The Government has issued Decree No. 109/2026/ND-CP, officially effective from May 18, 2026, which comprehensively replaces Decree No. 82/2020/ND-CP and Decree No. 117/2024/ND-CP. The new Decree significantly increases administrative fines for various violations and tightens regulatory control over matters ranging from marriage registration and the principle of monogamy to commercial surrogacy.
1. Legal Grounds Governing Administrative Liability for Violations
The administration and handling of violations in marriage and family relations are currently governed by the following legal instruments:
- The Law on Marriage and Family 2014: The fundamental legislation establishing the basic principles of the marriage and family regime, conditions for marriage, and prohibited acts under Article 5.
- Decree No. 109/2026/ND-CP: Provides for administrative sanctions in the fields of judicial assistance, judicial administration, marriage and family, civil judgment enforcement, and recovery and bankruptcy of enterprises and cooperatives. The Decree took effect on May 18, 2026.
- The Penal Code 2015 (as amended and supplemented in 2017): Provides for criminal offenses applicable to serious violations, including the Crime of Violating the Monogamous Marriage Regime under Article 182, the Crime of Organizing Child Marriage under Article 183, and the Crime of Organizing Commercial Surrogacy under Article 187.
2. Categories of Violations and Applicable Administrative Penalties
Under Decree No. 109/2026/ND-CP, the maximum administrative fine applicable to an individual for violations in the field of marriage and family is VND 30,000,000. Common violations may be categorized and sanctioned as follows:
2.1. Violations of the Monogamous Marriage Regime and Regulations on Marriage and Divorce
This category covers violations that frequently arise in everyday family and marital relations.
- A fine of VND 5,000,000 to VND 10,000,000 may be imposed for the following acts:
- Entering into marriage with another person while having a lawful spouse;
- Entering into marriage with a person whom the offender knows to be already married, while the offender themselves is unmarried;
- Cohabiting as husband and wife with another person while having a lawful spouse;
- Cohabiting as husband and wife with a person whom the offender knows to be legally married, while the offender themselves is unmarried;
- Entering into marriage or cohabiting as husband and wife between persons whose relationship falls within the categories prohibited by law, such as a former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepchild, or stepmother and stepchild;
- Obstructing another person from entering into marriage, demanding property as a condition for marriage, or obstructing another person from obtaining a divorce.
- A fine of VND 10,000,000 to VND 20,000,000 may be imposed for more serious violations, including:
- Entering into marriage or cohabiting as husband and wife between persons related by direct bloodline or within three generations of kinship;
- Entering into marriage or cohabiting as husband and wife between an adoptive parent and an adopted child;
- Forcing or deceiving another person into marriage, or forcing or deceiving another person into divorce;
- Marriage of convenience: Entering into marriage for the purpose of taking advantage of immigration, exit, entry, residence, acquisition of Vietnamese or foreign nationality, or State benefits without the genuine purpose of establishing a family;
- Collusive divorce: Obtaining a divorce for the purpose of evading property obligations or violating population policies without the genuine purpose of terminating the marital relationship.
- Remedial measure: The offender may be required to return any unlawful profits obtained from the sham marriage or collusive divorce.
2.2. Violations Relating to Child Marriage and the Organization of Child Marriage
With the aim of eliminating outdated customs and protecting children’s rights, Decree No. 109/2026/ND-CP provides for the following sanctions:
- A fine of VND 1,000,000 to VND 3,000,000: Applicable to the act of arranging or organizing a marriage for a person who has not reached the statutory marriageable age, namely a male under 20 years of age or a female under 18 years of age.
- A fine of VND 3,000,000 to VND 5,000,000: Applicable to the act of maintaining an unlawful marital relationship with a person who has not reached the statutory marriageable age despite a legally effective court judgment or decision requiring the termination of such relationship.
2.3. Violations Relating to Childbearing and Commercial Surrogacy
Pursuant to Article 5 of the Law on Marriage and Family 2014, commercial surrogacy is expressly prohibited by law.
- A fine of VND 10,000,000 to VND 20,000,000: Applicable to acts of giving birth through assisted reproductive technologies for commercial purposes, human cloning for reproductive purposes, or commercial surrogacy.
- Remedial measure: The offender may be required to return all unlawful profits obtained from the violation.
2.4. Abuse of Guardianship for Personal Gain
- A fine of VND 1,000,000 to VND 3,000,000: Applicable to the act of evading or failing to perform guardianship obligations after the guardianship has been registered.
- A fine of VND 5,000,000 to VND 10,000,000: Applicable to the abuse of the rights or obligations of a guardian for the purpose of unlawfully obtaining property, exploiting the ward’s labor, or sexually abusing the ward.
3. Common Mistakes and Practical Legal Risks to Avoid
3.1. Misunderstanding the Concept of “Cohabitation as Husband and Wife”
It is not necessarily necessary for the parties to hold a wedding ceremony or register their marriage in order for administrative sanctions to apply.
Where a man and a woman live together and publicly maintain a relationship as husband and wife in the community, particularly where they have a common child or jointly owned property, and one of them is already in a lawful marriage, the conduct may constitute grounds for an administrative fine of VND 5,000,000 to VND 10,000,000, subject to the statutory conditions.
3.2. Risk of Administrative Violations Escalating into Criminal Liability
- In cases involving an extramarital relationship that violates the monogamous marriage regime, criminal liability may arise where the conduct results in the divorce of one or both spouses, causes the spouse or child of the offender to commit suicide, or where the offender has previously been administratively sanctioned for the same conduct but continues to maintain the unlawful relationship, in accordance with Article 182 of the Penal Code 2015.
- In relation to the organization of child marriage, a person who has previously been administratively sanctioned for the same conduct but continues to arrange or organize a marriage for a person below the statutory marriageable age may subsequently face criminal prosecution under Article 183 of the Penal Code 2015.
3.3. Obstructing Another Person from Exercising Their Right to Divorce
Vietnamese law protects an individual’s right to freely seek a divorce where the purposes of marriage can no longer be achieved.
Acts such as concealing personal identification documents, retaining the Marriage Certificate, threatening, or using force to prevent a spouse from filing a divorce petition with the court may constitute administrative violations and may be subject to a fine of up to VND 10,000,000.
Conclusion
Vietnamese law provides a comprehensive framework for addressing violations in marriage and family relations, ranging from administrative sanctions to criminal liability for more serious conduct.
In particular, violations of the monogamous marriage regime, child marriage regulations, and the prohibition of commercial surrogacy may result in significant legal consequences depending on the nature and severity of the violation.
Accordingly, individuals should carefully assess their conduct against the applicable provisions of the Law on Marriage and Family, Decree No. 109/2026/ND-CP, and the Penal Code to avoid administrative sanctions or, where the statutory elements are satisfied, criminal liability.
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