Question: My family and I are seeking clarification on the updated administrative penalties in marriage and family relations under current Vietnamese law. Could SB Law legal experts clarify which violations—such as breach of monogamy, sham marriage, underage marriage, or obstruction of marriage—are subject to administrative fines in 2026? What are the specific fine amounts, competent authorities, and threshold for criminal prosecution?
Answer:
– Effective from May 18, 2026, Decree 109/2026/ND-CP (promulgated on April 1, 2026) officially replaced Decree 82/2020/ND-CP and Decree 117/2024/ND-CP, providing detailed regulations on administrative violations and sanctions in marriage and family relations. The maximum administrative fine applicable to individual violators in marriage and family relations is VND 30,000,000 under Clause 1, Article 4 of Decree 109/2026/ND-CP. For organizational violators, the fine rate is double that for individuals
– Jurisdictional competence is clearly delineated: Chairpersons of Communal People’s Committees are authorized to impose fines up to VND 15,000,000 under Clause 1, Article 84 of Decree 109/2026/ND-CP; violations attracting fines exceeding VND 15,000,000 up to VND 30,000,000 fall under the jurisdiction of Chairpersons of Provincial People’s Committees. Civil status officials and other authorized officers are entitled to record administrative violation minutes during civil registry inspections.
– For underage marriage and organizing underage marriage, Clause 1, Article 61 of Decree 109/2026/ND-CP imposes fines ranging from VND 1,000,000 to VND 3,000,000 for organizing marriage for a person under marriageable age. Maintaining unlawful spousal relations with an underage person despite an effective court judgment ordering termination incurs fines from VND 3,000,000 to VND 5,000,000 under Clause 2, Article 61 of Decree 109/2026/ND-CP.
– For violations of the monogamy regime, Clause 1, Article 62 of Decree 109/2026/ND-CP imposes fines from VND 5,000,000 to VND 10,000,000 on married persons marrying or cohabiting as husband and wife with another person, or unmarried persons cohabiting as husband and wife with someone known to be married. Notably, administrative sanctions apply strictly when extramarital relationships translate into actual ‘marriage’ or stable, public ‘cohabitation as husband and wife.
– For obstruction, coercion, or deception in marriage or divorce, Clause 1, Article 62 of Decree 109/2026/ND-CP imposes fines from VND 5,000,000 to VND 10,000,000 for obstructing marriage, demanding property in marriage, or obstructing divorce. Coercing or deceiving into marriage or divorce incurs fines from VND 10,000,000 to VND 20,000,000 under Clause 2, Article 62 of Decree 109/2026/ND-CP
– For sham marriage or divorce for illicit gains, Clause 2, Article 62 of Decree 109/2026/ND-CP imposes fines from VND 10,000,000 to VND 20,000,000 for exploiting marriage for immigration, residence, naturalization, or state benefits, or exploiting divorce to evade property obligations. Beyond fines, violators must disgorge all illegal profits gained from the violation under Clause 3, Article 62 of Decree 109/2026/ND-CP.
– Regarding criminal prosecution thresholds, under Article 182 of the Penal Code, violations of monogamy will escalate to criminal prosecution (warning, non-custodial reform up to 01 year, or imprisonment from 03 months to 01 year) under any of the following circumstances: (i) Causing the marriage of one or both parties to dissolve in divorce; (ii) Driving a spouse or child to suicide; or (iii) Continuing the violation after having been administratively penalized for the same conduct. Similarly, organizing underage marriage after prior administrative penalties incurs criminal liability with fines up to VND 30,000,000 or non-custodial reform up to 02 years under the Penal Code.
Conclusion:
– Two vital key takeaways for individuals and families: first, mere extramarital affairs are not administratively fined unless they manifest as cohabitation as husband and wife; second, any repeat violation of monogamy or organization of underage marriage, or violations causing divorce/suicide, will immediately trigger criminal prosecution.
If you require in-depth legal advice on reviewing foreign-element marriage conditions, assessing legal risks, or legal representation in resolving marriage and family disputes in Vietnam, please contact SB Law for timely and effective support from our specialized legal team.
