In Vietnam: A fine up to VND 20 million imposed on husband for beating wife and failure to take her to the medical emergency

In Vietnam: Is it correct that a fine up to VND 20 million shall be imposed on husband for beating wife and failure to take her to the medical emergency?

Pursuant to Clause 2.b and 3.a, Article 52 of the Decree 144/2021/NĐ-CP stipulating acts of harming health of family members in Vietnam as follows:

1. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for acts of beat causing injury to family members:

2. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for any of the following violations:

a) Using tools, means or other objects to cause injury to family members;

b) Failing to take the victim to the medical emergency or treatment in case the victim needs timely medical emergency or failing to take care of the victim during the treatment of injury due to domestic violence, except in cases where the victim refuses.

3. Remedial measures:

a) Mandatory public apology upon the victim’s requirement for the acts specified in Clauses 1 and 2 of this Article;

As regulations above, a fine from VND 10.000.000 to VND 20.000.000 shall be imposed on husband for beating wife and failure to take her to the medical emergency, except in cases where the victim refuses. In addition, the husband shall make public apology upon the victim’s requirement.

In Vietnam: Shall the husband be liable to criminal prosecution for causing 11% whole person impairment to the wife?

Pursuant to Clause 22 Article 1 of the Law on amendments to the Criminal Code in 2017 stipulating deliberate infliction of bodily harm upon another person 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.

As regulations above, the husband shall still be liable to criminal prosecution even if he only causes 11% whole person impairment to the wife.

Best regards!