26-08-26 MTParners
Decree No. 109/2026/ND-CP doubles the fines for violations of the monogamy regime. It is also key evidence for courts to consider when deciding whether to grant a unilateral divorce, under the latest guidance from the Judges’ Council of the Supreme People’s Court.
From 18 May 2026, a married person who marries another person, or cohabits with another person as spouses, will be fined VND 5-10 million, double the previous VND 3-5 million, under Decree No. 109/2026/ND-CP recently issued by the Government. Beyond administrative sanctions, proven adultery is also significant evidence enabling a spouse to request the court to grant a unilateral divorce.
Under Article 62 of Decree No. 109/2026/ND-CP (replacing Decree No. 82/2020/ND-CP, effective from 18 May 2026), fines of VND 5-10 million apply to: a married person who marries another person; a married person who cohabits with another person as spouses; or an unmarried person who cohabits as spouses with someone they know to be married. Compared to the previous Decree No. 82/2020/ND-CP, which set fines at only VND 3-5 million, the new fine level is doubled, reflecting the Government’s stricter stance on the monogamy regime.
Notably, the Decree also imposes fines of VND 10-20 million for coercing or deceiving a spouse into divorce, or obstructing a divorce — situations that are not uncommon in MT & Partners’ practice.
Under Article 56 of the 2014 Law on Marriage and Family, the court shall grant a divorce upon the request of one spouse where there is evidence that the other spouse has committed domestic violence or seriously violated the rights and obligations of spouses, causing the marriage to fall into a serious state where the couple can no longer live together and the purpose of marriage cannot be achieved.
Clause 3, Article 4 of Resolution No. 01/2024/NQ-HDTP issued by the Judges’ Council of the Supreme People’s Court specifically guides that one of the circumstances constituting a “serious state” of marriage is where a spouse commits adultery. Thus, adultery does not automatically result in divorce, but it is a clear legal ground for the court to consider granting a unilateral divorce, provided the requesting spouse can prove the act with lawful evidence.
An administrative penalty decision issued under Decree No. 109/2026/ND-CP, if any, carries strong evidentiary value in a divorce case, as it is a document issued by a competent state authority that has already verified the violation. In practice, however, most adultery cases are never subject to administrative penalties before reaching court, as the parties involved rarely file complaints or the commune-level People’s Committee lacks sufficient grounds to act. Litigants should therefore proactively gather other evidence such as messages, photos, videos, witness testimony, or minutes of working sessions with the local authorities.
Many betrayed spouses take it upon themselves to access the other spouse’s phone, email, or social media accounts to find evidence, or to secretly film or record at the third party’s residence. Such acts may violate the right to privacy and confidentiality of correspondence protected under the Constitution and the Civil Code, which can render the evidence inadmissible in court — and may even expose the person collecting it to legal liability. Evidence should be gathered openly and lawfully, ideally with the assistance of a lawyer or a bailiff to prepare a certified record (vi bằng).
The new regulation sends a clear signal: sanctions for adultery and cohabitation as spouses are being tightened both administratively and in civil proceedings. For couples in conflict due to a third party, this creates a basis to weigh filing an administrative complaint, i.e. requesting a penalty from the local People’s Committee, against filing a civil divorce lawsuit — two paths that can mutually reinforce each other in terms of evidence.
For individuals considering a unilateral divorce on grounds of adultery: gather evidence early and lawfully, with legal counsel, before filing the petition; consider filing a complaint with the commune-level People’s Committee where the violation occurred to obtain a penalty decision as supporting evidence; and prepare a plan regarding marital property and child custody in parallel with the evidence-gathering process.
MT & Partners Law Firm, with a team of experienced family law attorneys, is ready to advise on evidence collection, prepare case files, and represent clients’ interests in unilateral divorce proceedings. Contact hotline 0987140772 or email info@mtpartners.vn for consultation.
(*) This article is for reference only and does not replace specific legal advice.
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