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HOW ARE SPOUSES HANDLED IF THEY HAVE EXTRAMARITAL AFFAIRS?

11-03-24 MTParners

The act of a person who is married but lives with someone else as if they were married (or having an extramarital affair) is considered unethical and violates Vietnamese law. However, a sad reality is that this behavior is occurring and showing signs of increasing in society today.

According to Article 2 of the Law on Marriage and Family of 2014, one of the fundamental principles of the marriage and family regime is “Voluntary, progressive marriage, one husband one wife, equal spouses”; and according to Article 19, Clause 1, of the Law on Marriage and Family of 2014, spouses have the obligation to love, be faithful, respect, care for, assist each other; share and perform household chores together.

The act of extramarital affairs, if it occurs, will be subject to administrative and criminal penalties as prescribed by Vietnamese law. Specifically, they are as follows:

– Regarding administrative penalties, according to the provisions of Article 1, Clause 59, Decree No. 82/2020/NĐ-CP, a person who is married but lives with someone else as if they were married; or a person who is not married but lives with someone else as if they were married and it is clear that the other person is married, may be fined from 3,000,000 VND to 5,000,000 VND.

– Regarding criminal liability, according to the provisions of the 2015 Penal Code, Article 182. Offense of violating the regime of one husband, one wife:

1. Anyone who is currently married but marries another person or lives with someone else as if married, or anyone who is not married but marries or lives with someone else as if married and knows that person is already married, falls into one of the following cases and shall be punished with a warning, non-custodial reform for up to 01 year, or imprisonment from 03 months to 01 year:

a) Causing the marriage relationship of one or both parties to lead to divorce;

b) Having been administratively punished for this conduct and continuing to violate it.

2. If the offense falls under one of the following cases, the perpetrator shall be punished with imprisonment from 06 months to 03 years:

a) Causing the spouse or child of either party to commit suicide;

b) Despite a court decision to annul the marriage or terminate the cohabitation contrary to the regime of one husband, one wife, the relationship is still maintained.

So, regarding the act of extramarital affairs, depending on the consequences of the behavior, the violator may be subject to a warning, non-custodial rehabilitation for up to 1 year, or imprisonment from 3 months to 3 years.

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