Both deterrent and warning
From May 18, according to Decree 109/2026/ND-CP of the Government, the penalty for violations of the monogamy regime is adjusted to increase from 3 - 5 million VND to 5 - 10 million VND.
From a legal perspective, experts believe that this adjustment is not simply to increase deterrence but also a tough message to protect the core values of marriage.
Dr. Lawyer Dang Van Cuong - Chinh Phap Law Office (Hanoi Bar Association) - said that the right to freedom of marriage in modern society is being expressed very clearly. The trend of free marriage and even "happy divorce" of a part of young people makes this phenomenon increasingly common.
However, this situation is very worrying. Family is always the cell of society. When marriage breaks down, children who have to live in new circumstances will face a higher risk of abuse and harassment. The breakup also entails serious psychological, life and health consequences. Even many conflicts and extreme jealousy have led to painful murders," lawyer Cuong analyzed.
Therefore, according to lawyer Cuong, increasing the fine from 3 - 5 million VND to 5 - 10 million VND for violations of the monogamy regime will contribute to enhancing deterrence. This is not only a wake-up call for those who commit violations to recognize and stop, but also a "tool" to prevent things from becoming more serious.
There must be a limit
According to lawyer Cuong, currently, the law is a unified whole, including many norms. The law not only protects personal freedoms and personal rights but also protects marriage and family. Therefore, there is always a boundary between the basic rights of citizens. Specifically, in this case, it is the right to collect evidence to prove violations with the right to privacy of information, letters, telegrams, telephones or personal privacy data.
If it is discovered or suspected that your husband or wife is cheating, the collection of evidence needs to be limited. Insiders should avoid cases where they infringe on letters, telegrams, telephones, personal privacy or cause social disorder due to jealousy or suspicion. Cases of direct or online jealousy attacks are all violations of the law," lawyer Cuong explained.
Experts note that the collection of evidence must be based on the provisions of law; only collect public documents, avoiding infringing on privacy.
If it is discovered that the husband or wife entered a motel or hotel or had intimate gestures that exceeded the limit in a public place and there is evidence of filming or taking pictures, then that is legal evidence to prove adultery. In cases that stop at the level of suspicion, both parties need to exchange frankly to find the cause, and can also ask family, organizations or local authorities to intervene and mediate," the expert analyzed.
In case mediation efforts fail and adultery continues, the person involved has the right to request the court to resolve a unilateral divorce. The expert also emphasized that love affairs are inherently affected by many factors such as emotions, circumstances and understanding between the two sides. Therefore, suspicion may occur, but to draw a conclusion, there must be valid evidence.
