Vietnam: How is sexual harassment in the workplace administratively sanctioned? Is there criminal prosecution?
- How is sexual harassment in the workplace regulated in Vietnam?
- How is sexual harassment in the workplace sanctioned for administrative violations in Vietnam?
- How are acts of insulting the honor and dignity of others administratively sanctioned in Vietnam?
- When there are acts of insulting, insulting, defaming the honor and dignity of others, will they be examined for criminal liability in Vietnam?
How is sexual harassment in the workplace regulated in Vietnam?
According to Article 84 of Decree 145/2020/ND-CP on sexual harassment at work, specifically as follows:
- Sexual harassment defined by Clause 9 Article 3 of the Labor Code may occur in the form of a request, demand, suggestion, threat, use of force to have sex in exchange for any work-related interests; or any sexual acts that thus creates an insecure and uncomfortable work environment and affects the mental, physical health, performance and life of the harassed person.
- Sexual harassment in the workplace includes:
+ Actions, gestures, physical contact with the body of a sexual or suggestive nature;
+ Verbal sexual harassment: sexual or suggestive comments or conversations in person, by phone or through electronic media
+ Non-verbal sexual harassment: body language; display, description of sex or sexual activities whether directly or through electronic media.
- The workplace mentioned in Clause 9 Article 3 of the Labor Code means any location where the employee works in reality as agreed or assigned by the employer, including the work-related locations or spaces such as social activities, conferences, training sessions, business trips, meals, phone conversations, communications through electronic media, on shuttles provided by the employer and other locations specified by the employer.
Thus, obscene behavior at the office shows signs of sexual harassment.
Vietnam: How is sexual harassment in the workplace administratively sanctioned? Is there criminal prosecution?
How is sexual harassment in the workplace sanctioned for administrative violations in Vietnam?
According to Clause 3, Article 11 of Decree 12/2022/ND-CP stipulates the following sanctions:
3. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed for committing acts of sexual harassment in the workplace if not liable to criminal prosecution.
Thus, for sexual harassment at the workplace such as male colleagues at your company, you may be fined for administrative violations with a fine ranging from VND 15,000,000 to VND 30,000,000.
How are acts of insulting the honor and dignity of others administratively sanctioned in Vietnam?
Firstly, in Clause 3, Article 7 of Decree 144/2021/ND-CP stipulates as follows:
3. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be imposed for any of the following violations:
a) Taunting, teasing, insulting, humiliating another person, except the cases specified in Point b Clause 2 Article 21 and Article 54 of this Decree;
b) Organizing, hiring, enticing, tempting another person to cause injuries or bodily harms, or to insult or humiliate another person but not liable to criminal prosecution;
c) Providing false information for a competent authority or organization;
d) Calling 111, 113, 114, 115 or a hotline number of an organization for the purpose of harassment, threatening or insulting;
dd) Manufacturing, storing, transporting sky lanterns;
e) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without adequate legal documents issued by or registered with competent authorities as per regulations;
g) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without maintaining fulfillment of personnel requirements under the license issued by a competent authority;
h) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without adequate equipment, tools, workshop, area under the license issued by a competent authority;
i) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without compliance with regulations of law on security, safety and environment.
Secondly, in Clause 14 Article 7 of Decree 144/2021/ND-CP stipulating the following remedies:
14. Remedial measures:
a) Mandatory restoration of original condition in case of violations specified in Point c Clause 1; Point l Clause 2 and Point e Clause 4 of this Article;
b) Mandatory rectification of false or confusing information in case of violations specified in Point a Clause 3; Point I Clause 4 of this Article;
c) Mandatory public apology in case of violations specified in Point a Clause 3, Points d and dd Clause 5 of this Article, unless it is relinquished in writing by the victim;
d) Mandatory environmental recovery in case of violations specified in Point h Clause 5 of this Article;
dd) Mandatory payment of the entire medical examination and treatment cost in case of violations specified in Point d Clause 1, Point c Clause 2, Point b Clause 3 and Point a Clause 5 of this Article.
Thus, for acts of insulting, insulting, defaming the honor and dignity of others, a fine of VND 2,000,000 to VND 3,000,000 will be imposed. In addition, force a public apology for the violation. As for the organization, the penalty will be double.
When there are acts of insulting, insulting, defaming the honor and dignity of others, will they be examined for criminal liability in Vietnam?
According to Article 155 of the 2015 Criminal Code, as amended by Point e, Clause 2, Article 2 of the 2017 Criminal Code Amendment Law, the crime of humiliating others is as follows:
Article 155. Insults to another person
1. Any person who seriously insults another person shall receive a warning, be liable to a fine of VND 10,000,000 - VND 30,000,000 or face a penalty of up to 03 years' community sentence.
2. This offence committed in any of the following circumstances carries a penalty of 03 - 02 years' imprisonment:
a) The offence has been committed more than once;
b) The offence is committed against 02 or more people;
c) The offence involves abuse of the offender's position or power;
d) The offence is committed against a law enforcement officer in performance of his/her official duties;
dd) The offence is committed against a person who cares for, teaches, raises or provides medical treatment for the offender;
e) The offence is committed using a computer network, telecommunications network or electronic device;
g) The victim suffers from 11% - 45% mental and behavioral disability because of the offence.
3. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:
a) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;
b) The offence results in the suicide of the victim.
4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.
Thus, when Mr. D at your company seriously offends the dignity of others, the honor of others can still be examined for criminal liability if it falls under the above cases.
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