From May 18, according to Decree 109/2026/ND-CP of the Government, the penalty level for violations of the monogamy regime is adjusted to increase from 3-5 million VND to 5-10 million VND, in order to increase deterrence and protect the values of marriage and family.
This regulation replaces Decree 82/2020, amended and supplemented by Decree 117/2024.
The penalty for violating the monogamy regime has been increased compared to the old regulations.
In Article 62 of Decree 109, the following acts will be fined 5-10 million VND:
a) Having a wife or husband but marrying another person, not having a wife or not having a husband but marrying someone you clearly know is having a husband or wife.
b) Having a wife or husband and living together as husband and wife with another person.
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.
d) Marriage or cohabitation as husband and wife between a person who was once an adoptive father or mother with an adopted child, father-in-law with a daughter-in-law, mother-in-law with a son-in-law, stepfather with a wife's child, stepmother with a husband's child.
e) Obstructing marriage, demanding wealth in marriage or obstructing divorce.
Compared to previous regulations, the penalty level for this group of acts has doubled.
Meanwhile, the fine of 10-20 million VND for more serious violations is still maintained, including:
a) Marrying or living together as husband and wife between people of the same bloodline or between people with surnames within three generations.
b) Marriage or cohabitation as husband and wife between adoptive father, adoptive mother and adopted child.
c) Forced marriage or deceitful marriage; forced divorce or deceitful divorce.
d) Taking advantage of marriage to exit, enter, reside, gain Vietnamese nationality, foreign nationality; enjoying preferential treatment from the State or to achieve other purposes without the purpose of building a family.
e) Taking advantage of divorce to evade property obligations, violate policies and laws on population or to achieve other purposes without the purpose of ending marriage.
The Law on Marriage and Family defines "cohabitation as husband and wife" as men and women organizing cohabitation and considering each other husband and wife. Practical application according to the guidance in Joint Circular 01/2001 shows that this act can be identified through cohabitation as a family, having common children, having common property or being recognized by the surrounding community as a marital relationship, whether public or not public.
In addition to administrative penalties, the act of violating the monogamy regime may also be criminally handled if it causes serious consequences, such as breaking the marriage leading to divorce, or re-offending after being punished. The penalty framework includes non-custodial reform for up to 1 year or imprisonment from 3 months to 1 year.
In more serious cases, such as causing the spouse or child of one of the two parties to commit suicide, or still maintaining an illegal relationship even though there is a court decision forcing the termination, the violator may be sentenced to imprisonment from 6 months to 3 years.
