Can parent beating a child be considered an act of domestic violence? What are punishments for parents beating their children?

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• Can parent beating a child be considered an act of domestic violence?
• How much is the administrative penalty for parents beating their children?
• Could parents beating their children be criminally prosecuted?

Can parent beating a child be considered an act of domestic violence?

According to the provisions of Article 2 of the Law on Domestic Violence Prevention and Control 2007, the acts of domestic violence are:

"Article 2. Domestic violence acts

1. The acts of domestic violence consist of:

a) Corporal beating, ill-treating, torturing or other purposeful acts causing injuries to one’s health and life;

b) Insulting or other intended acts meant to offend one’s human pride, honour and dignity;

c) Isolating, shunning or creating constant psychological pressure on other family members, causing serious consequences;

d) Preventing the exercise of the legal rights and obligations in the relationship between grandparents and grand children, between parents and children, between husbands and wives as well as among brothers and sisters.

e) Forced sex;

f) Forced child marriage; forced marriage or divorce and obstruction to freewill and progressive marriage

g) Appropriating, demolishing, destroying or other purposeful acts to damage the private properties of other family members, or the shared properties of family members;

h) Forcing other family members to overwork or to contribute more earning than they can afford; controlling other family members’ incomes to make them financially dependent;

i) Conducting unlawful acts to turn other family members out of their domicile.

2. The violent acts stipulated in paragragh 1 of this Article shall also be applicable to family members in cases of divorcees or living together as husband and wife without marriage registration."

Thus, beating, ill-treating, torturing or other purposeful acts causing injuries to one’s health and life are the acts of domestic violence. Therefore, parents beating their children is considered an act of domestic violence according to the law.

How much is the administrative penalty for parents beating their children?

According to the provisions of Article 52 of Decree 144/2021/ND-CP, parents beating their children, causing injury may be fined from 5,000,000 VND to 20,000,000 VND depending on the seriousness of the violation. Besides, they were forced to publicly apologize when their children requested them and were forced to pay all medical examination and treatment expenses for their children, specifically:

"Article 52. Acts of infringing upon the health of family members

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for beating and causing injury to family members.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Using tools, vehicles or other items to cause injury to family members;

b) Failing to promptly take the victim to the emergency room for treatment in case the victim needs urgent medical attention or fails to take care of the victim while the victim is being treated for an injury caused by an act of domestic violence, unless The victim refused.

3. Remedial measures:

a) Forcing a public apology upon the victim's request for the acts specified in Clauses 1 and 2 of this Article;

b) Forcible payment of all medical examination and treatment expenses, for the acts specified in Clause 1 and Point a, Clause 2 of this Article."

Could parents beating their children be criminally prosecuted?

According to the provisions of Article 185 of the Penal Code 2015 on Maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver as follows:

"Article 185. Maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver

1. Any person who maltreats or commits violent acts against his/her grandparent, parent, spouse, child, grandchild or caregiver in any of the following circumstances shall receive a warning, face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The victim suffers from regular physical and mental pain;

b) The offender has incurred an administrative penalty for the same offence.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:

a) The offence is committed against a person under 16, a woman with the full knowledge of her pregnancy or an old and weak person;

b) The offence is committed against a person with severe or extremely severe disabilities or a person having a fatal disease.

Thus, If parents regularly physically abuse, beat their children or have been administratively sanctioned but continue to commit violations, they shall receive a warning, face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment. If a parent commits against a person under 16, or a person with severe or extremely severe disabilities or a person having a fatal disease, he or she carries a penalty of 02 - 05 years' imprisonment."