Vietnam: What is maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver?
- What is maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver in Vietnam?
- How many years will a person who maltreats or commits violent acts against their grandparent, parent, spouse, child, grandchild, or caregiver in Vietnam face an imprisonment penalty?
- What is the fine imposed on a person who maltreats or commits violent acts against their grandparent, parent, spouse, child, grandchild, or caregiver in Vietnam?
What is maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver in Vietnam?
Refer to subsection 7.1 Section 7 of Joint Circular 01/2001/TTLT-BTP-BCA-TANDTC-VKSNDTC (Guidelines of the 1999 Criminal Code) as follows:
Regarding the maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver (Article 151, 1999 Criminal Code)
7.1. Acts of maltreatment and abuse are usually understood as maltreatment in terms of food, clothing, accommodation in daily-life activities against relatives, such as scolding, forcible abstention from eating, drinking, the 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 of Section 7 of Joint Circular 01/2001/TTLT-BTP-BCA-TANDTC-VKSNDTC, subjects of infringement in constituting the maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver are:
Regarding the maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver (Article 151, 1999 Criminal Code)
7.3. Subjects of infringement prescribed in Article 151 of the 1999 Criminal Code include:
a) Grandparents, including paternal grandparents and maternal grandparents;
b) Parents, including natural parents, adoptive parents, stepfathers, and 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) Fosterers means brothers, sisters, aunts, uncles, next of kin or other persons who fostered or are fostering the persons who have committed in-treating or persecuting acts.
It should be noted that only cases of ill-treating or persecuting the subjects mentioned above shall be examined for penal liability for this crime; if the ill-treating or persecuting acts are committed against persons other than the above-mentioned subjects, the offenders shall be examined for penal liability for the crime of ill-treating other persons according to Article 110 of the 1999 Criminal Code; where the ill-treating or persecuting acts constitute means of forcible marriage or prevention of voluntary and progressive marriage, the offenders shall be examined for penal liability for crimes of forcible marriage or prevention of voluntary and progressive marriage according to Article 146 of the 1999 Criminal Code.
Accordingly, the maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild, or caregiver is usually understood as maltreatment in terms of food, clothing, accommodation in daily-life activities against the above subjects, such as scolding, forcible abstention from eating, drinking, the 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.
How many years will a person who maltreats or commits violent acts against their grandparent, parent, spouse, child, grandchild, or caregiver in Vietnam face an imprisonment penalty?
Pursuant to Article 185 of the 2015 Criminal Code, there are the following provisions;
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.
Accordingly, at present, the maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild, or caregiver is prescribed with 2 penalty frames, namely:
Frame 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:
- The victim suffers from regular physical and mental pain;
- The offender has incurred an administrative penalty for the same offence.
Frame 2: This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:
- 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.
What is the fine imposed on a person who maltreats or commits violent acts against their grandparent, parent, spouse, child, grandchild, or caregiver in Vietnam?
Pursuant to Article 53 of Decree 144/2021/ND-CP as follows:
Acts of maltreating 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:
a) Mandatory public apology upon the victim’s requirement for the acts specified in Clause 1 of this Article;
Accordingly, a person who mistreats family members, such as forcing them to abstain from eating and drinking, suffer from coldness, wear torn clothes, prohibit or restrict personal hygiene; neglects without care for family members such as the elderly, disabled, pregnant women or nursing woman shall VND 10,000,000 to VND 20,000,000. At the same time, they must make a mandatory public apology upon the victim’s requirement for the above acts.
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