Is there a fine up to 10.000.000 VND for insulting teachers in Vietnam?
Is there a fine up to 10.000.000 VND for insulting teachers in Vietnam? Do people insulting teachers in Vietnam have to face criminal prosecution?
Hello Lawnet. I am a student of F High School. On June 18, my class had a weekend activity, there was an argument between the homeroom teacher and friend H (he is an special individual of the class). During the argument, friend H used inappropriate words to insult the teacher's honor. She didn't say anything but just walked out and seemed to cry. After that, friend H was disciplined and suspended for one week by the school board. From a legal perspective, will he be fined? Thank you.
Is there a fine up to 10.000.000 VND for insulting teachers in Vietnam?
Pursuant to Clause 1 and 3, Article 26 of the Decree 04/2021/NĐ-CP stipulating harming honor or dignity, or bodily harming teachers and managers of educational institutions; violations against regulations and policies for teachers in Vietnam as follows:
1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for harming honor or dignity, or bodily harming teachers/managers of educational institutions, if not liable to criminal prosecution.
3. Remedial measures: The entity committing the violation in Clause 1 of this Article is compelled to issue public apology to persons whose honor or dignity is harmed or who are bodily harmed, unless otherwise demanded by affected persons.
Pursuant to Clause 3.b Article 3 of the Decree 04/2021/NĐ-CP stipulating as follows:
b) The fines prescribed in Chapter II of this Decree shall be imposed upon violating organizations, except the fines prescribed in Clause 5 Article 9, Clause 2 Article 11, Clause 1 and Points a, b, c, d, e Clause 3 Article 14, Point b Clause 3 Article 21, Clause 1 Article 23, Clause 1 Article 29 of this Decree which shall be imposed upon violating individuals. The fine imposed upon an individual is half of that imposed upon an organization for committing the same administrative violation.
As regulations above, a fine up to 10.000.000 VND shall be imposed for insulting teachers in Vietnam. In your case, your friend H will face the fine from VND 5.000.000 to VND 10.000.000 and make public apology to the teacher if he/she requires.
Do people insulting teachers in Vietnam have to face criminal prosecution?
Pursuant to Article 155 of the Criminal Code in 2015 (amended by Clause 2.e Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating as follows:
1. Any person who seriously insults another person shall receive a warning, be liable to a fine of VND 10,000,000 - VND 30,000,000 or face a penalty of up to 03 years' community sentence.
2. This offence committed in any of the following circumstances carries a penalty of 03 - 02 years' imprisonment:
a) The offence has been committed more than once;
b) The offence is committed against 02 or more people;
c) The offence involves abuse of the offender's position or power;
d) The offence is committed against a law enforcement officer in performance of his/her official duties;
dd) The offence is committed against a person who cares for, teaches, raises or provides medical treatment for the offender;
e) The offence is committed using a computer network, telecommunications network or electronic device;
g) The victim suffers from 31% - 60% mental and behavioral disability because of the offence.
3. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:
a) The victim suffers from ≥ 61% mental and behavioral disability because of the offence;
b) The offence results in the suicide of the victim.
4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.
As regulations above, anyone insulting teachers may face criminal prosecution.
Best regards!
