Vietnam: What is the penalty imposed on husbands failing to allow their wives and children to return mother’s hometown for celebrating Tet? Is it considered an act of domestic violence in case husbands fail to allow their wives and children to take care of maternal family?
- What is the penalty imposed on husbands failing to allow their wives and children to return mother’s hometown for celebrating Tet in Vietnam?
- Is it considered an act of domestic violence in case husbands fail to allow their wives and children to take care of maternal family in Vietnam?
- What is the administrative penalty imposed on husbands failing to allow their wives and children to take care of maternal family in Vietnam?
What is the penalty imposed on husbands failing to allow their wives and children to return mother’s hometown for celebrating Tet in Vietnam?
Clause1, Article 55 of Decree 144/2021/ND-CP stipulates:
Isolating, shunning or psychologically putting pressure
1. A warning or a fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for any of the following violations:
a) Prohibiting family members from going out of their house, preventing family members from meeting with their relatives, and friends, or having legitimate and healthy social relations aimed at isolating or psychologically putting pressure on those members;
b) Prohibiting the family members from exercising the right to work;
c) Prohibiting the family members from participating in healthy and legitimate social activities;
2. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for coercing the family members to witness the violence against people or animals.
3. A fine of from VND 20.000.000 to VND 30.000.000 shall be imposed for any of the following violations:
a) Forcing family members to perform erotic actions and use aphrodisiacs;
b) Having sexual arousal behavior or abusing body against family member.
4. Remedial measure:
Mandatory public apology upon the victim’s requirement for the acts specified in Clauses 1 and 2 of this Article;
Thus, husbands failing to allow their wives and children to mother’s hometowns to celebrate Tet in Vietnam in order to isolate and exert regular psychological pressure on their wives may be administratively fined from VND 5,000,000 to VND 10,000,000.
At the same time, the husband must publicly apologize to his wife if his wife requests.
Is it considered an act of domestic violence in case husbands fail to allow their wives and children to take care of maternal family in Vietnam?
Pursuant to Article 103 of the 2014 Law on Marriage and Family as follows:
Rights and obligations among other family members
1. Family members have the right and obligation to care for, look after, assist and respect one another. Lawful personal and property rights and interests of family members prescribed in this Law, the Civil Code and other relevant laws shall be protected by law.
2. Family members that live together have the obligations to participate in housework and income-generating activities; contribute their efforts, money or other properties to maintaining family life suitable to their actual capabilities.
3. The State shall adopt policies to create conditions for familial generations to, care for look after, and assist one another for the purpose of preserving and upholding the fine traditions of Vietnamese families; shall encourage individuals and organizations in the society to jointly participate in preserving and upholding the fine traditions of Vietnamese families.
Accordingly, family members have the right and obligation to take care of each other.
Pursuant to Article 2 of the 2007 Law on Prevention and Control of Domestic Violence as follows:
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.
Accordingly, preventing the exercise of rights and obligations in family relations is an act of domestic violence. Thus, the failure to allow wife and children to take care of maternal family is an act of domestic violence.
What is the administrative penalty imposed on husbands failing to allow their wives and children to take care of maternal family in Vietnam?
Pursuant to Article 56 of Decree 144/2021/ND-CP as follows:
Preventing the implementation of rights and obligations in family relationships between grandparents and grandchildren; between parents and children, between husband and wife and between brothers and sisters together
A fine of between VND 5.000.000 and 10.000.000 shall be imposed for acts to prevent visitation and care rights between grandparents and grandchildren; between parents and children, except for cases where the parental visitation rights is limited under the decision of the court; between husband and wife; between brothers and sisters together.
Accordingly, if one spouse prevents the other party from visiting and taking care of their parents, it is considered a violation against the law and may be administratively fined from VND 5,000,000 to VND 10,000,000.
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