How to handle neighbors spreading false and defamatory information about others in Vietnam?

In Vietnam, there is no shortage of cases where neighbors engage in slanderous speech or pry into others' private lives. Phrases such as "camera powered by rice" or "neighborhood camera" are satirical terms hinting at such incidents.

1. How to handle neighbors spreading false and defamatory information about others in Vietnam?

Regarding neighbors fabricating and slandering others, according to regulations, depending on the severity of the actions, the offender may be subject to administrative penalties or criminal prosecution. To be specific:

Administrative Penalties

According to Clause 3, Article 7 of Decree 144/2021/ND-CP, fines ranging from 2,000,000 VND to 3,000,000 VND are imposed for any of the following acts:

- Provocative, teasing, insulting, slandering, defaming the honor, dignity of others, except in cases of defaming the honor, dignity of public servants or family members.

- Organizing, hiring, inciting, dragging, seducing, or instigating others to intentionally cause injury or harm to others' health or violate the honor, dignity of others without criminal prosecution.

Thus, according to the above regulations, neighbors who fabricate and slander others will be fined administratively from 2,000,000 VND to 3,000,000 VND. Additionally, the violator is required to rectify the false information and publicly apologize unless the victim submits a request not to.

If the slandering act occurs on social media, the violator may be fined from 5,000,000 VND to 10,000,000 VND and required to remove the violating information (according to Article 4, Article 101 Decree 15/2020/ND-CP, amended by Decree 14/2022/ND-CP).

Criminal Prosecution

If the neighbor's acts of fabrication and slander meet the criteria for a crime, they will not be fined administratively but will be criminally prosecuted for defamation under Article 156 of Vietnam’s Criminal Code 2015. To be specific:

- A fine from 10,000,000 VND to 50,000,000 VND, community sentence for up to 2 years, or imprisonment from 3 months to 1 year for:

+ Fabricating or spreading information known to be false to seriously harm the honor, dignity, or legal rights and interests of others;

+ Fabricating that another person has committed a crime and reporting it to competent authorities.

The maximum penalty for such acts can be up to 7 years of imprisonment, along with additional punishments such as fines from 10,000,000 VND to 50,000,000 VND, a ban on holding certain positions, or a prohibition from certain professions for 1 to 5 years.

Thus, if a neighbor is criminally prosecuted for this offense, the minimum penalty is a fine from 10,000,000 VND to 50,000,000 VND, community sentence for up to 2 years, or imprisonment from 3 months to 1 year; and the maximum penalty is imprisonment from 3 years to 7 years.

2. What are regulations on compensation for damage due to honor, dignity, and reputation infringement in Vietnam?

Besides administrative or criminal penalties, a neighbor fabricating and slandering others may also be liable for damages for infringing on the honor, dignity, and reputation of others according to Article 592 of Vietnam’s Civil Code 2015. To be specific:

- Damage to honor, dignity, and reputation includes:

+ Reasonable costs for preventing and remedying the damage;

+ Actual lost or diminished income;

+ Other damages as prescribed by law.

- The responsible party for the damage to others' honor, dignity, and reputation must compensate for the above damages and an additional amount for mental anguish endured. The compensation amount for mental anguish is agreed upon by the parties; if no agreement is reached, the maximum amount is not more than ten times the statutory pay rate set by the State.

In such circumstances, the victim can take the following actions:

- File a lawsuit for damages if the fabricator's actions are only subjected to administrative handling.

- Request the Court to address the compensation request in the criminal case if the fabricator's actions are criminally prosecuted.

Sincerely!

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