How to report child abuse? What are the penalties of child abuse in Vietnam?
What is child abuse?
Pursuant to the provisions of Clause 6, Article 4 of the Children Law 2016, the specific definition of child violence is as follows:
Interpretation of terms
In this Law, these terms are construed as follows:
...
6. Violence against the child refers to acts of maltreating, persecuting or beating a child; taking physical abuse or causing harm to the child’s health; reviling or offending honor or dignity of the child; segregating, driving the child away and other deliberate acts that cause physical and mental harm to the child.
Accordingly, violence against the child refers to acts of maltreating, persecuting or beating a child; taking physical abuse or causing harm to the child’s health; reviling or offending honor or dignity of the child; segregating, driving the child away and other deliberate acts that cause physical and mental harm to the child.
At present, it can be understood that child abuse or violence against children is acts that cause both physical and mental harm to children. Specifically that:
- Physical violence is the use of physical force for the purpose of causing injury or harm to the health of others.
- Mental violence is also known as emotional violence, psychological violence.
These acts of violence, although not directly affecting physical health, can seriously affect children's mental and psychological development.
How to report child abuse? What are the penalties of child abuse in Vietnam?
Are acts of child abuse subject to criminal prosecution in Vietnam?
In Clause 1, Article 37 of the 2013 Constitution, it is specified that:
Children shall be protected, cared for and educated by the State, family and society; children may participate in child-related issues. Harassing, persecuting, maltreating, abandoning or abusing children, exploiting child labor or other acts that violate children’s rights are prohibited.
Pursuant to the provisions of Article 52 of Decree 144/2021/ND-CP specifically stipulating that:
Acts of harming health of family members
1. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for acts of beat causing injury to family members:
2. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for any of the following violations:
a) Using tools, means or other objects to cause injury to family members;
b) Failing to take the victim to the medical emergency or treatment in case the victim needs timely medical emergency or failing to take care of the victim during the treatment of injury due to domestic violence, except in cases where the victim refuses.
At the same time, Article 53 of Decree 144/2021/ND-CP also stipulates:
Acts of torturing or abusing family members
1. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for any of the following violations:
a) Mistreating the family members, such as forcing them to abstain from eating and drinking, suffer from coldness, wear torn clothes, prohibit or restrict personal hygiene;
b) Neglecting without care for family members as elderly, disabled, pregnant woman or nursing woman;
Note: For organizations with the same violations, the fine level is 2 times higher than the fine level for individuals.
Accordingly, acts of child abuse may be subject to an administrative fine of up to VND 40,000,000.
Pursuant to the provisions of Article 185 of the Criminal Code 2015, specifically as follows:
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, in case of regularly committing acts of violence against children in the family, the perpetrator may be held responsible for the crime of maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver with a prison sentence of 2 - 5 years.
How to report child abuse in Vietnam?
- National hotline number for child protection 111
- Application of the 111 Hotline
- Facebook National Hotline for Child Protection: https://www.facebook.com/tongdaiquocgiabvte
- Zalo of Hotline 111: https://zalo.me/124927393982150616
Above is some of the information we provide to you about child abuse. Best regards!
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