How much is fine for teachers hitting their students in Vietnam? Can teachers who beat students be liable for for criminal prosecution in Vietnam?

How much is fine for teachers hitting their students in Vietnam?

In Clause 4, Article 6 of the Regulation on the teaching professional’s moral standards promulgated together with Decision 16/2008/QD-BGDĐT, stipulating preservation and protection of teaching professionals’ ethical traditions as follows:

4. Do not inflict damage on student’s body, hurt sense of honor and dignity of students, colleagues and others. Do not cause impact on work and life activities of colleagues and others.

According to Article 28 of Decree 04/2021/ND-CP on violations against regulations on learner discipline; harming honor or dignity or bodily harming learners; violations against policies for learners as follows:

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:

a) Taking disciplinary actions against learners against prevailing regulations;

b) Harming honor or dignity or bodily harming learners, if not liable to criminal prosecution.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for committing violations against policies for learners.

3. Remedial measures:

a) The entity committing the violation in Point a Clause 1 of this Article is compelled to cancel disciplinary decisions and restore learners’ right to learn;

b) The entity committing the violation in Point b Clause 1 of this Article is compelled to issue public apology to learners whose honor or dignity is harmed or who are bodily harmed, unless otherwise demanded by affected learners or their lawful representatives.

Thus, according to the above regulations in Vietnam, teachers are not allowed to infringe on students' bodies, Math teacher H has taken action to hit B with a ruler, it is an act of infringing on the student's body. Mr. H is breaking the law. 

Mr. H will be fined from VND 5,000,000 to VND 10,000,000 for hitting B with a ruler. In addition, Mr. H is forced to publicly apologize to B if B or his legal representative B asks for an apology in Vietnam.

Can teachers who beat students be liable for for criminal prosecution in Vietnam? 

Pursuant to Article 134 of the 2015 Penal Code as amended by Clause 22, Article 1 of the 2017 Penal Code Amendment, deliberate infliction of bodily harm upon another person is as follows:

1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 30% whole person impairment (WPI) or under 11% WPI in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Explosive, a dangerous weapon, a dangerous method is used to harm numerous people;

b) Acid or a hazardous chemical is used;

c) The victim is a person aged under 16, a women whose pregnancy is known by the offender, an old and weak, sick, or defenseless person;

d) The victim is the offender's grandparent, parent, caregiver, teacher or physician;

dd) The offence is committed by an organized group;

e) The offender misuses his/her position or power to commit the offence;

g) The offender commits the crime while being kept in temporary detention, serving an imprisonment sentence, receiving compulsory education in a reform school, correctional institution or rehabilitation center;

h) The offence hires another person or is hired by another person to inflict bodily harm to another person;

i) The offence is of a gangster-like nature;

k) The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official duties.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 06 years' imprisonment:

a) The offence causes 31% - 60% WPI for another person;

b) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI;

c) The offence has been committed more than once;

d) Dangerous recidivism;

dd) The offence results in bodily harm to another person who suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence results in ≥ 61% WPI of the victim, except in the circumstances specified in Point b Clause 4 of this Article;

b) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI;

c) The offence results in bodily harm to another person who suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

d) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

4. This offence committed in any of the following circumstances carries a penalty of 07 - 14 years' imprisonment:

a) The offence results in the death of a person;

b) The offence results in deformation of the victim’s face and the physical disability inflected is ≥ 61%;

c) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI;

d) The offence results in bodily harm to another person who suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

dd) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

5. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence results in the death of more than one person;

b) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

6. Any person who prepares a weapon, explosive, acid, dangerous chemical; establishes or joins a group of criminals to inflicts bodily harm upon another person and shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

Therefore, Mr. H will be liable for for criminal prosecution in Vietnam if he goes beyond the administrative penalty frame. The number of years in prison will depend on the level of behavior and the rate of injury on B.

Best Regards!