage and family law, is ready to provide consultation, evidence collection, and client representation in unilateral divorce cases, property disputes, and child custody matters. Contact hotline 0987140772 or email info@mtpartners.vn for consultation.
(*) This article is for reference only and does not replace specific legal advice.
Keywords: infidelity fine Vietnam 2026, Decree 109/2026/ND-CP, monogamy violation, unilateral divorce, grounds for divorce, Article 56 Law on Marriage and Family, cohabiting as spouses.
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