Adultery with a married person may be criminally handled

Reader H.N (in Ho Chi Minh City) asked: My cousin got married 9 years ago and has two children, a boy and a girl. Her husband is the director of an import-export company with high income. Therefore, he suggested that my cousin stay at home to take care of her husband's family and children.

In the early days, my brother-in-law loved and pampered my sister very much. Even when she came home late from work, he still helped her with housework and taught her children.

However, recently my brother-in-law often goes out early and returns late, and has long business trips. When he gets home, he also doesn't spend time with her and teaching his children to study. When my sister asked, he said it was because he was busy with work and the company had many orders to process.

Everything broke down when more than a week ago, a woman texted my cousin. She said she was my brother-in-law's secretary and girlfriend. The two were in love and had been living as husband and wife for more than 1 year. My brother-in-law also bought her a house. Currently, she is pregnant with my brother-in-law's child.

She also showed my sister the messages between the two of them. In it, my brother-in-law told her that my sister is a freeloader, unemployed. My brother-in-law also said that a woman in the kitchen corner like my sister is not worthy of him. He did not dare to take my sister anywhere because he was afraid of losing face.

In the most recent message, my brother-in-law promised to leave my cousin to marry her. He told her that a person in the kitchen corner like my sister, if she knows what's right, he will give her some property, otherwise he will leave empty-handed.

Not stopping there, she also sent my cousin clips showing the feelings of the two of them. She brazenly challenged and demanded that my sister quickly divorce her brother-in-law.

Too shocked and resentful of the news of her husband's affair, my sister lay crying for several days. Then she thought desperately and took sleeping pills to commit suicide. Although she was rescued in time and saved her life, her health was seriously affected.

Currently, my family is very upset and wants to file a request for resolution regarding the actions of that woman. Lawyer, may I ask if that action will be handled? I would like to ask the lawyer for advice.

Regarding the legal issue you asked, Lawyer Duong Thu Hien - Thanh Lam Law Company Limited - advises as follows:

Point c, Clause 2, Article 5 of the Law on Marriage and Family 2014, amended and supplemented in 2025 stipulates prohibited acts: "c) A person who is married and has a husband but marries or cohabits as husband and wife with another person or is not married and does not have a husband but marries or cohabits as husband and wife with a person who is married and has a wife";

Thus, in this case, the woman clearly knew that her brother-in-law was married but still lived together as husband and wife, this is a prohibited act according to the Law on Marriage and Family 2014, amended and supplemented in 2025.

The act of not having a husband but living as husband and wife with a person who is married will be subject to administrative penalties. Specifically, a fine of between 3,000,000,000 VND and 5,000,000,000 VND according to point c, clause 1, Article 59 of Decree No. 82/2020/ND-CP dated July 15, 2020 of the Government (amended and supplemented by Decree No. 117/2024/ND-CP): “1. A fine of between 3,000,000,000 VND and 5,000,000,000 VND shall be imposed for one of the following acts:

...

c) Not having a wife or not having a husband but living as husband and wife with someone you clearly know is having a husband or is having a wife;

From May 18, 2026, the act of "Not having a wife" or "not having a husband" but living as husband and wife with a person you clearly know is having a husband or wife will be subject to administrative sanctions. Specifically, a fine of between 5,000 VND and 10,000 VND according to point c, clause 1, Article 62 of Decree No. 109/2026/ND-CP dated April 1, 2026, this Decree takes effect from May 18, 2026.

Regarding criminal responsibility: The woman texting your cousin and demanding your cousin divorce led to her cousin taking sleeping pills to commit suicide, this act is punished with imprisonment from 06 months to 03 years according to point a, clause 2, Article 182 of the 2015 Penal Code.

Article 182. Crime of violating the monogamy regime

2. Committing a crime in one of the following cases shall be sentenced to imprisonment from 06 months to 03 years:

a) Causing the wife, husband or child of one of the two parties to commit suicide;

The above is the advice of the lawyer. Hopefully, it will help your family have a basis to solve their problems.