CaliToday (22/11/2025): Vietnam's Ministry of Justice has introduced a controversial new draft decree that proposes significantly increasing the financial penalties for individuals who cohabit or live with someone who is already married, aiming to strengthen the legal protection of marriage and family values.
The draft proposal suggests raising the fines for this specific offense - often referred to as adultery or unlawful cohabitation from the current nominal amounts to a substantially higher range of VND 5 million to VND 10 million (approximately $200 to $400 USD).
The Legal Framework: Strengthening Marriage Laws
The move is part of a broader effort to revise and update administrative penalties related to social order, but this particular proposal has sparked widespread public debate.
Targeted Behavior: The decree specifically targets the act of "cohabiting as husband and wife with a person who is currently married or who is already in an ongoing marital relationship."
Increased Deterrence: Proponents of the stricter fines argue that the current penalties are too light to act as a meaningful deterrent against behavior that damages the traditional family structure. The tenfold increase in the fine is intended to send a clear message about the seriousness of the violation.
Public and Legal Reactions
The proposal has drawn sharp, contrasting opinions from the public, legal experts, and social advocates:
Support for Traditional Values: Many conservative groups and members of the public have welcomed the move, seeing it as necessary to uphold moral standards and protect the rights of the betrayed spouse and children.
Concerns Over Enforceability and Privacy: Critics, including several legal scholars and human rights activists, have raised significant concerns about the practicality of enforcing such a law. They question how authorities would definitively prove "cohabiting as husband and wife" without invasive surveillance, arguing that the law risks infringing upon personal privacy.
Alternative Solutions: Some experts suggest that while the intent to protect the family is valid, focusing on administrative fines may be less effective than strengthening civil recourse through divorce proceedings, asset division laws, or existing criminal charges related to bigamy, which is a separate and more serious offense.
The Next Steps in the Draft
The draft decree is currently undergoing public consultation before being finalized and submitted to the government for approval. The outcome of the debate over the VND 5-10 million penalty will be a key indicator of how far Vietnam is willing to use administrative law to regulate private morality and personal relationships in the modern era.