Vietnam: How long can a person who maltreats or abuses grandparents, parents, spouse, children, grandchildren, caregivers go to jail?
- What is the crime of maltreating or abusing grandparents, parents, spouses, children, grandchildren and/or caregivers?
- How long can a person who maltreats or abuses grandparents, parents, spouse, children, grandchildren, caregivers go to jail?
- How much money can be fined for maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver?
What is the crime of maltreating or abusing grandparents, parents, spouses, children, grandchildren and/or caregivers?
Refer to the content in subsection 7.1, Section 7 of Joint Circular 01/2001/TTLT-BTP-BCA-TANDTC-VKSNDTC (guiding the 1999 Criminal Code of Vietnam) which defines the crime of maltreating as follows:
Regarding the crime of maltreating or abusing grandparents, parents, spouses, children, grandchildren and/or caregivers (Article 151, the 1999 Criminal Code of Vietnam)
7.1. Acts of maltreatment, abusion are usually understood as the maltreatment in terms of food, clothing, accommodation in daily-life activities against relatives, such as scolding, forcible abstention from eating, drinking, forcible stand of coldness, worn-out clothing in abnormal ways or acts of violence against victims, such as beating, detention,… thus making the victims suffer from physical and spiritual pains.
At the same time, subsection 7.3, Section 7 of Joint Circular 01/2001/TTLT-BTP-BCA-TANDTC-VKSNDTC stipulates that objects of infringement in the form of a crime of maltreating or abusing grandparents, parents, spouses, children, grandchildren and/or caregivers are the following:
Regarding the crime of maltreating or abusing grandparents, parents, spouses, children, grandchildren and/or caregivers (Article 151, the 1999 Criminal Code of Vietnam)
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7.3. Objects of infringement prescribed in Article 151 of the PC include:
a) Grandparents, including paternal grandparents and maternal grandparents;
b) Parents, including natural parents, adoptive parents, step fathers, step mothers;
c) Spouses according to the provisions of the marriage and family legislation;
d) Children, including natural children (wedlock children and out-of-wedlock children); adopted children, sons-in-law; daughters-in-law; children of previous marriages of the husband or wife;
e) Grandchildren, including paternal grandchildren, maternal grandchildren;
f) Caregivers means brothers, sisters, aunts, uncles, next of kin or other persons who fostered or are fostering the persons who have committed in-treating or abusing acts.
Thus, acts of maltreating or abusing grandparents, parents, spouses, children, grandchildren and/or caregivers are understood as the maltreatment in terms of food, clothing, accommodation in daily-life activities against the above target groups.
For example, scolding, forcible abstention from eating, drinking, forcible stand of coldness, worn-out clothing in abnormal ways or acts of violence against victims, such as beating, detention,… thus making the victims suffer from physical and spiritual pains.
Vietnam: How long can a person who maltreats or abuses grandparents, parents, spouse, children, grandchildren, caregivers go to jail?
How long can a person who maltreats or abuses grandparents, parents, spouse, children, grandchildren, caregivers go to jail?
Pursuant to Article 185 of the 2015 Criminal Code of Vietnam stipulating 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, the crime of maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver is prescribed with two penalty frames, namely:
Frame 1: A warning, a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment shall be imposed upon any person who maltreats or commits violent acts against his/her grandparent, parent, spouse, child, grandchild or caregiver in any of the following circumstances:
- The victim suffers from regular physical and mental pain;
- The offender has incurred an administrative penalty for the same offence.
Frame 2: A penalty of 02 - 05 years' imprisonment shall be imposed in one of the following cases:
- The offence is committed against a person under 16, a woman with the full knowledge of her pregnancy or an old and weak person;
- The offence is committed against a person with severe or extremely severe disabilities or a person having a fatal disease.
How much money can be fined for maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver?
Pursuant to Article 53 of Decree No. 144/2021/ND-CP stipulating as follows:
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;
2. Remedial measure:
Mandatory public apology upon the victim’s requirement for the acts specified in Clause 1 of this Article;
Thus, when there is an abusive behavior, such as 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; Neglecting without care for family members as elderly, disabled, pregnant woman or nursing woman;
This person may be administratively sanctioned in the form of a fine ranging from VND 10,000,000 to VND 20,000,000. At the same time, it may be necessary to force a public apology when the victim makes a request for the violation.
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