How much is the fine for a person who forces his/her parents out of their legal living place in Vietnam?
How much is the fine for a person who forces his/her parents out of their legal living place in Vietnam? Can the act of forcing parents out of their legal living place in Vietnam be criminally prosecuted?
Next to my house, there are two people who are nearly 70 years old. These two people have a son who does not work but indulges in playing, drinking. Every time this drunken son comes home, he kicks the two old neighbors out of the house, forcing them to sleep on the street.
Could you please tell me how this person would be administratively punished? And can this person be held criminally responsible? Thank you!
How much is the fine for a person who forces his/her parents out of their legal living place in Vietnam?
In Clause 2 Article 70, Clause 2 Article 71 of the Law on Marriage and Family of 2014 stipulates:
Article 70. Rights and obligations of children
2. To love, respect, show gratitude and dutifulness to and support their parents, to preserve the honor and good traditions of their family.
Article 71. Obligation and right to care for and raise
2. Children have the obligation and right to care for and support their parents, especially when their parents lose their civil act capacity, are sick, become old and weak or have disabilities. For a family with several children, these children shall together care for and support their parents.
Based on Article 59 of Decree 144/2021/ND-CP regulating illegal acts forcing family members out of their legal living place as follows:
1. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for acts forcing family members out of their legal living place:
2. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for acts threatening with violence to force family members out of their legal living place;
Therefore, this person has obligation to care for and support their parents, but he forces his parents out of their legal living place. This person will be fined from 5,000,000 VND to 10,000,000 VND for the act of forcing his parents out of their legal living place, and if he uses violence to force his parents out of their legal living place, they will be fined from 10,000,000 VND to 20,000,000 VND.
How much is the fine for a person who forces his/her parents out of their legal living place in Vietnam? (Image from the Internet)
Can the act of forcing parents out of their legal living place in Vietnam be criminally prosecuted?
Based on Article 185 of the 2015 Criminal Code regarding maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver as follows:
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.
Therefore, a person who forces his/her parents out of their legal living place may be prosecuted for criminal responsibility for the crime of maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver. This person may be warned, undergo reform without detention for up to 03 years, or imprisoned from 06 months to 05 years, depending on the circumstances of the case and the severity in Vietnam.
Best Regards!
