Decree 109/2026 regulating administrative penalties in the field of marriage and family, effective from May 18, has increased the penalty for violations of the monogamy regime from 3-5 million VND to 5-10 million VND.
This regulation quickly attracted attention when many people thought that just "adultery" would be punished.
According to Lawyer Hoang Ha (Ho Chi Minh City Bar Association), in recent days he has received many questions about penalizing adultery. Is it true that "going to a motel" is fined?
The lawyer analyzed: "Article 62 of this Decree only stipulates penalties for violations of marriage, divorce and monogamy.
In which, the law only stipulates 2 types of relationships, either registering a second marriage, or living together as husband and wife, while everything "in between" does not have specific regulations".
According to the lawyer, the key point lies in the concept of "cohabitation as husband and wife", which is often misunderstood in practice.
The lawyer said: "Living together as husband and wife is when a person who is married or has a husband lives with another person... living together as a family.
This is often evidenced by signs such as having a common child, having common property, being considered husband and wife by neighbors and surrounding society.
Meaning it must have all the signs of a second family that actually exists, not just a few times overnight at a hotel or affectionate text messages - to be punished".
Many behaviors are condemned for ethics but there is not enough basis for administrative sanctions.
The lawyer stated clearly: "If my husband goes to a motel with another woman once a week, it is a matter of morality, contrary to morality, not yet an act punished under Article 62.
If the husband has a mistress but still returns home to normally live with his wife, then it is not necessary to "live together as husband and wife" according to legal definitions".
Not only is it easy to misunderstand the behavior, but the penalty process is also much more complicated than commonly thought.
Lawyer Hoang Ha analyzed: "Administrative penalties are not just about catching them red-handed and handling them immediately.
People whose rights are violated must send a denunciation with evidence, competent authorities verify, make a record and issue a penalty decision.
The entire process puts the burden of proving on the shoulders of the whistleblower, while evidence is not easy to collect.
Another notable point is the fine not paid to... the betrayed person.
The lawyer said that the fine will be paid to the state budget, not to the wife or husband (betrayed). To handle property, it must be through a divorce case and request the Court to consider the fault of one party in the division.
According to the lawyer, increasing the fine is not simply increasing money but also has a deterrent meaning and creates a legal basis for further handling steps.
The lawyer commented: "The increase in the penalty level has a deterrent value in that it affirms that the monogamy regime is still protected by specific sanctions.
This is also a premise for shifting to criminal liability if the violator has been punished but re-offends. The fine of 10 million VND is not just for fun but the first milestone in a stricter handling process.
From the practical application of law, lawyers believe that current regulations have set clear boundaries in intervening in married life.
Lawyer Hoang Ha concluded: "Administrative and criminal law only intervenes in acts with clear structures and sufficiently serious consequences for social order. Acts that deviate from ethical standards but do not reach this threshold cannot be administratively sanctioned.
